shox rox ice
Regular Member
imported post
I work on Michigan State's Campus and was aware a long time ago that the university's board of trustees enacted a local ordinance restricting firearms on campus.
(EDIT - Add URL) http://trustees.msu.edu/ordinances/ordinances_sec18.html
After reading so much of the forums here, I see that due to the pre-emptionlaw local ordinances aren't legal to enact (form venator's post):
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-Opinions please!
I work on Michigan State's Campus and was aware a long time ago that the university's board of trustees enacted a local ordinance restricting firearms on campus.
(EDIT - Add URL) http://trustees.msu.edu/ordinances/ordinances_sec18.html
After reading so much of the forums here, I see that due to the pre-emptionlaw local ordinances aren't legal to enact (form venator's post):
[align=left][/align]
So, although I understand that it is unlawful for local governments to enact ordinances... is this one enforcable or not? Is MSU correct in keeping this ordinance on their books because they are private property for some reason? To my knowledge it's a public institution funded with yours and my tax-payers dollars funneled through the state of michigan. It's a land-grant univeristy, and a fine one at that I mist say... but does this ordinance 'hold water'?3) No local ordinance concerning firearm possession is enforceable due to Michigan’s preemption law. In 1990, the Michigan legislature enacted 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 MICHIGAN SUPREME 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. MCRGO v. Ferndale: The Michigan Court of Appeals held that local units of government may not impose restrictions upon firearms possession.
-Opinions please!