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Thread: Mecosta County Parks OC?

  1. #1
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    Mecosta County Parks OC?

    Greetings,

    First post as a new member. I was wondering if anyone has had any dealings with carrying (open or concealed) in Mecosta County Parks (Brower Park, etc...). We camp there every year and I read on their postings in the office that firearms are prohibited.

    Their posted rules (as amended in January 2012 link to full listing: http://www.mecostacountyparks.com/20...and%20Regs.pdf) state:

    Section 23: FIREARMS

    No Person Shall:
    Sec.23.a Have in possession a firearm or bow unless properly licensed and only during the
    appropriate hunting season.

    Sec.23.b Carry or have in possession a firearm unless unloaded in both barrel and
    magazine.

    Sec.23.c Carry or have in possession a bow with an arrow in the release position.

    Sec.23.d Carry or have in possession an uncased firearm or bow unless properly licensed
    and only during the appropriate hunting season and only while traveling to and
    from the hunting area.

    Sec.23.e Store firearms and ammunition unless kept in locked cases and/or trigger guards
    attached when not in use.

    Sec.23.f Discharge a weapon of any kind, including an air rifle, air pistol, pellet gun, sling
    shot or crossbow, on Commission property except at times and in locations
    authorized by the Commission for such purpose.

    Sec.23.g An exception to the above rules, will be made for peace officers.

    Anyone else have any dealings with Mecosta County Parks? I would imagine that being a "County Park", that they wouldn't be able to regulate this.


    Thank you for your replies,

    SparkyTech

  2. #2
    Regular Member xmanhockey7's Avatar
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    Quote Originally Posted by SparkyTech View Post
    Greetings,

    First post as a new member. I was wondering if anyone has had any dealings with carrying (open or concealed) in Mecosta County Parks (Brower Park, etc...). We camp there every year and I read on their postings in the office that firearms are prohibited.

    Their posted rules (as amended in January 2012 link to full listing: http://www.mecostacountyparks.com/20...and%20Regs.pdf) state:

    Section 23: FIREARMS

    No Person Shall:
    Sec.23.a Have in possession a firearm or bow unless properly licensed and only during the
    appropriate hunting season.

    Sec.23.b Carry or have in possession a firearm unless unloaded in both barrel and
    magazine.

    Sec.23.c Carry or have in possession a bow with an arrow in the release position.

    Sec.23.d Carry or have in possession an uncased firearm or bow unless properly licensed
    and only during the appropriate hunting season and only while traveling to and
    from the hunting area.

    Sec.23.e Store firearms and ammunition unless kept in locked cases and/or trigger guards
    attached when not in use.

    Sec.23.f Discharge a weapon of any kind, including an air rifle, air pistol, pellet gun, sling
    shot or crossbow, on Commission property except at times and in locations
    authorized by the Commission for such purpose.

    Sec.23.g An exception to the above rules, will be made for peace officers.

    Anyone else have any dealings with Mecosta County Parks? I would imagine that being a "County Park", that they wouldn't be able to regulate this.


    Thank you for your replies,

    SparkyTech
    Never been but like you said if it is indeed a county park preemption would prohibit them from doing this. The only thing they could regulate there is the discharge of a firearm.

    123.1102 Regulation of pistols or other firearms.
    Sec. 2. 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.

    123.1104 Prohibiting discharge of pistol or other firearm.
    Sec. 4. This act does not prohibit a city or a charter township from prohibiting the discharge of a pistol or other firearm within the jurisdiction of that city or charter township.
    "No state shall convert a liberty to a privilege, license it, and charge a fee therefor.- Murdock vs Pennsylvania 319 US 105

    ...If the state converts a right into a privelege, the citizen can ignore the license and fee and engage in the right... with impunity.
    - Shuttleworth vs City of Birmingham, Alabama 317 US 262

    Where rights secured by the Constitution are involved, there can be no legislation which would abrogate them.
    - Miranda vs Arizona 384 US 436

  3. #3
    Anti-Saldana Freedom Fighter Venator's Avatar
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    I'll write a letter and send it here: info@mecostacountyparks.com

    Mecosta County Parks Commission
    22250 Northland Dr.
    Paris, MI 49338

    Dear Administrator,

    I am the Director of Research for Michigan Open Carry, Inc. a Michigan non-profit pro-gun rights organization that was formed to educate the public and the law enforcement community on the legality of openly carrying a firearm and to preserve our 2nd amendment rights. I recently became aware of an illegal ordinance that you have in regards to banning firearms in your parks. The pertinent section is below. http://www.mecostacountyparks.com/20...and%20Regs.pdf

    No Person Shall:
    Sec.23.a Have in possession a firearm or bow unless properly licensed and only during the
    appropriate hunting season.

    Sec.23.b Carry or have in possession a firearm unless unloaded in both barrel and
    magazine.

    Sec.23.c Carry or have in possession a bow with an arrow in the release position.

    Sec.23.d Carry or have in possession an uncased firearm or bow unless properly licensed
    and only during the appropriate hunting season and only while traveling to and
    from the hunting area.

    Sec.23.e Store firearms and ammunition unless kept in locked cases and/or trigger guards
    attached when not in use.

    Sec.23.f Discharge a weapon of any kind, including an air rifle, air pistol, pellet gun, sling
    shot or crossbow, on Commission property except at times and in locations
    authorized by the Commission for such purpose.

    Sec.23.g An exception to the above rules, will be made for peace officers.



    As you may or may not know, in 1990 the State of Michigan passed MCL 123.1102 which provides, in pertinent part: 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.

    The only activity you can regulate in regards to firearms is hunting and discharge.

    In MCRGO v. Ferndale, the Michigan Court of Appeals held that local units of government may not impose restrictions upon firearms possession.

    THE MICHIGAN APPEALS COURT CONCLUDED: April 29, 2003 9:10 am. v No. 242237

    In sum, we conclude that 1102 is a statute that specifically imposes a prohibition on local units of government from enacting and enforcing any ordinances or regulations pertaining to the transportation and possession of firearms, and thus preempts any ordinance or regulation of a local unit of government concerning these areas.
    Further, we conclude that the specific language of the 2000 amendments to MCL 28.421 et seq., particularly 5c and 5o, which were adopted more than a decade after the enactment of 1102, do not repeal 1102 or otherwise reopen this area to local regulation of the carrying of firearms.17 Accordingly, we hold that the Ferndale ordinance is preempted by state law and, consequently, we reverse.

    Our hope is that you amend this ordinance within 90 days of this email and any other ordinance that bans firearms. I have contacted other municipalities and they have chosen to amend their ordinances to avoid any possible civil suits like that mentioned above. For further information on open carry and citizens’ rights see this newsletter published by the Law Enforcement Action Forum (LEAF) of the Municipal League of Michigan. http://www.mml.org/insurance/shared/publications/leaf_newsletter/2009_04.pdf
    And Michigan State Police legal update here: http://www.michigan.gov/documents/ms...2_336854_7.pdf

    Thank you for your time and consideration.

    Respectfully yours.
    Last edited by Venator; 04-28-2012 at 06:53 PM.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

  4. #4
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    To ALL Whom are Concerned:

    During My Visit to Michigan, and Oddly enough, in Big Rapids, Michigan, I was Instrumental in getting The Big Rapids Library to Remove its Preempted Rule Governing Firearms on Library Property.

    My Change was Reflected under a Revised Copy of that Rule, which Specifically Excludes Firearms!

    Mecosta County and Big Rapids are Knowledgeable on The Michigan Legislatures' Firearms Preemption Law, ACT 319 of 1990.

    However, Everyone should CONTINUE TO PURSUE This Matter until Mecosta County Parks and Recreation Removes This Rule.

    aadvark

  5. #5
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    Thumbs up Thank You!

    Thank you very much for sending that. Please keep us informed on any replies.

    I did read about the previous issues concerning the Library in Big Rapids (same county I believe) so I was surprised to see this had not been updated for the county parks already.

    Just trying to keep them honest!

    Thanks again,

    SparkyTech

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