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Thread: Common Grounds Festival-Lansing, MI bans firearms

  1. #1
    Anti-Saldana Freedom Fighter Venator's Avatar
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    Common Grounds Festival-Lansing, MI bans firearms

    http://www.commongroundfest.com/FestivalInfo/FAQ

    Under the 4th question is a list of don't including no weapons. Since this is on a Lansing city park I think Preemption applies. I have sent a comment via there comment page and am waiting for a reply. http://www.commongroundfest.com/ContactUs

    If any others in the Lansing area want to comment please do. MCL123.1102 is the statute.
    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.

  2. #2
    Campaign Veteran smellslikemichigan's Avatar
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    not in the lansing area, but i sent comment to help
    "If it ain't loaded and cocked it don't shoot." - Rooster Cogburn
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  3. #3
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    Here is what I sent:

    On your FAQ page under the 4th question you give a list of prohibited items, and at the bottom of the list it says "weapons of any kind", this policy is illegal under state law, and is unenforceable. MCL 123.1102 clearly states:
    FIREARMS AND AMMUNITION (EXCERPT)
    Act 319 of 1990


    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.

    Here is the link: http://www.legislature.mi.gov/%28S%2...e=mcl-123-1102

    Your ban on "weapons of any kind" violates state law. State law has no prohibition what so ever regarding carrying a concealed firearm in to "music festivals", further even if it did state law provides an exemption to those who openly carry with a CPL, in either case your ban is illegal.

    Further in addition to being plainly illegal it is also immoral, and unconscionable, the right of self defense is the most basic of human rights, and you would ban that at your festival leaving all who attend at the mercy of criminals who by the way would not obey your ban anyway as you would make it impossible for anyone to carry weapons to defend themselves if attacked. The right to bear arms is important enough to be enshrined in the seond amendment to the constitution, second only to the freedom of speech, yet you would seek to ban it.

  4. #4
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    I sent a comment in too......

    To Whom It May Concern:

    While reviewing your website for the Commonground Music Festival I found that you prohibit weapons of any kind. Please be advised that this is held on public property, therefore you cannot ban any type of firearms. Please see Michiganís Preemption Statute regarding firearms and ammunition. Also note this statute has been upheld in the Michigan Appeals Court; MCRGO vs. The City of Ferndale.

    FIREARMS AND AMMUNITION (EXCERPT)
    Act 319 of 1990

    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.

  5. #5
    Michigan Moderator Shadow Bear's Avatar
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    Is it too late to file for an injunction?
    'If the people are not ready for the exercise of the non-violence of the brave, they must be ready for the use of force in self defense. There should be no camouflage.....it must never be secret.' MK Gandhi II-146 (Gandhi on Non-Violence)-- Gandhi supports open carry!

    'There is nothing more demoralizing than the fake non-violence of the weak and impotent.' MK Gandhi II-153 (Gandhi on Non-Violence)

  6. #6
    Regular Member TheQ's Avatar
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    Over my dead body they'll ban guns.
    Last edited by TheQ; 06-30-2012 at 07:05 PM.
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

  7. #7
    Regular Member TheQ's Avatar
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    Sent this to the city council:

    City Council members and Mayor:

    Greetings! I am the President of Michigan Open Carry, Inc. We are a Michigan Not-For-Profit organization that promotes the lawful open carry of a holstered handgun. I am writing to you in reference to the upcoming common ground festival.

    http://www.commongroundfest.com/FestivalInfo/FAQ

    "Am I allowed to bring a Backpack or Purse into the Festival"

    Under this question is a list of things prohibited. In the list is "Weapons of any kind".

    Common Grounds is held on/in City Parks and Streets. As such, Michigan's Firearm Preemption law applies.

    Each of you may be aware that in 1990 the Michigan Legislature passed MCL 123.1102, which 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.


    During the Past Decade the City of Ferndale challenged the law by enacting and enforcing a city ordinance prohibiting Firearms in their city owned (not an authority like CADL) public library. Michigan Coalition for Responsible Gun Owners (MCRGO) bought suit against the city. The Michigan Court of Appeals found for MCRGO and struck down the city ordinance. In part the Court of Appeals found:

    In sum, we conclude that ß 1102 is a statute that specifically prohibits 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.


    We hold your allowance of the Common Ground Festival organizers to ban firearms amounts to city endorsed regulation of Firearms. We look forward to working with you and the festival organizers to quietly and civilly make this ban go away. A similar situation was resolved in the City of Royal Oaks regarding "Arts, Beats, and Eats" over a year ago. Sadly, the city and the festival organizers didn't take our request seriously until the media became involved and a circus ensued. We hope that type of attention won't be required here. Since we are on a tight timeline (festival less than 2 weeks away), please acknowledge the receipt of this email and confirm your plans to work with us to get this rule removed no later than close of business on Tuesday July 3, 2012.

    Regards,


    --
    Phillip Hofmeister
    President
    Michigan Open Carry, Inc.
    PHofmeister@miopencarry.org
    http://www.miopencarry.org

    PS. I am also a City of Lansing Resident since 2006.
    I also transmitted a copy of it to the Festival here
    Last edited by TheQ; 06-30-2012 at 07:28 PM.
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

  8. #8
    Regular Member TheQ's Avatar
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    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

  9. #9
    Regular Member lil_freak_66's Avatar
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    im volunteering one day with CERT out there....if i see any openly carried firearms ill probably offer to buy you a coke instead of kick you out.
    not a lawyer, dont take anything i say as legal advice.


  10. #10
    Anti-Saldana Freedom Fighter Venator's Avatar
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    I have not gotten a response yet. Anyone else? The Q?
    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.

  11. #11
    Regular Member TheQ's Avatar
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    No

  12. #12
    Campaign Veteran smellslikemichigan's Avatar
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    nope
    i did find a phone number for them, however. 517.267.1502
    Last edited by smellslikemichigan; 07-03-2012 at 12:18 PM.
    "If it ain't loaded and cocked it don't shoot." - Rooster Cogburn
    http://www.graystatemovie.com/

  13. #13
    Regular Member TheQ's Avatar
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    They've gotten the message, not sure how they could miss the 12+ posts on their FB page.

  14. #14
    Campaign Veteran smellslikemichigan's Avatar
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    i'm not seeing any posts on their FB page. think they're censoring?
    "If it ain't loaded and cocked it don't shoot." - Rooster Cogburn
    http://www.graystatemovie.com/

  15. #15
    Campaign Veteran smellslikemichigan's Avatar
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    nevermind, i see them now
    our comments definitely aren't being missed. they're being ignored. they are answering plenty of other questions.
    Last edited by smellslikemichigan; 07-03-2012 at 02:25 PM.
    "If it ain't loaded and cocked it don't shoot." - Rooster Cogburn
    http://www.graystatemovie.com/

  16. #16
    Regular Member TheQ's Avatar
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    I sense our next move is to start writing on the wall of local media outlets. I'll make appropriate Facebook page entries on MOC's page this evening *sighs*

    Anyone up to showing up en masse open holster at next week's city of Lansing council meeting? They meet at 7:00 PM.

  17. #17
    Campaign Veteran smellslikemichigan's Avatar
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    do they meet in a courthouse attached bldg?
    "If it ain't loaded and cocked it don't shoot." - Rooster Cogburn
    http://www.graystatemovie.com/

  18. #18
    Regular Member TheQ's Avatar
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    Quote Originally Posted by smellslikemichigan View Post
    do they meet in a courthouse attached bldg?
    Yes. Thus "open holster".

  19. #19
    Regular Member WilDChilD's Avatar
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    Quote Originally Posted by TheQ View Post
    I sense our next move is to start writing on the wall of local media outlets. I'll make appropriate Facebook page entries on MOC's page this evening *sighs*

    Anyone up to showing up en masse open holster at next week's city of Lansing council meeting? They meet at 7:00 PM.
    Is that 7:00 pm on Monday?

  20. #20
    Regular Member TheQ's Avatar
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    Yes...sorry...I was thinking "Monday", must have forgotten to say it!

  21. #21
    Regular Member WilDChilD's Avatar
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    What would be a good place for everybody to meet up?

  22. #22
    Regular Member TheQ's Avatar
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    City hall, lobby, 18:40.

  23. #23
    Regular Member WilDChilD's Avatar
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    Quote Originally Posted by TheQ View Post
    City hall, lobby, 18:40.
    Here

    Lansing City Council
    10th Floor - City Hall
    124 W. Michigan Ave
    Lansing , MI 48933
    (517) 483-4177
    Last edited by WilDChilD; 07-03-2012 at 08:16 PM.

  24. #24
    Regular Member lil_freak_66's Avatar
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    ill try to show up, and yes that is the correct location.

    remember meters are FREE after 6pm, dont give them any extra $.
    Last edited by lil_freak_66; 07-03-2012 at 08:18 PM.
    not a lawyer, dont take anything i say as legal advice.


  25. #25
    Regular Member TheQ's Avatar
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    I just remembered...I have the OC dinner in Ann Arbor to host at the same time so I won't be able to be at city hall.

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