DanM
Regular Member
imported post
Contacted by the police chief, and my response. Will keep you posted . . .
----- Original Message ----
From: Dan **** <***@yahoo.com>
To: "Olko, Doreen" <dolko@auburnhills.org>
Cc: "Tanghe, Tom" <ttanghe@auburnhills.org>; "Auger, Peter" <pauger@auburnhills.org>; jbacon@secrestwardle.com
Sent: Tuesday, July 15, 2008 9:40:51 AM
Subject: Re: Your Request
Dear Chief Olko,
I appreciate your prompt response and interest in reviewing the ordinance for it's enforceability, especially in light of the body of state law (including preemption) and state court rulings regarding gun control laws enacted byunits of government below the state level.
I don't think the ordinance is completely unenforceable, just part of it may be. I'm just a layman, but my understanding is thatbanning hunting without a permit within city limitsis permissible for a city to do. However, I think the assumption spelled out in the ordinance that anyone carrying a firearm (except unloadedrifle/shotgun/pistol)is deemed to be huntingmay be problematic. While I do believe there maybereasonable suspicion or probable cause to believe someone lurking behind treescarrying a rifle or shotgunin a ready-to-shoot manner is hunting, and should be detained by police to investigate possible violation of this ordinance, a citizen lawfully openly carrying a handgun in a holster whilst conducting their business or personal life, in or travelling through Auburn Hills, is nearlycertainly not hunting. Having interacted with some of your officers (pleasantly, I should add) including yourself (very briefly at a city function), I am confident in the ability,intelligence, and leadershipof the Auburn Hills police force to enforce a ban on hunting without the burdenof ablanket assumptionimposed by the questionably problematic part of the ordinance.
I don't know if they were forwarded to you as well, so I am attaching a couple of documents that may be useful. Also, I have been told, contacting the state's Attorney General's office, as an additional resource,has been helpful to municipalities in resolving such questions.
I like to be more than an email personality, so if I can, I'lldrop by and say "hi". Help you put a face to the name, so to speak.
Respectfully,
Dan ****
248-808-4894
----- Original Message ----
From: "Olko, Doreen" <dolko@auburnhills.org>
To: ***@yahoo.com
Cc: "Tanghe, Tom" <ttanghe@auburnhills.org>; "Auger, Peter" <pauger@auburnhills.org>; jbacon@secrestwardle.com
Sent: Monday, July 14, 2008 2:36:54 PM
Subject: Your Request
Dear Mr. M***,
Mr. Auger has forwarded your request regarding the open carry of handguns in the City to me. I will be taking a look at the ordinance and consulting with Mr. Auger and the City Attorney in light of your information. We will be back in touch with you once we have had an opportunity to do some research.
Thank you for bringing this matter to our attention.
Doreen E. Olko
Chief of Police
Auburn Hills Police Department
1899 North Squirrel Road
Auburn Hills, Michigan 48326
248.364.6855
dolko@auburnhills.org
Contacted by the police chief, and my response. Will keep you posted . . .
----- Original Message ----
From: Dan **** <***@yahoo.com>
To: "Olko, Doreen" <dolko@auburnhills.org>
Cc: "Tanghe, Tom" <ttanghe@auburnhills.org>; "Auger, Peter" <pauger@auburnhills.org>; jbacon@secrestwardle.com
Sent: Tuesday, July 15, 2008 9:40:51 AM
Subject: Re: Your Request
Dear Chief Olko,
I appreciate your prompt response and interest in reviewing the ordinance for it's enforceability, especially in light of the body of state law (including preemption) and state court rulings regarding gun control laws enacted byunits of government below the state level.
I don't think the ordinance is completely unenforceable, just part of it may be. I'm just a layman, but my understanding is thatbanning hunting without a permit within city limitsis permissible for a city to do. However, I think the assumption spelled out in the ordinance that anyone carrying a firearm (except unloadedrifle/shotgun/pistol)is deemed to be huntingmay be problematic. While I do believe there maybereasonable suspicion or probable cause to believe someone lurking behind treescarrying a rifle or shotgunin a ready-to-shoot manner is hunting, and should be detained by police to investigate possible violation of this ordinance, a citizen lawfully openly carrying a handgun in a holster whilst conducting their business or personal life, in or travelling through Auburn Hills, is nearlycertainly not hunting. Having interacted with some of your officers (pleasantly, I should add) including yourself (very briefly at a city function), I am confident in the ability,intelligence, and leadershipof the Auburn Hills police force to enforce a ban on hunting without the burdenof ablanket assumptionimposed by the questionably problematic part of the ordinance.
I don't know if they were forwarded to you as well, so I am attaching a couple of documents that may be useful. Also, I have been told, contacting the state's Attorney General's office, as an additional resource,has been helpful to municipalities in resolving such questions.
I like to be more than an email personality, so if I can, I'lldrop by and say "hi". Help you put a face to the name, so to speak.
Respectfully,
Dan ****
248-808-4894
----- Original Message ----
From: "Olko, Doreen" <dolko@auburnhills.org>
To: ***@yahoo.com
Cc: "Tanghe, Tom" <ttanghe@auburnhills.org>; "Auger, Peter" <pauger@auburnhills.org>; jbacon@secrestwardle.com
Sent: Monday, July 14, 2008 2:36:54 PM
Subject: Your Request
Dear Mr. M***,
Mr. Auger has forwarded your request regarding the open carry of handguns in the City to me. I will be taking a look at the ordinance and consulting with Mr. Auger and the City Attorney in light of your information. We will be back in touch with you once we have had an opportunity to do some research.
Thank you for bringing this matter to our attention.
Doreen E. Olko
Chief of Police
Auburn Hills Police Department
1899 North Squirrel Road
Auburn Hills, Michigan 48326
248.364.6855
dolko@auburnhills.org