New Lothrop ord. no. 110 posted 6-13-10 in Tri County Citizen legal notices

[JoeCar]

The village of New Lothrop ordains: Sec. 1. Unlawfully carrying a weapon. A person Commits the crime of unlawfully carrying a weapon if he knowingly: a. Carries a knife concealed on or about his person; or b. Carries a pistol concealed on or about his person; or c. Carries a knife or pistol whether concealed or not in a vehicle that he is operating or occupying. d. This Section does not apply to: 1. people who carry at home/business; 2. A person meeting the requirements of Sec 12/12a of Act No. 372 of the Public Acts of 1927, as amended, being Sec. 28.432, and 28.432a of the Compiled Laws of 1948.  Plus there is a lot more on this notice. My friend passed this on to me. He subscribes to this paper. JoeCar

[autosurgeon]

The village of New Lothrop ordains: Sec. 1. Unlawfully carrying a weapon. A person Commits the crime of unlawfully carrying a weapon if he knowingly: a. Carries a knife concealed on or about his person;(knife they can enforce) or b. Carries a pistol concealed on or about his person; or c. Carries a knife or pistol whether concealed or not in a vehicle that he is operating or occupying. d. This Section does not apply to: 1. people who carry at home/business; 2. A person meeting the requirements of Sec 12/12a of Act No. 372 of the Public Acts of 1927, as amended, being Sec. 28.432, and 28.432a of the Compiled Laws of 1948.  Plus there is a lot more on this notice. My friend passed this on to me. He subscribes to this paper. JoeCar

The part highlighted in green they have no jurisdiction over as preemption applies! Is this a new ordinance??

[JoeCar]

yes, this is a new ordinance, adopted 6-9-10. I think that the sections mentioned (Public Acts of 1927) need to be read to see what they are talking about.

[autosurgeon]

Doesn't matter as they have no power to make this type(in relation to the carry of firearms) of ordinance or enforce it.

And be advised no one is getting wound up as you put it   I am however growing tired of these people not having competent attorneys check their ordinances before they adopt them.

Below is the MCL that restricts what they can and cannot enforce. This is known as the preemption law.

http://www.legislature.mi.gov/(S(v3c0zn45a1r45xyalyk0i155))/mileg.aspx?page=getObject&objectName=mcl-Act-319-of-1990


123.1101 Definitions.
Sec. 1.

As used in this act:

(a) “Local unit of government” means a city, village, township, or county.

(b) “Pistol” means that term as defined in section 222 of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being section 750.222 of the Michigan Compiled Laws.


History: 1990, Act 319, Eff. Mar. 28, 1991


© 2009 Legislative Council, State of Michigan


123.1102 Regulation of pistols or other firearms.
Sec. 2.

A local unit of government shall not impose special taxation on, enact or enforce any ordinance or regulation pertaining to, or regulate in any other manner the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms, except as otherwise provided by federal law or a law of this state.


History: 1990, Act 319, Eff. Mar. 28, 1991


© 2009 Legislative Council, State of Michigan


123.1103 Permissible prohibitions or regulation.
Sec. 3.

This act does not prohibit a local unit of government from doing either of the following:

(a) Prohibiting or regulating conduct with a pistol or other firearm that is a criminal offense under state law.

(b) Prohibiting or regulating the transportation, carrying, or possession of pistols and other firearms by employees of that local unit of government in the course of their employment with that local unit of government.


History: 1990, Act 319, Eff. Mar. 28, 1991


© 2009 Legislative Council, State of Michigan


123.1104 Prohibiting discharge of pistol or other firearm.
Sec. 4.

This act does not prohibit a city or a charter township from prohibiting the discharge of a pistol or other firearm within the jurisdiction of that city or charter township.


History: 1990, Act 319, Eff. Mar. 28, 1991


© 2009 Legislative Council, State of Michigan


123.1105 Conditional effective date.
Sec. 5.

This act shall not take effect unless all of the following bills of the 85th Legislature are enacted into law:

(a) House Bill No. 6009.

(b) House Bill No. 6010.


History: 1990, Act 319, Eff. Mar. 28, 1991
Compiler's Notes: House Bill No. 6009, referred to in this section, was filed with the Secretary of State December 20, 1990, and became P.A. 1990, No. 320, Eff. Mar. 28, 1991.House Bill No. 6010, also referred to in this section, was filed with the Secretary of State December 20, 1990, and became P.A. 1990, No. 321, Eff. Mar. 28, 1991.


© 2009 Legislative Council, State of Michigan

[JoeCar]

thanks, reading the preemption law does clear it up in my mind. 

[autosurgeon]

thanks, reading the preemption law does clear it up in my mind. 

Now comes the fun part getting them to change or remove there new unenforceable ordinance

[emt805]

thanks, reading the preemption law does clear it up in my mind. 

Now comes the fun part getting them to change or remove there new unenforceable ordinance

Think they would get the hint if we all mailed them a copy of the preemption law? Has anyone heard if the local leo's have been told to enforce this or do they even know about it?

[sevenplusone]

thanks, reading the preemption law does clear it up in my mind. 

Now comes the fun part getting them to change or remove there new unenforceable ordinance

Think they would get the hint if we all mailed them a copy of the preemption law? Has anyone heard if the local leo's have been told to enforce this or do they even know about it?

They may try, but it will just lead to an illegal arrest (never a good mark on an LEO's career or dept).

[xd-40]

28.432
28.432 Inapplicability of MCL 28.422; citation as “Janet Kukuk act”.

Sec. 12.

(1) Section 2 does not apply to any of the following:

(a) A police or correctional agency of the United States or of this state or any subdivision of this state.

(b) The United States army, air force, navy, or marine corps.

(c) An organization authorized by law to purchase or receive weapons from the United States or from this state.

(d) The national guard, armed forces reserves, or other duly authorized military organization.

(e) A member of an entity or organization described in subdivisions (a) through (d) for a pistol while engaged in the course of his or her duties with that entity or while going to or returning from those duties.

(f) A United States citizen holding a license to carry a pistol concealed upon his or her person issued by another state.

(g) The regular and ordinary transportation of a pistol as merchandise by an authorized agent of a person licensed to manufacture firearms or a licensed dealer.

(h) Purchasing, owning, carrying, possessing, using, or transporting an antique firearm. As used in this subdivision, "antique firearm" means that term as defined in section 231a of the Michigan penal code, 1931 PA 328, MCL 750.231a.

(i) An individual carrying, possessing, using, or transporting a pistol belonging to another individual, if the other individual's possession of the pistol is authorized by law and the individual carrying, possessing, using, or transporting the pistol has obtained a license under section 5b to carry a concealed pistol or is exempt from licensure as provided in section 12a.

(2) The amendatory act that added subsection (1)(h) shall be known and may be cited as the "Janet Kukuk act".

28.432a
28.432a Persons to whom requirements inapplicable; "local corrections officer" defined.

Sec. 12a.

(1) The requirements of this act for obtaining a license to carry a concealed pistol do not apply to any of the following:

(a) A peace officer of a duly authorized police agency of the United States or of this state or a political subdivision of this state, who is regularly employed and paid by the United States or this state or a subdivision of this state, except a township constable.

(b) A constable who is trained and certified under the commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.616, while engaged in his or her official duties or going to or coming from his or her official duties, and who is regularly employed and paid by a political subdivision of this state.

(c) A person regularly employed by the department of corrections and authorized in writing by the director of the department of corrections to carry a concealed pistol during the performance of his or her duties or while going to or returning from his or her duties.

(d) A person regularly employed as a local corrections officer by a county sheriff, who is trained in the use of force and is authorized in writing by the county sheriff to carry a concealed pistol during the performance of his or her duties.

(e) A person regularly employed in a city jail or lockup who has custody of persons detained or incarcerated in the jail or lockup, is trained in the use of force, and is authorized in writing by the chief of police or the county sheriff to carry a concealed pistol during the performance of his or her duties.

(f) A member of the United States army, air force, navy, or marine corps while carrying a concealed pistol in the line of duty.

(g) A member of the national guard, armed forces reserves, or other duly authorized military organization while on duty or drill or while going to or returning from his or her place of assembly or practice or while carrying a concealed pistol for purposes of that military organization.

(h) A resident of another state who is licensed by that state to carry a concealed pistol.

(i) The regular and ordinary transportation of a pistol as merchandise by an authorized agent of a person licensed to manufacture firearms.

(j) A person while carrying a pistol unloaded in a wrapper or container in the trunk of his or her vehicle or, if the vehicle does not have a trunk, from transporting that pistol unloaded in a locked compartment or container that is separated from the ammunition for that pistol from the place of purchase to his or her home or place of business or to a place of repair or back to his or her home or place of business, or in moving goods from 1 place of abode or business to another place of abode or business.

(k) A peace officer or law enforcement officer from Canada.

(2) As used in this act, "local corrections officer" means that term as defined in section 2 of the local corrections officers training act, 2003 PA 125, MCL 791.532.




so, they say no concealed carry, unless you have a CPL, or are exempt from CPL
no concealed knives (not preempted)
can't do anything but vote about the knife restrictions, and the firearm restrictions posted here?   looks to me like they're prohibiting conduct with a pistol that's a criminal offense under state law.

I know it sucks, and as far as I'm concerned ANY laws/rules/regulations on any arms are a Constitutional violation.
but cmon guys, before we complain about THEM not researching their stuff, mebbe, just mebbe, we should check into the MCL's before WE start spouting?

they have placed no new firearms restrictions (contained in this posting), and have not, in my NON lawyerly opinion, violated preemption. let's stop chasing shadows, and go after the LUG's that ARE violating preemption directly (like Grand Rapids for example)
123.1103 Permissible prohibitions or regulation.
Sec. 3.

This act does not prohibit a local unit of government from doing either of the following:

(a) Prohibiting or regulating conduct with a pistol or other firearm that is a criminal offense under state law.

[Bronson]

redo due to weird formatting.

Bronson

[Bronson]

they say no concealed carry, unless you have a CPL, or are exempt from CPL

I read it differently.  I read it as a poorly written, and illegal, attempt to make it so only LEO can carry concealed in Lothrop.

Sec. 1. Unlawfully carrying a weapon.

A person Commits the crime of unlawfully carrying a weapon if he knowingly:

a. Carries a knife concealed on or about his person; or
b. Carries a pistol concealed on or about his person; or
c. Carries a knife or pistol whether concealed or not in a vehicle that he is operating or occupying.
d. This Section does not apply to: 1. people who carry at home/business; 2. A person meeting the requirements of Sec 12/12a of Act No. 372 of the Public Acts of 1927, as amended, being Sec. 28.432, and 28.432a of the Compiled Laws of 1948.

ARRRGGGH!  Ok, I can't make it NOT say that I'm quoting xd-40.  I'm not and I apologize to him for my lack of forum savvy which makes it look like I'm putting words into his mouth.

In the listed exmeptions we find that sec. 12 (28.432) known as the Janet Kukuk Act, which you quoted, only provides exceptions to the requirement that somebody in possession of a firearm get a License To Purchase/Possess said firearm and register the firearm they are possessing in their name.  12a (28.432a) exempts LEO, on duty military, and out of state residents with a concealed license from their own state from needing a Michigan CPL.

Nothing in the wording of the Lothrop law exempts residents of Michigan who are lawfully concealing with a MI CPL, therefore it is more restrictive than state law and is negated by pre-emption.

Just my opinion.

Bronson

[xd-40]

they say no concealed carry, unless you have a CPL, or are exempt from CPL

I read it differently.  I read it as a poorly written, and illegal, attempt to make it so only LEO can carry concealed in Lothrop.




formatting is probably going to be wierd,  but,  Bronson, I eat my words, I misread in haste, and apologize to all :-)

now, who's going to call them out?

[Bronson]

I misread in haste, and apologize to all :-)

Eh, it happens to us all.  Like the time I, mistakenly, thought MCL 28.422 said you could be denied a License to Purchase if you weren't registered to vote 

Bronson