Charges to be dropped in Coast Guard Fest gun case

Wed, Aug 27, 2008    to del.icio.us

Grand Haven is dismissing charges against a man accused of carrying a gun downtown during this summer's Coast Guard Festival.

The 21-year-old Freeport man was arrested under a city ordinance that prohibits possessing and carrying firearms and dangerous weapons in public — but it appears that ordinance is unenforceable under Michigan law, said Capt. Rick Yonker of the Grand Haven Department of Public Safety.

"In most cases, a city ordinance can be more restrictive than state law," Yonker said. "But in this case, that does not apply."

It appears state statute regarding openly carrying firearms pre-empts local ordinances, he said. The charges will be dismissed without prejudice and arrangements are being made for the man to get his gun back, Yonker said.

The decision to drop the charge came after research of case law by the city's attorney suggested the ordinance would not hold up in court, Yonker said.

The officers acted in good faith and were enforcing the ordinance, Yonker said, but the city decided not to continue with the case.

"We found it was in the best interest of the city to dismiss this case," he said.