City had no choice on gun issue

Thu, Aug 28, 2008    to del.icio.us

It's understandable as to why the city of Grand Haven backed down and dismissed charges against a man accused of carrying a weapon during this summer's Coast Guard Festival.

City officials discovered that Grand Haven's ordinance that prohibits possessing and carrying firearms in public is unenforceable.

A 21-year-old Freeport man was accused of carrying a gun during the Coast Guard Festival.

The charges will be dismissed without prejudice and arrangements are being made for the man to get his gun back, according to Grand Haven Department of Public Safety Capt. Rich Yonker.

Grand Haven officials were made aware that the state statute regarding openly carrying firearms pre-empts local ordinances.

A group that monitors conflicts between local and the state law alerted Grand Haven officials of the possible violation.

Yonker told the Tribune that the decision to drop the charges came after research of case law by the city's attorney.

That brings up the question as to how the local ordinance got passed in the first place, or stayed on the books, if there were questions about its legality. Will the ordinance now be repealed?

As far as the man being within his rights to carry a weapon downtown during the Coast Guard Festival, it raises questions as to why anyone would need to carry a weapon during a family orientated festival.

The law states that a man or woman can't carry a concealed weapon in a school zone, be under the influence or be drinking while carrying a firearm.

We see why the city had no recourse but to drop the charges. Still, it is worrisome that a person can walk on our downtown streets with a gun.

Those who advocate carrying guns can complain all they want, but that doesn't defuse the potential for a tragedy.