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Thread: Would someone be willing to write a letter to a township for me......

  1. #1
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    Oronoko Township (Berrien Springs) has a "no firearms in parks" ordinance. Due to some circumstances, it would be best if I were not to be involved in correspondence with this municipality. And I would prefer to not write an anonymous letter as I believe they will not even consider the contents of an anonymous letter.

    If anyone needs more details, I would be glad to discuss it via email or discussion board message

    Link to Ordinance
    http://www.oronokotownship.org/ordinance25.pdf


    Edit: I can even provide a letter and attachment documents, as long as someone else is willing to print, sign, and mail it.

  2. #2
    Regular Member dougwg's Avatar
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    You write it, I'll send it.

    The illegal part of the law:
    M. Firearms. No person shall at any time, bring into or upon the township park’s
    properties, nor have in his or her possession, nor discharge, or set off anywhere upon said properties, a revolver, pistol, shotgun, rifle, air gun, water gun, or any gun, rifle, firearm or bow or other weapon that discharges projectiles either by air, explosive substance, or any other force, provided, however, that this section shall not apply to any deputy sheriff, police officer, peace officer, park ranger, or other duly appointed law enforcement officer while carrying out the duties and responsibilities of his position.


    Also note:

    (3) No person shall drop, throw, or otherwise scatter lighted matches, burning cigars, cigarettes, tobacco paper, or other flammable materials within or upon any Oronoko Charter Township park property.

    "Further, it shall be unlawful to distribute handbills,"

    If LEO's show up and disturb us they should be charged in violation of this law.
    "(2) Cause any disturbance or contention in any public building, grounds, park, or
    other public meeting where citizens are lawfully and peaceably assembled."


    O. Use of Tents, Outside Play or Other Equipment. No person shall construct or erect upon Oronoko Charter Township Property any tent, play equipment, trampoline, dunk tank, inflatable play areas, carnival rides, or other similar equipment for the use of any patron whatsoever.

    SECTION 9: ENFORCEMENT
    .

    Fines and imprisonment. Any person violating any provision of the foregoing rules shall be deemed guilty of a misdemeanor and upon conviction thereof be fined not more than $500.00 and costs of prosecution, or imprisoned in the county jail for a period not exceeding ninety (90) days, or both, for each offense.



  3. #3
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    Emailed you the letter and encloures. Just need to add your info at top and bottom and you should be good to go. I appreciate it!

  4. #4
    Regular Member dougwg's Avatar
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    I may edit but will run it by you and Venator before submission.

    What e-mail addy did you send it to?

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    dougwg wrote:
    I may edit but will run it by you and Venator before submission.

    What e-mail addy did you send it to?
    Sounds good. I sent it to the one from your website "billetflow". I was looking for your address in your profile and somehow i ended up there. Let me know if you want me to resend it to a different address.


  6. #6
    Regular Member dougwg's Avatar
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    Thats fine....

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    Regular Member LaVere's Avatar
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    I had a similar problem in Genesee County couple of years ago. I presented the Michigan law to the head of Genesee County parks Rangers. My the way a very nice man and pleasure to work with. He said he was aware of the law but that he does not make the laws the County Park Board does. It was brought up at the County park board by someone ( Not me). After about 6 month they rewrote all or most of the parks gun and general rules. They sent me a personal copy before it was even printed. Now it is in compliance with Michigan law.
    Have your park person get in contact with Genesee County Park Ranger Cheif
    I think his name is Mr. Parks ( no kidding ). If you need more information contact me.

    Gordon

    http://www.geneseecountyparks.org/park_rules.pdf

    Section XXV – Firearms
    For purposes of these rules, the term “firearm” shall
    include any revolver, pistol, shotgun, rifle, air rifle, air
    gun, water gun, slingshot, BB gun or any gun, rifle,
    firearm or bow or other device which is designed to
    discharge projectiles or are models or facsimiles of
    these devices, which appear to be capable of doing so.
    No person shall possess or control any firearm (except
    those as permitted by MCL 28.421 et seq) upon
    properties administered by or under the jurisdiction of
    the Commission
    , except by prior written permission of
    the Commission or as allowed by the Commission
    from time to time in designated areas.
    No person shall discharge any firearm upon property
    administered by or under the jurisdiction of the
    Commission except by prior written permission of the
    Commission or as allowed by the Commission from
    time to time in designated areas.
    This section shall not apply to any law enforcement
    officer acting in the course of his/her official duties.
    The use of force is a last resort. One aspect of violence is that it is unpredictable. Although your initial intention may be to use limited force, once you have engaged in violence the consequences are unpredictable. Violence always brings about unexpected results and almost always provokes retaliation.

    Dalai Lama

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    http://www.generalnewsgroup.com/

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    dougwg wrote:
    I may edit but will run it by you and Venator before submission.

    What e-mail addy did you send it to?

    I did make a boo-boo. First paragraph I forgot to change "county" to "township"

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    LaVere wrote:
    I had a similar problem in Genesee County couple of years ago. I presented the Michigan law to the head of Genesee County parks Rangers. My the way a very nice man and pleasure to work with. He said he was aware of the law but that he does not make the laws the County Park Board does. It was brought up at the County park board by someone ( Not me). After about 6 month they rewrote all or most of the parks gun and general rules. They sent me a personal copy before it was even printed. Now it is in compliance with Michigan law.
    Have your park person get in contact with Genesee County Park Ranger Cheif
    I think his name is Mr. Parks ( no kidding ). If you need more information contact me.

    Gordon

    http://www.geneseecountyparks.org/park_rules.pdf

    Section XXV – Firearms
    For purposes of these rules, the term “firearm” shall
    include any revolver, pistol, shotgun, rifle, air rifle, air
    gun, water gun, slingshot, BB gun or any gun, rifle,
    firearm or bow or other device which is designed to
    discharge projectiles or are models or facsimiles of
    these devices, which appear to be capable of doing so.
    No person shall possess or control any firearm (except
    those as permitted by MCL 28.421 et seq) upon
    properties administered by or under the jurisdiction of
    the Commission
    , except by prior written permission of
    the Commission or as allowed by the Commission
    from time to time in designated areas.
    No person shall discharge any firearm upon property
    administered by or under the jurisdiction of the
    Commission except by prior written permission of the
    Commission or as allowed by the Commission from
    time to time in designated areas.
    This section shall not apply to any law enforcement
    officer acting in the course of his/her official duties.
    28.421

    In pertinent part;

    (g) “Reserve peace officer”, “auxiliary officer”, or “reserve officer” means, except as otherwise provided in this act, an individual authorized on a voluntary or irregular basis by a duly authorized police agency of this state or a political subdivision of this state to act as a law enforcement officer, who is responsible for the preservation of the peace, the prevention and detection of crime, and the enforcement of the general criminal laws of this state, and who is otherwise eligible to possess a firearm under this act.

    (h) “Retired police officer” or “retired law enforcement officer” means an individual who was a certified police officer or certified law enforcement officer as those terms are defined under section 2(k) of the commission on the law enforcement standards act, 1965 PA 203, MCL 28.602, and retired in good standing from his or her employment as a police officer or law enforcement officer.

    So Section XXV prohibits carry (OC & CC) by those who are not (g) & (h)???

    Are they not aware of preemption??? Or did I misunderstand your post???

  10. #10
    Regular Member LaVere's Avatar
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    28.421

    In pertinent part;

    (g) “Reserve peace officer”, “auxiliary officer”, or “reserve officer” means, except as otherwise provided in this act, an individual authorized on a voluntary or irregular basis by a duly authorized police agency of this state or a political subdivision of this state to act as a law enforcement officer, who is responsible for the preservation of the peace, the prevention and detection of crime, and the enforcement of the general criminal laws of this state, and who is otherwise eligible to possess a firearm under this act.

    (h) “Retired police officer” or “retired law enforcement officer” means an individual who was a certified police officer or certified law enforcement officer as those terms are defined under section 2(k) of the commission on the law enforcement standards act, 1965 PA 203, MCL 28.602, and retired in good standing from his or her employment as a police officer or law enforcement officer.

    So Section XXV prohibits carry (OC & CC) by those who are not (g) & (h)???

    Are they not aware of preemption??? Or did I misunderstand your post???




    While I never looked up this regulation I was assured that CCW and open carry carry NOW is ok in the parks. As it always was but they did not know it. I will call Them tomorrow as ask again. I guess I should not have taken his word.

    Gordon

    The use of force is a last resort. One aspect of violence is that it is unpredictable. Although your initial intention may be to use limited force, once you have engaged in violence the consequences are unpredictable. Violence always brings about unexpected results and almost always provokes retaliation.

    Dalai Lama

    ************************************************** ********************

    http://www.generalnewsgroup.com/

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    LaVere wrote:
    28.421

    In pertinent part;

    (g) “Reserve peace officer”, “auxiliary officer”, or “reserve officer” means, except as otherwise provided in this act, an individual authorized on a voluntary or irregular basis by a duly authorized police agency of this state or a political subdivision of this state to act as a law enforcement officer, who is responsible for the preservation of the peace, the prevention and detection of crime, and the enforcement of the general criminal laws of this state, and who is otherwise eligible to possess a firearm under this act.

    (h) “Retired police officer” or “retired law enforcement officer” means an individual who was a certified police officer or certified law enforcement officer as those terms are defined under section 2(k) of the commission on the law enforcement standards act, 1965 PA 203, MCL 28.602, and retired in good standing from his or her employment as a police officer or law enforcement officer.

    So Section XXV prohibits carry (OC & CC) by those who are not (g) & (h)???

    Are they not aware of preemption??? Or did I misunderstand your post???




    While I never looked up this regulation I was assured that CCW and open carry carry NOW is ok in the parks. As it always was but they did not know it. I will call Them tomorrow as ask again. I guess I should not have taken his word.

    Gordon

    You need to consider all of PA372 of 1927. "et seq" means "the following ones". So you need to look at all of the statues in that act. You ARE allowed to open carry and concealed carry in a public park.

    http://legislature.mi.gov/doc.aspx?mcl-Act-372-of-1927

    Regardless of what they say, as long as you follow state law, it is legal. I would write them another letter letting them know that there is more they need to change. All they really can do according to state law is regulate the unlawful possession (according to state law) and regulate the discharge within their jurisdiction.
    You need to make sure that they read ALL of PA319 of 1990, as 123.1103 and 1104 are also "part of the story", even though 123.1102 is the actual text of the preemption law.

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    Regular Member dougwg's Avatar
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    Furner wrote:
    dougwg wrote:
    I may edit but will run it by you and Venator before submission.

    What e-mail addy did you send it to?

    I did make a boo-boo. First paragraph I forgot to change "county" to "township"
    Fixed and sent

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    dougwg wrote:
    Furner wrote:
    dougwg wrote:
    I may edit but will run it by you and Venator before submission.

    What e-mail addy did you send it to?

    I did make a boo-boo. First paragraph I forgot to change "county" to "township"
    Fixed and sent
    Thank you kind sir!!

  14. #14
    Regular Member LaVere's Avatar
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    I just talked to the Ranger for Genesee County Parks. About CCW in the County parks
    He said if you have a legal CCW you may carry in the parks Even if it is from another state. He is aware of the preemption law in Michigan.
    But he is not sure about Open carry in the parks. I reminded him about the preemption law. He said that that has not been worked out with the Genesee County
    lawyers. He added some rangers may ticket you or arrest you or do nothing. It is up to that ranger. "to myself what does that mean". He also said he could tell me his opinion but I may not want to hear it.

    "Why do they fight so hard against legal citizens, I just don't understand it." I have already paid over $300.00 (Read Taxed) to just use my freedom granted in the US and Michigan Constitutions.


    /Rant off
    The use of force is a last resort. One aspect of violence is that it is unpredictable. Although your initial intention may be to use limited force, once you have engaged in violence the consequences are unpredictable. Violence always brings about unexpected results and almost always provokes retaliation.

    Dalai Lama

    ************************************************** ********************

    http://www.generalnewsgroup.com/

  15. #15
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    LaVere wrote:
    I just talked to the Ranger for Genesee County Parks. About CCW in the County parks
    He said if you have a legal CCW you may carry in the parks Even if it is from another state. He is aware of the preemption law in Michigan.
    But he is not sure about Open carry in the parks. I reminded him about the preemption law. He said that that has not been worked out with the Genesee County
    lawyers. He added some rangers may ticket you or arrest you or do nothing. It is up to that ranger. "to myself what does that mean". He also said he could tell me his opinion but I may not want to hear it.

    "Why do they fight so hard against legal citizens, I just don't understand it." I have already paid over $300.00 (Read Taxed) to just use my freedom granted in the US and Michigan Constitutions.


    /Rant off
    I guess the best thing to do is behave, follow the law, and be willing to fight them if they try to illegally cite you for legally open carrying. Im willing to open carry and fight it if Kent County tries to come after me for it.

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    LaVere wrote:
    I just talked to the Ranger for Genesee County Parks. About CCW in the County parks
    He said if you have a legal CCW you may carry in the parks Even if it is from another state. He is aware of the preemption law in Michigan.
    But he is not sure about Open carry in the parks. I reminded him about the preemption law. He said that that has not been worked out with the Genesee County
    lawyers. He added some rangers may ticket you or arrest you or do nothing. It is up to that ranger. "to myself what does that mean". He also said he could tell me his opinion but I may not want to hear it.

    "Why do they fight so hard against legal citizens, I just don't understand it." I have already paid over $300.00 (Read Taxed) to just use my freedom granted in the US and Michigan Constitutions.


    /Rant off
    Is John Ball Park state or city? If it is a state park then the following applies:

    Per MCRGO, regarding state parks:

    Q:
    Some time back I believe that the MI attorney general issued an opinion restricting CPL holders to carrying their weapons UNLOADED while in state parks. With all the changes in carry laws and in light of the pending National Park proposal, I would like to know if this still holds true? Can you clarify how the law applies regarding all parks?

    A:
    Firearms are allowed in National Forests but prohibited in National Parks. Federal law requires hunters on federal land to comply with the hunting laws of the state in which the federal land sits. The law of the State of Michigan allows hunters with CPLs to carry a concealed pistol while hunting. Therefore, Federal law allows hunters on Federal land in Michigan who have a CPL to carry a concealed pistol while hunting. The Department of Natural Resources regulations require a person to have a valid Michigan hunting license if carrying a firearm in an area inhabited by wildlife. DNR also prohibits loaded guns in State Parks. Both of these laws were modified by 2004 PA 129 and 130 to exempt CPL holders as long as you are not attempting to take game. See MCL §324.43510 and MCL 324.504. You can now carry in a State Park the same as you carry other public places.

    324.43510


    NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
    Act 451 of 1994


    324.43510 Carrying or transporting firearm, slingshot, bow and arrow, crossbow or trap; license required; exception; applicability to taking of wild animal.

    Sec. 43510.

    (1) Subject to subsection (2) and except as provided in section 43513, a person shall not carry or transport a firearm, slingshot, bow and arrow, crossbow, or a trap while in any area frequented by wild animals unless that person has in his or her possession a license as required under this part.

    (2) This act or a rule promulgated or order issued by the department or the commission under this act shall not be construed to prohibit a person from transporting a pistol or carrying a loaded pistol, whether concealed or not, if either of the following applies: (emphasis mine)

    (a) The person has in his or her possession a license to carry a concealed pistol under 1927 PA 372, MCL 28.421 to 28.435.

    (b) The person is authorized under the circumstances to carry a concealed pistol without obtaining a license to carry a concealed pistol under 1927 PA 372, MCL 28.421 to 28.435, as provided for under any of the following:

    (i) Section 12a of 1927 PA 372, MCL 28.432a.

    (ii) Section 227, 227a, 231, or 231a of the Michigan penal code, 1931 PA 328, MCL 750.227, 750.227a, 750.231, and 750.231a.

    (3) Subsection (2) does not authorize an individual to take or attempt to take a wild animal except as provided by law.

    History: Add. 1995, Act 57, Imd. Eff. May 24, 1995 ;-- Am. 1996, Act 585, Eff. Mar. 1, 1997 ;-- Am. 2004, Act 129, Imd. Eff. June 3, 2004 ;-- Am. 2006, Act 433, Imd. Eff. Oct. 5, 2006
    Popular Name: Act 451
    Popular Name: NREPA

    © 2007 Legislative Council, State of Michigan




  17. #17
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    SpringerXDacp wrote:
    LaVere wrote:
    I just talked to the Ranger for Genesee County Parks. About CCW in the County parks
    He said if you have a legal CCW you may carry in the parks Even if it is from another state. He is aware of the preemption law in Michigan.
    But he is not sure about Open carry in the parks. I reminded him about the preemption law. He said that that has not been worked out with the Genesee County
    lawyers. He added some rangers may ticket you or arrest you or do nothing. It is up to that ranger. "to myself what does that mean". He also said he could tell me his opinion but I may not want to hear it.

    "Why do they fight so hard against legal citizens, I just don't understand it." I have already paid over $300.00 (Read Taxed) to just use my freedom granted in the US and Michigan Constitutions.


    /Rant off
    Is John Ball Park state or city? If it is a state park then the following applies:

    Per MCRGO, regarding state parks:

    Q:
    Some time back I believe that the MI attorney general issued an opinion restricting CPL holders to carrying their weapons UNLOADED while in state parks. With all the changes in carry laws and in light of the pending National Park proposal, I would like to know if this still holds true? Can you clarify how the law applies regarding all parks?

    A:
    Firearms are allowed in National Forests but prohibited in National Parks. Federal law requires hunters on federal land to comply with the hunting laws of the state in which the federal land sits. The law of the State of Michigan allows hunters with CPLs to carry a concealed pistol while hunting. Therefore, Federal law allows hunters on Federal land in Michigan who have a CPL to carry a concealed pistol while hunting. The Department of Natural Resources regulations require a person to have a valid Michigan hunting license if carrying a firearm in an area inhabited by wildlife. DNR also prohibits loaded guns in State Parks. Both of these laws were modified by 2004 PA 129 and 130 to exempt CPL holders as long as you are not attempting to take game. See MCL §324.43510 and MCL 324.504. You can now carry in a State Park the same as you carry other public places.

    324.43510


    NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
    Act 451 of 1994


    324.43510 Carrying or transporting firearm, slingshot, bow and arrow, crossbow or trap; license required; exception; applicability to taking of wild animal.

    Sec. 43510.

    (1) Subject to subsection (2) and except as provided in section 43513, a person shall not carry or transport a firearm, slingshot, bow and arrow, crossbow, or a trap while in any area frequented by wild animals unless that person has in his or her possession a license as required under this part.

    (2) This act or a rule promulgated or order issued by the department or the commission under this act shall not be construed to prohibit a person from transporting a pistol or carrying a loaded pistol, whether concealed or not, if either of the following applies: (emphasis mine)

    (a) The person has in his or her possession a license to carry a concealed pistol under 1927 PA 372, MCL 28.421 to 28.435.

    (b) The person is authorized under the circumstances to carry a concealed pistol without obtaining a license to carry a concealed pistol under 1927 PA 372, MCL 28.421 to 28.435, as provided for under any of the following:

    (i) Section 12a of 1927 PA 372, MCL 28.432a.

    (ii) Section 227, 227a, 231, or 231a of the Michigan penal code, 1931 PA 328, MCL 750.227, 750.227a, 750.231, and 750.231a.

    (3) Subsection (2) does not authorize an individual to take or attempt to take a wild animal except as provided by law.

    History: Add. 1995, Act 57, Imd. Eff. May 24, 1995 ;-- Am. 1996, Act 585, Eff. Mar. 1, 1997 ;-- Am. 2004, Act 129, Imd. Eff. June 3, 2004 ;-- Am. 2006, Act 433, Imd. Eff. Oct. 5, 2006
    Popular Name: Act 451
    Popular Name: NREPA

    © 2007 Legislative Council, State of Michigan


    John Ball is a county park.

    in case you were confused, the park that I wanted someone to send a letter about is NOT John Ball Park, it is a park in Berrien County.

  18. #18
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    Furner wrote:
    SNIP
    in case you were confused, the park that I wanted someone to send a letter about is NOT John Ball Park, it is a park in Berrien County.
    Oops!!! Sorry about that.

  19. #19
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    SpringerXDacp wrote:
    Furner wrote:
    SNIP
    in case you were confused, the park that I wanted someone to send a letter about is NOT John Ball Park, it is a park in Berrien County.
    Oops!!! Sorry about that.
    Somehow this thread got WAY off topic. I have mailed the letter to Kent County which oversees John Ball Park. The Oronoko Township thing in Berrien County is an unrelated matter.

  20. #20
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    LaVere wrote:
    I just talked to the Ranger for Genesee County Parks. About CCW in the County parks
    He said if you have a legal CCW you may carry in the parks Even if it is from another state. He is aware of the preemption law in Michigan.
    But he is not sure about Open carry in the parks. I reminded him about the preemption law. He said that that has not been worked out with the Genesee County
    lawyers. He added some rangers may ticket you or arrest you or do nothing. It is up to that ranger. "to myself what does that mean". He also said he could tell me his opinion but I may not want to hear it.

    "Why do they fight so hard against legal citizens, I just don't understand it." I have already paid over $300.00 (Read Taxed) to just use my freedom granted in the US and Michigan Constitutions.


    /Rant off
    The preemption law makes all ordinances about possession of a handgun illegal. They can not make laws that are more restrictive than state law. It's very simple. They can not outlaw open carry or concealed carry with a CPL. This was upheld in a Michigan Court of Appeals case. I'm not sure what has to be worked out by the Genesee county lawyers as it's law 101....it's not legal to have this prohibition on open carry. PERIOD. Send this case to the Genesee County prosecutors office.

    [size=You can find the entire opinion here:][size=]http://www.mcrgo.org/mcrgo/doc_pdf/0...e_decision.pdf

    [size=][/b]

    [size=Ordinance: “Except as otherwise provided in subsections (2) and (3), possession or concealment of a weapon shall be prohibited in all buildings owned and/or controlled by the City of Ferndale and located in the City of Ferndale including: City Hall, Police Station, Fire Stations, DPW Administrative Office, Animal Shelter Building, Library, Gerry Kulick Community Center, Summer Youth Recreation Building while under City control and DPW Water Building.” ][/b]



    The S T A T E O F M I C H I G A N C O U R T O F A P P E A L S Opinion.



    MICHIGAN COALITION FOR RESPONSIBLE

    GUN OWNERS, JEAN BRUCE, ALEXANDER

    KASA and GREG NEU,

    Plaintiffs-Appellants,



    FOR PUBLICATION April 29, 2003 9:10 am. v No. 242237

    Oakland Circuit Court



    CITY OF FERNDALE and KAREN PEDRO,

    LC No. 02-038045-CZ

    Defendants-Appellees.



    Before: Jansen, P.J., and Hoekstra and Gage, JJ.

    HOEKSTRA, J.



    [size=The Court stated. ]….In no uncertain terms, § 1102 of the act mandates that “[a] local unit of government shall not . . . 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, . . . except as otherwise provided by federal law or a law of this state.” With the pronouncement in § 1102, the Legislature stripped local units of government of all authority to regulate firearms by ordinance or otherwise with respect to the areas enumerated in the statute,10 except as particularly provided in other provisions of the act and unless federal or state law provided otherwise….[/b]

    [size=]

    [size=They go on to state.]…Indeed, it would be disingenuous to argue that the broad terms “transportation” and “possession” do not encompass “carrying.” …In other words, although stated in the negative, rather than the affirmative, the statutory language of § 1102 demonstrates that, in effect, state law completely occupies the field of regulation that the Ferndale ordinance seeks to enter, to the exclusion of the ordinance, although subject to limited exceptions. See Llewellyn, supra at 322.12 With the enactment of § 1102, the Legislature made a clear policy choice to remove from local units of government the authority to dictate where firearms may be taken. In the present case, it is readily apparent that the [/b][size=Ferndale][/b][size= ordinance regulates areas that § 1102 expressly prohibits. Section 1102 provides that a local unit of government shall not enact an ordinance pertaining to the transportation or possession of firearms, but the city of][/b][size=Ferndale][/b][size= does just that.][/b]



    [size=The court continues. ]…A state statute that prohibits a local unit of government from enacting “any ordinance or regulation” or regulating “in any other manner” the transportation or possession of firearms cannot reasonably be interpreted to exclude local ordinances that address the carrying of firearms in municipal buildings. Indeed, in their brief defendants concede that under § 1102 local units of government are prohibited “from enacting laws that concern ownership or possession of firearms,…[/b]

    [size=]

    [size=…Simply stated, a review of the statutory language reveals a clear intent more than a decade ago to prohibit local units of government from enacting an ordinance such as the][/b][size=Ferndale][/b][size= ordinance, but no clear intent a decade later to limit or remove that prohibition….][/b]

    [/b]

    THE MICHIGAN APPEALS COURT CONCLUDED:

    April 29, 2003 9:10 am. v No. 242237



    [size=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. ][/b]

    [size=][/b]

    [size=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. ][/b]

    [/b]


    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.

  21. #21
    Anti-Saldana Freedom Fighter Venator's Avatar
    Join Date
    Jan 2007
    Location
    Lansing area, Michigan, USA
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    6,445

    Post imported post

    dougwg wrote:
    Furner wrote:
    dougwg wrote:
    I may edit but will run it by you and Venator before submission.

    What e-mail addy did you send it to?

    I did make a boo-boo. First paragraph I forgot to change "county" to "township"
    Fixed and sent
    Well, lets see a copy of the letter.
    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.

  22. #22
    Regular Member
    Join Date
    Jun 2008
    Location
    Grand Rapids, MI, , USA
    Posts
    108

    Post imported post

    Venator wrote:
    dougwg wrote:
    Furner wrote:
    dougwg wrote:
    I may edit but will run it by you and Venator before submission.

    What e-mail addy did you send it to?

    I did make a boo-boo. First paragraph I forgot to change "county" to "township"
    Fixed and sent
    Well, lets see a copy of the letter.
    Oronoko Charter Township
    4583 E Snow Road
    Berrien Springs, MI 49103


    To Whom It May Concern:


    I am writing the board in reference to a township ordinance which, under Michigan State Law, and affirmed by the State of Michigan Court of Appeals, is illegal and unenforceable.
    The ordinance I am referring to is Ordinance 25 as adopted February 14, 2006, specifically Section 5(M), which states:
    No person shall at any time, bring into or upon the township park’s properties, nor have in his or her possession, nor discharge, or set off anywhere upon said properties, a revolver, pistol, shotgun, rifle, air gun, water gun, or any gun, rifle, firearm or bow or other weapon that discharges projectiles either by air, explosive substance, or any other force, provided, however, that this section shall not apply to any deputy sheriff, police officer, peace officer, park ranger, or other duly appointed law enforcement officer while carrying out the duties and responsibilities of his position.[/i]
    [/i]

    However, Public Act 319, Section 2 of 1990 (MCL 123.1102) 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.[/i]

    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. As a result of this, the court reaffirmed the prohibition of local units of government from regulating the legal possession of firearms.

    (cont. on next page)
    Additionally, MCL 28.425c(2) states:
    (2) Subject to section 5o and except as otherwise provided by law, a license to carry a concealed pistol issued by the county concealed weapon licensing board authorizes the licensee to do all of the following:[/i]
    [/i]
    (a) Carry a pistol concealed on or about his or her person anywhere in this state.[/i]
    [/i]
    (b) Carry a pistol in a vehicle, whether concealed or not concealed, anywhere in this state.[/i]
    [/i]
    Hopefully, as a result of this information I have provided to you, I have shown sufficient evidence that local units of government may not enact ordinances which restrict the possession and legal carrying, either concealed or openly, of handguns within the State of Michigan.

    I sincerely hope that the information that I have provided to you will assist you in rectifying this situation regarding Section 5(M) of the Oronoko Township Ordinance 35.

    If you have any further questions regarding these issues, I have included copies of relevant resources for your review.


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