E
ezkl2230
Guest
A customer called today who is interested in OC'ing in Grand Rapids. Before calling us, he first called the Grand Rapids Police and asked them about the legality of doing so. At first, he was told flat-out that Grand Rapids firearms ordinance prohibits open carry of a firearm. A sergeant corrected the officer, telling him that there were exceptions to that ordinance, but if they wanted to carry openly in Grand Rapids, then they had better have a good attorney available if the GRPD ever caught them doing it.
This is the same ordinance that MOC tried to get the city council to remove from the books because Michigan is a pre-emption state; state law overrules local ordinances. Here is what the ordinance says:
Michigan law permits open carry in all places except courts, private property enforcing its own carry prohibition, one's vehicle, and the legally designated gun free zones without a permit. With a CPL, one can legally openly carry everywhere except courts or on private property enforcing its own carry prohibition.
Heartwell has said that he has no interest in removing these laws from Grand Rapids city ordinances, and favors expanding the areas in which one may not carry openly to all city meetings/buildings, churches, schools, etc.
In giving the advice it provided, the GRPD is evidently following instructions from the mayor to enforce the city ordinance in spite of Michigan state law. Heartwell has been unsuccessful in getting open carry eliminated, so it appears that he is now pushing for a court challenge to the law in the hope of getting state law overturned. This has never been done successfully, even though the cities of Lansing, Dearborn, and Grand Haven have all tried, but it is evidently not stopping Heartwell from trying. If he is successful in getting a court case, as a card-carrying member of MAIG, Bloomberg will no doubt front all the cash Heartwell needs to mount a court battle.
This is the same ordinance that MOC tried to get the city council to remove from the books because Michigan is a pre-emption state; state law overrules local ordinances. Here is what the ordinance says:
Sec. 9.172. Discharging or Flourishing.
No person shall discharge any firearm in the City of Grand Rapids, and no person shall draw, handle or flourish any firearm in any public street, alley or other place open to the public in the City of Grand Rapids.
(Ord. No. 67-11, 4-25-67)
Sec. 9.173. Carrying.
No person shall carry any firearm upon his or her person in any public street, alley or other placeopen to the public in the City of Grand Rapids unless:
(1) The person has been issued a valid license to do so as provided by Act 372 of MichiganPublic Acts of 1927, as amended (MCL 28.421 et seq.), or
(2) All ammunition has been removed from the chamber, cylinder, clip or magazine of the firearm and the firearm has been noticeably rendered inoperable by being broken down or disassembled or is completely enclosed within a case or other similar container.
Sec. 9.174. Carrying for Purposes of Repair or Merchandising.
No person shall carry any firearm upon his or her person in any building or other structure open to the public unless:
(1) The person has been issued a valid license to do so as provided by Act 372 of the MichiganPublic Acts of 1927, as amended (MCL 28.421 et seq.), or
(2)The firearm is being shown or otherwise handled in the regular course of merchandising, or is being carried from the building immediately after purchase of said firearm within the building,or the firearm is carried into the building for repair of said firearm.
Sec. 9.175. Exceptions.
The prohibitions in Sections 9.172, 9.173 and 9.174 hereof do not apply:
(1) To persons acting in the lawful defense of person, property or family.
(2) To police officers or other officers of the law in the lawful discharge of their duty.
(3) To authorized military parades by permission of the Director of Public Safety.
(4) To indoor enclosed firearm ranges so constructed as to prevent damage to property or injury or death to any person where such firearm ranges are otherwise lawful; provided, however, that the discharge of a bow and arrow is permitted upon unenclosed ranges where such ranges are constructed so as to prevent damage to property or injury or death to any person.
(5) Reserved.
Michigan law permits open carry in all places except courts, private property enforcing its own carry prohibition, one's vehicle, and the legally designated gun free zones without a permit. With a CPL, one can legally openly carry everywhere except courts or on private property enforcing its own carry prohibition.
Heartwell has said that he has no interest in removing these laws from Grand Rapids city ordinances, and favors expanding the areas in which one may not carry openly to all city meetings/buildings, churches, schools, etc.
In giving the advice it provided, the GRPD is evidently following instructions from the mayor to enforce the city ordinance in spite of Michigan state law. Heartwell has been unsuccessful in getting open carry eliminated, so it appears that he is now pushing for a court challenge to the law in the hope of getting state law overturned. This has never been done successfully, even though the cities of Lansing, Dearborn, and Grand Haven have all tried, but it is evidently not stopping Heartwell from trying. If he is successful in getting a court case, as a card-carrying member of MAIG, Bloomberg will no doubt front all the cash Heartwell needs to mount a court battle.