Venator
Anti-Saldana Freedom Fighter
imported post
dougwg wrote:
dougwg wrote:
Well, lets see a copy of the letter.
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Would someone be willing to write a letter to a township for me......
- Thread starter Furner
- Start date
Furner
Regular Member
imported post
Venator wrote:
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.
[align=right](cont. on next page)[/align] 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.
Venator wrote:
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.
[align=right](cont. on next page)[/align] 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.