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Gunreference1
08-12-2010, 04:29 AM
Marysville changes firearms ordinance

June open-carry confrontation triggers second look at policy

By LIZ SHEPARD
Times Herald
• August 11, 2010

Marysville ordinance banning firearms from parks has gone against state law for more than 20 years.

However, that ordinance has been amended since city officials were educated about Michigan's open-carry law by two men flexing their rights at Marysville Days in June.

The ordinance previously barred any person from carrying firearms, bows and arrows, BB guns, slingshots or air rifles within any public park without special permission. It also said police officers on duty were exempt from the ordinance.

The City Council voted Monday to remove the word "firearms" from the ordinance, as well as the line about police officers being exempt.

City Manager Jack Schumacher said the city attorney reviewed the municipality's ordinances after it was found that the two men -- Rob Harris and Scott Webb -- had the right to carry holstered firearms in the city park.

A recording of the confrontation between the two men and the police officer, Assistant Chief Ron Buckmaster, shows police threatened to arrest them if they didn't leave.

After the incident, the men and other open-carry advocates had a picnic at the park to educate the public and exercise their right to carry firearms.

Mayor Pro-Tem Joseph Johns cast the only vote against the language change.

He said the chain of events stemming from the Marysville Days confrontation has been "frustrating."

"I think it's absolutely unnecessary for me or anyone else to carry a gun. ... In today's world, this is just a no-no," Johns said.

Johns believes the confrontation with Buckmaster was a publicity stunt.

"I think they did it for the publicity they got," he said. "Who would walk around with a tape recorder in their pocket and walk up to the assistant police chief and make comments about it?"

Harris, 37, of Eastpointe said the incident wasn't a publicity stunt but he was glad to learn the incident had resulted in the city changing its ordinance.

"I'm glad our interaction in Marysville did bring about change that was necessary," he said.

Harris said their goal has been to educate and desensitize the public. He said they did not approach Buckmaster or initiate confrontation.

Harris and Webb filed a complaint about the confrontation with the Michigan Attorney General's office. Joy Yearout, a spokeswoman for the attorney general, said the complaint remains under review.

Harris and Webb are members of Michigan Open Carry Inc. Harris said they have been working to bring the issue of open-carry to the public.

A contract clause banning guns at Royal Oak's Arts, Beats & Eats festival -- planned for the coming Labor Day weekend -- has drawn criticism from gun advocates who want to have it amended.

Police Chief Chris Jahnke said the contract between festival planners and the city prohibits weapons at the event.

However, open-carry proponents told the Royal Oak City Commission on Monday night state law and the Second Amendment allow a person who is licensed to carry a holstered firearm openly. They want the contract amended before the event begins.

Arts, Beats & Eats producer Jon Witz said festival officials were open to contract revisions. Witz was the producer of Port Huron's Blue Water Fest in July.

http://www.thetimesherald.com/article/20100811/NEWS01/8110303

Steve

Partisan1983
08-12-2010, 08:37 AM
Interesting.....

NextGen
08-12-2010, 02:01 PM
Interesting.....

Where is Marysville?

00RedZX-6R
08-12-2010, 02:09 PM
Where is Marysville?

On the St.Clair River between Port Huron and St. Clair Michigan.

I read this article and previous articles about how they harrased these guys. That is my local newspaper.

Gunreference1
08-12-2010, 08:22 PM
Where is Marysville?

http://maps.google.com/maps?hl=en&q=marysville,+mi&ie=UTF8&hq=&hnear=Marysville,+St+Clair,+Michigan&gl=us&ei=9p1kTP7eKYqnnAfdyewD&ved=0CBoQ8gEwAA&ll=42.912435,-82.486382&spn=0.181294,0.307961&z=12

Steve

Gunreference1
08-16-2010, 07:10 AM
Gun-rights group wins firearms ban challenge

City attorney recommends festival agreement change

By Steve Kowalski • ECCENTRIC STAFF WRITER • August 15, 2010

ROYAL OAK — Authorities cannot prevent licensed owners of concealed and open-carry guns from bringing their weapons in with them to the Ford Arts, Beats & Eats presented by Citizens Bank, Sept. 3-6, according to state law.

Royal Oak City Attorney Dave Gillam said Friday he recommended to the city commission an amendment to a contract with Arts, Beats & Eats, Inc. to delete the statement “no firearms permitted on the festival premises.” The City Commission may vote on the recommendation following a discussion at the Monday, Aug. 16 public meeting, Gillam said.

The statement was in conflict with Michigan Compiled Law 123. 1102, which states that a “local unit of government” shall not regulate possession of firearms.

Robert Harris, deputy coordinator of Michigan Open Carry, said he plans on having his gun and holster at his side when he comes with his family to the festival. Members of the gun rights group have spoken during public comment at the last three Royal Oak City Commission meetings, expressing concern that the gun prohibition was unlawful.

“I'll probably have some of my friends with me, and they'll probably be carrying firearms,” Harris said. “I doubt I'll be the only one carrying.”

Harris called the admission by the city a “victory for all gun owners and Second Amendment supporters.”

Many residents speaking during public comment and through various news outlets have expressed concern that guns will be allowed into an event that also incudes the sale of alcohol and the presence of children.

“My question is ‘How does alcohol belong at a family event?'” Harris said. “I'd feel safer with a responsible gun owner than an irresponsible drunk next to me.

“We live in a free country and we're all able to make decisions where we go. If someone doesn't feel comfortable about being around people with firearms they can choose to not be there.”

MAYOR'S THOUGHTS

Mayor Jim Ellison said the removal of the gun prohibition doesn't raise concerns over attendees' safety.

“People can be assured, no matter what resolution is decided, they are going to be safe,” Ellison said.

Gillam said a change in the state law is the only way festival organizers could prevent licensed gun owners from bringing their weapon in with them.

“I don't know if there is time for any emergency state law,” Gillam said. “I assume the state could pull something together on an emergency basis if it needed to but I don't know for sure.”

Jon Witz, executive director for each of the 13 years of the AB&E, said the festival will maintain high safety standards and remain within the law under an amended contract.

“The law is vague and the festival agrees with the city that there would be a violation of law as well as added controversy (to prohibit firearms),” Witz said. “People have the right to walk down the streets of anywhere in Michigan with a holstered sidearm in open view and the percentage of people who do that are a very small percentage of the community. I think you are as likely to see someone carrying a weapon in Arts, Beats & Eats as you are walking in a state park or walking down the street. I'm confident our event will continue to be a safe event. We have a great security plan with the City of Royal Oak Police and a private security firm.”

Michigan Open Carry members also contended their gun rights at the festival were covered on a concealed weapons basis from a legal opinion, given in 2002, by then-Attorney General Jennifer Granholm, currently serving her second four-year term as governor, and a provision in the Michigan Liquor Control Act.

Harris said he came to that conclusion reading the festival contract through a Freedom of Information request.

“This festival is in ‘my back yard,'” said Harris, an Eastpointe resident. “I was curious whether or not there was going to be a firearm policy. Our group's mission is to educate citizens and municipalities of firearm laws. I came across an ‘illegal' clause and I took on this fight.”

Granholm's eight-year-old legal opinion stated that entertainment facilities with seating capacities of 2,500 or more within outdoor recreation areas are gun-free zones. An outdoor recreation area, in itself, is not an entertainment facility and thus not a gun-free zone, her opinion stated. The AB&E festival grounds does not include an entertainment facility with at least 2,500 seating capacity.

Michigan Open Carry members say the city also cannot prohibit attendees from carrying concealed weapons because several city commissioners stated July 12 that the majority of the revenue from the AB&E festival is from parking. According to the Michigan Liquor Control Act, a bar or tavern may prohibit concealed weapons only if the primary source of income is alcohol.

COUNTY EXEC'S VIEW

Oakland County Executive L. Brooks Patterson, a former Oakland County prosecutor who acknowledged the group's findings of legal loopholes, hopes members do not follow through in the promise to carry open or concealed weapons.

“On a strictly legal basis, (the Michigan Open Carry group) probably has a right,” said Patterson, following a Wednesday press conference at Mark Ridley Comedy Castle, where the AB&E music lineup was announced. “But we're trying to have common sense prevail. Why do you want to carry a weapon inside? You proved your point, now leave the guns down and come in and enjoy the festival.”

During a lighter moment an hour earlier, Patterson said Guns ‘n Roses was the headliner band for Arts, Beats & Eats, which he quickly identified as a joke, to laughter.

Royal Oak Police Deputy Chief Corrigan O'Donohue concurred with Witz that the interior and exterior of the festival grounds will be staffed by plenty of police officers and private security.

“The goal is to make sure (the festival) is a fun and safe event for everyone,” O'Donohue said. “(Royal Oak police) are confident we have the staffing plans to make sure that's the case.”

skowalsk@hometownlife.com | (313) 222-2047

http://www.hometownlife.com/article/20100815/NEWS20/8150374

Steve