Unlawful Ordinance

“Ordinance” as in a Municipal decree.  The decree of Alpena’s government that “Ordnance” shall not be ordinary upon city property.

Sec. 54-2. Disorderly Conduct

(a) The following acts shall constitute disorderly conduct, and no person shall:

(6) Go armed with or have concealed upon his person, a dirk, dagger, sword, pistol, air gun, stiletto, metallic knuckles, pocket billie, sand bag, skull cracker, slingshot, razor or other offensive and dangerous weapon or instrument, unless such person is a police officer or night watchman, and is legitimately employed as such.

(b) As used in subsection (a) of this section, the term “public place” shall mean any street, alley, park, public building, or any place of business or assembly open to or frequented by the public.

It is considered “disorderly” to violate this decree.  ..but there is one little hitch… Michigan has already “preemptively” ruled on this.

FIREARMS AND AMMUNITION (EXCERPT)
Act 319 of 1990

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.

This type of ordinance has been tested before and lost because of its non-enforceability, resulting in the dissolution of the ordinance.  An attempt to enforce this ordinance could result in severe penalties and great cost to a community which tries it.  Currently, There is an open carry supporter in Alpena who will be fighting  this Ordinance of ORDNANCE who writes:

I am alone here on this issue in Alpena. I have only been here 3 years and don’t really know anyone. I do not have a problem confronting this issue alone, but thought of you and your impeccable conservative stance and wish to extend an invitation to attend with me on Dec 7th, 2009…next Monday, at 7pm at city hall across from save-a-lot. Any citizen has 5 minutes to speak at the beginning of council proceedings. I am having my dissertation video taped. It will be posted on my Youtube account.

I am an NRA Certified Instructor, fmr Police Officer, fmr Hostage Rescue Instructor, fmr Dignitary Protection Specialist, and ARMY 11B veteran. It is clear, and have heard the same from the police chief, that it is surely legal for me to lawfully carry in public, a registered handgun in a holster. It MUST be in the open since I do not have, and cannot afford the high cost of a CPL. I have been open carrying for some time now without issue, and have had no run ins with LEO’s. The Chief explained to me in a cordial manner that he has trained his officers to respect my lawful open carry decision. However, the unlawful ordinance remains. It must go…to protect our 4th Amendment rights of unreasonable searches and seizures.
Blessings,
Thomas Matos

If you want to have your voice heard on this subject, and remind the Alpena powers-that-be of the Michigan law prohibiting such measures, please feel free to join Thomas as he makes his case. He is quite right in that we must do all that we can to protect our rights, and these types of local rules can lead to unfortunate 4th amendment violations.

If you are interested in Michigan Open Carry laws, you might find THIS SITE interesting..

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