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 § 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.