Flint Michigan Local Laws
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Flint Michigan Local Laws

This is a discussion on Flint Michigan Local Laws within the Michigan Discussion and Firearm News forums, part of the Firearms Discussion by State category; I thought this was a little interesting. Id like to hear your opinions. -------------------- FLINT, Michigan — Handguns and cigarettes ...

  1. #1
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    Default Flint Michigan Local Laws

    I thought this was a little interesting. Id like to hear your opinions.

    --------------------
    FLINT, Michigan — Handguns and cigarettes were two hot topics addressed by the Flint City Council on Monday.
    A split city council voted 7-2 to change a local ordinance so that the city law on the carrying of firearms doesn’t conflict with the state’s open carry law, which allows people to openly carry a handgun in public.

    The council also voted to postpone a proposed Hurley Medical Center smoking ban that would include Hurley property as well as any adjacent public streets and sidewalks. Council members said they would like to see the ban changed so that it doesn’t include public right-of-ways.

    The actions came after several members of the public spoke out on the issues.

    Swartz Creek resident Pat Clawson, who works in Flint, said council needed to change its handgun ordinance so that people can openly carry in the city.

    The issue was brought to the council’s attention in June, when the city attorney said the council must change the ordinance or risk getting sued.

    State law allows people to carry loaded guns in certain public areas as long as they are visible and in holsters. The law also clearly says local units of government cannot regulate on the issue, City Attorney Pete Bade said.

    “We need open carry of firearms in Flint,” said Clawson, a Libertarian candidate for state Senate seat that includes Flint. “Let the ordinary citizens of Flint protect themselves against the thugs and hoodlums.”

    But Flint resident AC Dumas, former president of the local NAACP, said allowing people to open carry is dangerous. He also said people should be required to get a permit to open carry.

    “If you want to carry your gun, go and get your gun permit,” he said.

    Council members Sheldon Neeley and Jackie Poplar voted against the ordinance change.

    Neeley said he’ll be asking the city council to approve a resolution asking the state Legislature to amend the open carry law to allow local units of government to regulate the issue so they could add restrictions as well as education and training requirements.

    Councilman Bernard Lawler said he would support such a move.

    “We’re not in agreement with how the state is legislating on a local level,” he said. “We don’t have a choice.

    “Not only do we disagree, but many of our residents and constituents disagree.”

    The council voted to postpone discussion of a Hurley smoking ban for two weeks, with the expectation that Hurley will bring an amended proposal that doesn’t include public right-of-ways.

    Hurley had proposed a smoking ban that included public sidewalks around the hospital, which didn’t sit well with many council members or members of the public.

    “They’re working on some type of compromise,” Poplar said. “The nonsmokers along with the smokers can be happy.”

    ---------------
    FLINT, Michigan — The Flint City Council moved forward on eliminating the city's illegal ban on openly carrying loaded weapons in public — but some council members weren't happy about it.


    A local ordinance that bans people from openly carrying a loaded gun isn’t consistent with state law, which allows people to carry handguns openly as long as they are visible and in holsters.


    The city attorney said the city must update its ordinance to comply with state law, or risk legal challenge.


    But some City Council members fear that changing the local ordinance would result in more armed people on the street.



    Poplar
    Councilwoman Jackie Poplar tonight voted against moving forward with the change.


    "I don't care what the state wants us to do on this, I still feel it's wrong. People don't understand it," Poplar said. "It's just opening a can of worms."


    Councilman Sheldon Neeley voted to move forward on changing the law, but said he wants the city to look into requiring people who open carry in Flint to take a class.


    "We need to educate the public if this is going to be part of our environment," he said. "I'm not a gun hater. I'm not a gun advocate.



    Neeley
    "But I am going to reaffirm my discomfort with people openly carrying firearms in the city of Flint."


    City Attorney Peter Bade first brought the issue to the council's attention after a resident made city officials aware of the conflict between local and state law.


    Bade said he wants to make sure the city is not acting outside of its legal authority. He said state law clearly states that local units of government cannot regulate on the issue.


    "If this ordinance change isn't made, there's going to be a significant amount of attention brought to this issue," he said. "The city is a creature of the state, and state law supercedes."


    The Flint City Council will consider the ordinance change at its meeting at 5:30 p.m. Monday at Flint City Hall, 1101 S. Saginaw St.

    --------------

    Couldnt find anything else updated about this on the computer, seems like everything stops within the August time frame. I think either way, if I am going to walk in the city, dispite their "local law" I am going to openly carry my weapon, if they stop me or harass me, Ill just take them to court and win.
    Upsets me that just because 1 guy has an issue with Open Carry, hes going to try and change state law, dispite the fact Flint has had 67 murders this year, the most theres ever been in Flint.
    Give me your takes on this, if anyone has any new information, Id love to hear it.
    Thanks.
    Only two defining forces have ever offered to die for you, Jesus Christ and the American Soldier....One died for your soul; the other for your freedom.

  2. #2
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    So how was your walk through flint?
    AL
    Proverbs 25:28 - A man without self control is like a city broken into and left without walls.

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    My walk through Flint ended with no encounters, a couple weird looks, but its difficult to walk through Flint without violating any of the laws, they have a U of M college campus and it borders the area that I walked through, so I had to be sure I didnt hit any of their property, and had to make sure I stayed far enough away to be sure I didnt break the Gun free zone ordinance.
    No LEO encounters although I did walk pretty much right by one, all he did was look and go about his buisness as I went on about mine.
    Only two defining forces have ever offered to die for you, Jesus Christ and the American Soldier....One died for your soul; the other for your freedom.

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    Quote Originally Posted by Itstjs View Post
    My walk through Flint ended with no encounters, a couple weird looks, but its difficult to walk through Flint without violating any of the laws, they have a U of M college campus and it borders the area that I walked through, so I had to be sure I didnt hit any of their property, and had to make sure I stayed far enough away to be sure I didnt break the Gun free zone ordinance.
    No LEO encounters although I did walk pretty much right by one, all he did was look and go about his buisness as I went on about mine.
    You know if you have a "VALID" CPL you don't have to worry about walking outside the streets of U of M!

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    But Flint resident AC Dumas, former president of the local NAACP, said allowing people to open carry is dangerous. He also said people should be required to get a permit to open carry.

    “If you want to carry your gun, go and get your gun permit,” he said.

    So if we want to walk on a public street do we need a permit for that as well?

    But some City Council members fear that changing the local ordinance would result in more armed people on the street.

    Changing an illegal law to one that is legal was the issue not hor many armed people are on the street. Like the new polls say 1 in 25 adults in MI have a CPL

    Councilwoman Jackie Poplar tonight voted against moving forward with the change.
    "I don't care what the state wants us to do on this, I still feel it's wrong. People don't understand it," Poplar said. "It's just opening a can of worms."

    So it is wrong to change a local law that conflicts with state law? Sounds like she is not taking to her elected job correctly and should be removed from office. It's plain as day that they cannot enforce the local ordinance.

    Councilman Sheldon Neeley voted to move forward on changing the law, but said he wants the city to look into requiring people who open carry in Flint to take a class.
    "We need to educate the public if this is going to be part of our environment," he said. "I'm not a gun hater. I'm not a gun advocate.
    Neeley
    "But I am going to reaffirm my discomfort with people openly carrying firearms in the city of Flint."

    So leo's should not carry either according to his comment?

  6. #6
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    EMT232004 I agree with your statements. Local laws can not superceed any state or federal law. I love how everyone lives under the assumption that just becasue someone is armed, their immediatly dangerous, or are a BG
    Only two defining forces have ever offered to die for you, Jesus Christ and the American Soldier....One died for your soul; the other for your freedom.

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    Quote Originally Posted by Itstjs View Post
    EMT232004 I agree with your statements. Local laws can not superceed any state or federal law. I love how everyone lives under the assumption that just becasue someone is armed, their immediatly dangerous, or are a BG
    Actually, local laws can be more strict than federal laws, but Michigan has Pre-Emption which means local laws cannot be more strict on firearms than state laws.
    Big Gay Al: Big Gay Al's Big Gay (Gun) Blog
    An unarmed person speaking of the benefits of gun control is like a
    eunuch speaking about the benefits of sexual abstinence.

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    Quote Originally Posted by Big Gay Al View Post
    Actually, local laws can be more strict than federal laws, but Michigan has Pre-Emption which means local laws cannot be more strict on firearms than state laws.
    We are talking about the same thing. Preemption is what I was referring towards


  9. #9
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    Quote Originally Posted by emt232004 View Post
    We are talking about the same thing. Preemption is what I was referring towards

    Ok, but as far as I know, there is no federal preemption law, so, if a local gov't unit made a law stronger than federal, yet the same or weaker than state, it would stand.
    Big Gay Al: Big Gay Al's Big Gay (Gun) Blog
    An unarmed person speaking of the benefits of gun control is like a
    eunuch speaking about the benefits of sexual abstinence.

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