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.