In the Detroit Free Press: Gun advocates take aim at Arts, Beats & Eats
A contract clause banning guns at a popular Detroit-area summer arts festival has drawn fire from gun advocates aiming to have it amended.
Police Chief Chris Jahnke said the contract between Royal Oak's inaugural Arts, Beats & Eats festival and the city about 10 miles north-northwest of Detroit prohibits weapons at the event.
But open-carry proponents told the City Commission Monday night that state law and the Second Amendment allow a person who is licensed to carry a holstered firearm that's within plain sight. They want the contract amended before the Labor Day weekend event begins.
Organizer Jon Witz said festival officials were open to contract revisions.
Now in its 13th year, the festival was previously held in nearby Pontiac.
Unfortunately, the article is a stellar example of a lack of clarity. Who drafted the contract with the clause in it? The City of Royal Oak or AB&E Organizers?
The clause is unenforceable by Royal Oak Police as the festival is taking place on public streets and it is pretty clear that Michigan state law pre-empts a municpality from regulating firearms in such a manner.
MCL 123.1102 Regulation of pistols or other firearms.
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.
So that pretty much rules out such a ban at least as far as firearms go on the public streets of Royal Oak.
The second bit of strangeness in the article is the statement
But open-carry proponents told the City Commission Monday night that state law and the Second Amendment allow a person who is licensed to carry a holstered firearm that's within plain sight.There is no license required or indeed issued for someone to carry a pistol in plain sight as open carry, while not the smartest thing to do and a course of action not without its own leagl traps and pitfalls, is legal in Michigan with no permit required.
Of course, as soon as you step into a vehicle or cover the firearm in any way you then need a concealed pistol license.
In short, it doesn't look like this contract term could be legally enforced by Royal Oak Police on the public streets of Royal Oak.
However, it could be enforced by the organizers of the festival on private property such as if they were renting a restaurant or building for the events and posted a notice that carrying a weapon is prohibited in such a venue.
Then, it would be a violation of the property owners or organizers terms for entry onto the premises and would be a misdemeanor trespass and the police could certainly enforce a tresspass charge.
My bet - the contract gets amended as it is probably an outdated clause on a form and the parties will revise it to properly reflect Michigan law.
6 comments:
Actually, you are incorrect. A license to purchase (obtained from the police department where you live, or if there is no organized police department where you live, from the county sheriff) is required to buy, possess, transport, or carry any pistol in Michigan. (Under Michigan law, a pistol is any firearm 30 inches or less in length.) To carry a pistol concealed or in a vehicle, you need a concealed pistol license from the county concealed weapons licensing board.
The information contained here describes the issue in terms of MI Firearms Preemption, further Entertainment Facility definition (MI Attorney General Opinion # 7120), and CPL Holder Open Carry in a Pistol-Free Zone (MI Attorney General Opinion # 7113). In regards to Concealed Pistol Possession per MCL 28.425o, Public Streets cannot be construed to be a bar or tavern licensed under the Michigan liquor control code. In regards to Firearm Possession per MCL 750.234d, Public Streets cannot be construed to be an establishment licensed under the Michigan liquor control act. The Special Events Use Permit granted cannot be construed to grant Private Property Rights to Public Streets, allowing usurpation of the Fundamental Right of Self-Defense as delineated by Michigan Constitution Article 1, Section 6.
Making the entire festival grounds a place where alcoholic beverages are consumed, which includes Residences and Businesses. Per MCL 750.141 (attached), minors under the age of 17 cannot enter in or remain on the ABE Festival Grounds without being accompanied by parent or guardian due to making the entire festival grounds a place where alcoholic beverages are consumed. The operator of the festival grounds, ABE Inc., would be guilty of a misdemeanor for each minor under the age of 17, without being accompanied by parent or guardian, entering the festival grounds, are found within the festival grounds, or are traveling to or from any residence or any business for any lawful purpose within the festival grounds. This, in effect, makes the ABE Festival an adult-only event and venue.
I am concerned that the Royal Oak Special Events Ordinance 312 (attached) may have been possibly violated during the making and performance of the ABE Contract, possibly resulting in criminal penalties. The specific provisions are under 312-7 and are the following:
C. The special event will not unreasonably affect the use or enjoyment of private or public property and will not cause unreasonable traffic hazards or delays.
F. The special event will not adversely impact or unreasonably affect the use or enjoyment of the private property in the vicinity of the event.
In my opinion, I believe 312-7 Provisions C and F are possibly violated by the ABE Contract Section 3, Item q statement of "No Firearms" on the festival grounds, which are comprised of Public and Private Property to which firearm owners may possess them on, travel to, and have use of these properties. Additionally, I believe 312-7 Provisions C and F are possibly violated by the ABE Contract creating the entire festival grounds as a place where alcohol may be consumed, which could result in the rights of minors under the age of 17 being infringed upon being able to travel to or from any residence or any business for any lawful purpose within the festival grounds. These provisions possibly being violated could result in criminal prosecution under 312-8, which someone should investigate to ensure a crime has not, is not, or will not be committed.
Although I respect your position and arguments made in relation to firearm possession within ABE Festival Grounds, the rule of law and rights of persons must prevail.
Anonymous 1 - That's not a license to openly carry, that's a "safety inspection"/registration of the pistol itself, which is why you don't need to carry the old green card with your pistol. Its a license to carry only in that the pistol is registered and "carryable" for want of a better word.
Anonymous 2 - Not to sure what you're saying there or if your arguing with or agreeing with me. I think you're agreeing with me that the contractual restrictions will not hold up but I can't quite tell.
Actually Aaron, there is no longer any "safety inspection" under Michigan law. That requirement was eliminated in 2008. But to even possess a pistol in Michigan you must have either a concealed pistol license obtained from the county concealed weapons licensing board or a license to purchase obtained from either your local police department or your county sheriff, depending on where you live. Whether you like it or not, that is a LICENSE, not safety inspection or registration. You don't necessarily have to carry it around with you (except for during the first 30 days or so after you get your pistol), but you must have the license to legally possess the pistol.
Yes, there is no green card, but the license is for purchasing or possessing the pistol itself. You can't carry a pistol that isn't so registered.
As you note, there is no need to carry any carry license on your person to openly carry as there is no open carry license.
The charge for failing to register a pistol would be possession of an unregistered pistol, not open carrying without a license. Perhaps a distinction without a difference, but important all the same.
Someone who is open carrying can also be charged with the misdemeanor crime of brandishing a firearm in public (unless the person is a member of law enforcement, at a target range, hunting, or buying or selling at the time). Open carry fanatics have convinced a lot of people (who don't do their homework very well, apparently) that open carry is legal in Michigan but that is far from being settled as a matter of law.
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