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Thread: Question about the Ferndale Court Case

  1. #1
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    Was this actually a Supreme Court decision? From what I can find, what we commonly quote as a Supreme Court decision was actually a circuit court case, which the Michigan Supreme Court granted a Summary Disposition.
    While this might be a minor thing, I just wanted to get clarification about it, I dont want to incorrectly quote the State SC when it was actually Court of Appeals.
    Ive done my share of reading legislation and court cases, but im no expert, so Im just asking for some help here.

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    Activist Member hamaneggs's Avatar
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    According to docket # 242237, Appeals Court, the case is closed, and the official version of the case was available on 6/13/03. From what I understand, Ferndale tried to take it to the Supreme Court, but they refused to hear the case. I believe that makes it final, or closed, as it states on the record at the court web site. You can find it at Michigan.gov web site. Click on the courts link to the right.
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    hamaneggs wrote:
    According to docket # 242237, Appeals Court, the case is closed, and the official version of the case was available on 6/13/03. From what I understand, Ferndale tried to take it to the Supreme Court, but they refused to hear the case. I believe that makes it final, or closed, as it states on the record at the court web site. You can find it at Michigan.gov web site. Click on the courts link to the right.
    What I am wondering though is if it is proper to quote the appeals court opinion as "Michigan Supreme Court said", or is that a mistake to quote the opinion in that way?

    In a letter I am writing, I put it as:
    On April 23, 2003, the State of Michigan Court of Appeals found in MICHIGAN COALITION FOR RESPONSIBLE GUN OWNERS V CITY OF FERNDALE[/i], Docket Number 242237, that the City of Ferndale was not permitted to enact an ordinance prohibiting legal possession of firearms, as this was a violation of MCL 123.1102. Consequently, the City of Ferndale had no choice but to repeal their ban on the legal possession, either concealed or openly carried firearms. The Michigan Supreme Court on June 13, 2003 issued a summary disposition of this case as no further review was necessary.



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    Activist Member hamaneggs's Avatar
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    Thats exactly what I have read before, I just couldn't remember the wording.Thanks!
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    hamaneggs wrote:
    Thats exactly what I have read before, I just couldn't remember the wording.Thanks!
    Yeah. I have read before people saying that the Mich SC has ruled that Ferndale's ban was illegal, but I cant find that. So I rewrote it as you can see above. I think it is more accurate, though longer. I am drafting a letter to Kent County about their firearms in parks ban.

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    Anti-Saldana Freedom Fighter Venator's Avatar
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    Furner wrote:
    hamaneggs wrote:
    Thats exactly what I have read before, I just couldn't remember the wording.Thanks!
    Yeah. I have read before people saying that the Mich SC has ruled that Ferndale's ban was illegal, but I cant find that. So I rewrote it as you can see above. I think it is more accurate, though longer. I am drafting a letter to Kent County about their firearms in parks ban.
    It was the Court of appeals and NOT the MSC. I made the ereror in the info packett I made up where I quote both. I will be correctting the posts and the info as time allows. SORRY. But the general info is correct.
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    Venator wrote:
    Furner wrote:
    hamaneggs wrote:
    Thats exactly what I have read before, I just couldn't remember the wording.Thanks!
    Yeah. I have read before people saying that the Mich SC has ruled that Ferndale's ban was illegal, but I cant find that. So I rewrote it as you can see above. I think it is more accurate, though longer. I am drafting a letter to Kent County about their firearms in parks ban.
    It was the Court of appeals and NOT the MSC. I made the ereror in the info packett I made up where I quote both. I will be correctting the posts and the info as time allows. SORRY. But the general info is correct.
    Glad we could clear it all up.
    Are you planning on attending the Grand Rapids picnic?

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    Regular Member Michigander's Avatar
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    My mom knows the then mayor of Ferndale. Chuck Goerdert, that might not be the right spelling. The jack ass is a lawyer, and yet he still pushed the issue, and tried to ban guns in Ferndale city property, contrary to state law. He knew damn well he was out of line, and didn't care. That jack ass is worthy of about as much respect as Janet Reno.
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    Furner wrote:
    Venator wrote:
    Furner wrote:
    hamaneggs wrote:
    Thats exactly what I have read before, I just couldn't remember the wording.Thanks!
    Yeah. I have read before people saying that the Mich SC has ruled that Ferndale's ban was illegal, but I cant find that. So I rewrote it as you can see above. I think it is more accurate, though longer. I am drafting a letter to Kent County about their firearms in parks ban.
    It was the Court of appeals and NOT the MSC. I made the error in the info packets I made up where I quote both. I will be correcting the posts and the info as time allows. SORRY. But the general info is correct.
    Glad we could clear it all up.
    Are you planning on attending the Grand Rapids picnic?
    IF it's the one for July 12th, then no I will be doing the show with Warchild, but do call in with any stories. The show is at 3:00 PM. Ask Warchild for the number to call aside from the website..that is his cell or the stations phone number and we can relate any stories live on the site.
    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.

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    Furner wrote:
    I have read before people saying that the Mich SC has ruled that Ferndale's ban was illegal, but I cant find that.
    Here is one way to cite and wield this case succinctly in any letter:

    --

    Dear _________:

    I am writing you to ask that you repeal ______ City ordinance number ___ purporting to ban gun carry in City Hall and other City facilities. Michigan state law strictly forbids localities from enforcing such gun carry restrictions. Michigan Coalition For Responsible Gun Owners v. City of Ferndale, 662 N.W.2d 864, 866 (Mich. App. 2003) ("At issue in this case is whether local units of government are precluded from enacting and enforcing ordinances that make local public buildings gun-free zones. We hold that M.C.L. § 123.1102 preempts local regulation of this kind, and contrary to defendants city of Ferndale and city clerk Karen Pedro's argument, M.C.L. § 28.425c does not return to local units of government the authority to regulate in this area. Accordingly, we reverse the circuit court's order granting summary disposition in favor of defendants, and upholding the validity of defendants' ordinance prohibiting the possession or concealment of firearms in municipal buildings.")

    Please let me know what you are going to do in this matter.

    YOUR NAME

    YOUR ADDRESS




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    And yet they still have the signs on the front doors of the library and city hall. I've wondered if they'd still try to enforce their illegal law.

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    cupcake wrote:
    And yet they still have the signs on the front doors of the library and city hall. I've wondered if they'd still try to enforce their illegal law.
    And yet several communities still have ordinances on the books about restricting firearms. They keep them up to control and manipulate the uneducated masses.
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    *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.

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    cupcake wrote:
    And yet they still have the signs on the front doors of the library and city hall. I've wondered if they'd still try to enforce their illegal law.
    If they post signs, start a campaign to force them to remove the "illegal signs."

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    cupcake wrote:
    And yet they still have the signs on the front doors of the library and city hall. I've wondered if they'd still try to enforce their illegal law.
    Ferndale? I never did spend much time there at their library, Ferndale's library kind of sucks. I liked the bigger ones a few miles north or west.

    What might fix them up good is a big old OC read in, followed by a short walk over to tour city hall. :celebrate

    Although, Mike's idea is probably a lot better, expecially considering the FPD is a fairly reckless and half assed department which is located in that same building as city hall.:?



    Answer every question about open carry in Michigan you ever had with one convenient and free book- http://libertyisforeveryone.com/open-carry-resources/

    The complete and utter truth can be challenged from every direction and it will always hold up. Accordingly there are few greater displays of illegitimacy than to attempt to impede free thought and communication.

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