Gun Advocate: Detroit Lacks Authority To Ban Handguns At Hart Plaza Fireworks Show

DETROIT - June 23, 2013 - PRLog -- Rick Ector, a local gun rights advocate, seeks to clarify a clumsily worded statement issued by the city of Detroit which suggested that lawfully carried handguns will be banned at the Hart Plaza Fireworks Show on Monday, June 24th, 2013. In a published release, the city of Detroit stated, "No alcohol, pets, or contraband (weapons, knives, etc.) will be allowed."

Ector believes that the city's usage of the term "weapon" without clarifying that lawfully possessed handguns would still be allowed will mislead many members of the public to believe that they can't bring their handguns to the show.

He stated, "I have been receiving a lot of contact requests from residents as to whether the stated weapons ban included handguns. My official response to them has been that Hart Plaza is not a gun free zone, as defined by state law. Also, the city of Detroit lacks authority, per state law, to create their own gun laws."

Ector further explained why the city of Detroit can't ban firearms in a post on his blog named "Legally Armed In Detroit." In the aforementioned post he posted the following:

"MCL 123.1102 states, '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.' As such, the city of Detroit has no legal basis for enacting a firearms ban or an ammunition ban. Any such attempt to enforce this ban is unenforceable. Moreover, the other issue that needs to be examined is whether Hart Plaza is a concealed carry pistol free zone as defined in MCL 28.425o. When "Shall Issue" was enacted many people wondered whether Hart Plaza fit the definition of an entertainment facility that seats 2,500 or more people. Attorney General Jennifer Granholm addressed this matter in Opinion #7120 where she ruled that Hart Plaza was "more like a municipal park than an entertainment facility." As such, Hart Plaza is not a conceal carry pistol free zone and the city of Detroit lacks authority to ban handguns there during the fireworks."

Furthermore, Ector is inviting anyone who is ticketed and/or arrested for lawfully carrying a firearm at the fireworks show to contact him at "Legally Armed In Detroit." He will provide a referral to a qualified gun rights attorney who may be able to help citizens seek relief via the courts if their rights have been violated.