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Thread: Bath Township will amend firearm ban in parks.

  1. #1
    Anti-Saldana Freedom Fighter Venator's Avatar
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    I have been working on getting this ammended for a while now. Last night the Township Board decided to post a notice on it's website that a portion of it's park ordinance (Firearm ban) is preempted by state law and firearms are allowed in parks. They plan on including a notice on their community newsletter as well. They will amend the ordinance when they renew their contract with municode ordinance service (in about a year and a half from now).

    I want to thank the Township Board and the police chief for working on this and being proactive.
    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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    Regular Member Michigander's Avatar
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    Fred Trost would be proud.
    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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    What ever happened to Fred? I stopped watching MOD when his lawyer buddy took over the show.springerdave.

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    Regular Member 67390FE's Avatar
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    Passed away in '07.

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    Regular Member Michigander's Avatar
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    It was a shame too. Because between The Practical Sportsman and Michigan Out Doors, I think that the Practical Sportsman was always the one worth watching. Fred didn't care about being politically correct, he said what he meant, even if it meant annoying people. When MUCC wouldn't even pay lip service to the expiration of the AWB, Fred covered it happily, and even played 10 year old footage of their opposition to the bans initial passage. I grew up watching him. I certainly miss his show.
    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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    +1.springerdave.

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    Anti-Saldana Freedom Fighter Venator's Avatar
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    I miss him too. I had talked with him a few times as he spent a lot of time in Bath. He was a bit different, but he said what he meant. He left the show to pursue a law career and was willing to do a lot of stuff for free or deduced fees. I think he would have helped out in regards to open carry issues. I know I could at least have picked his brain on certain open carry related legal questions.
    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.

  8. #8
    Anti-Saldana Freedom Fighter Venator's Avatar
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    EXAMPLE of letter I send.

    The general letter is as follows and I modify it as needed depending on the municipality. Here is what I wrote the City of East Lansing a few weeks ago. I have received an email that they are looking into this and will get back to me soon. I will update when I receive that response. Hope this helps as every local ordinance of this kind needs to be ammended or repealed. If members here would do the same in every town in Michigan that would be a great help in regaining some of our firearm rights.

    Ms. McKenna:

    Looking thought your ordinances I discovered this one (below). Under the 1990 state preemption law this ordinance is unenforceable in regards to firearm possession and is misleading to the people of East Lansing and other citizens. I am requesting you amend this offending ordinance within 90 days. Failure to amend this ordinance would be considered an act of malfeasance as it willfully misinforms the public of what is and is not allowed in the city of East Lansing.
    Thank You,

    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.
    EAST LANSING ORDINANCE in question:

    ARTICLE III. OFFENSES INVOLVING PUBLIC SAFETY

    DIVISION 1. GENERALLY
    Secs. 26-171––26-190. Reserved.

    DIVISION 2. HANDGUNS AND OTHER WEAPONS

    Sec. 26-191. Definitions.
    For the purposes of this division, the following words, terms, and phrases shall have the meaning hereafter described:
    City building means any building which is owned or controlled by the City of East Lansing and contains offices of city employees or from which municipal governmental functions are discharged including any adjacent parking facilities.
    City park or recreational facility means any park or recreational facility which is owned or controlled by the City of East Lansing including any adjacent parking facilities.
    Firearm means a weapon from which a dangerous projectile may be propelled by an explosive or by gas or air. Firearm does not include a smooth bore rifle or handgun designed and manufactured exclusively for propelling BB's not exceeding 0.177 caliber by means of a spring, gas, or air.
    Person includes the estate of a deceased handgun owner.
    Pistol means a loaded or unloaded firearm that is 30 inches or less in length, or a loaded or unloaded firearm that by its construction and appearance conceals it as a firearm.
    Qualified adult means any person who has obtained a license to purchase a pistol under section 26-192 or who possesses a valid license to carry a pistol issued by another state.
    Weapon means any firearm, dagger, dirk, stiletto, double-edged non-folding stabbing instrument, or knife having a blade over three inches in length.
    (Code 1994, ch. 106, § 9.80; Ord. No. 1020, ch. 106, § 9.80, 11-19-2002)
    Cross references: Definitions generally, § 1-7.

    Sec. 26-192. Eligibility for license to purchase pistol.
    The chief of police or his or her designee may issue a license to purchase a pistol pursuant to MCL 28.422 if the applicant is qualified under state law.
    (Code 1994, ch. 106, § 9.81; Ord. No. 1020, ch. 106, § 9.81, 11-19-2002)

    Sec. 26-193. Possession in city buildings, parks or recreational facilities.
    No person shall possess any weapon in any city building or in any city park or recreational facility.
    (Ord. No. 1020, ch. 106, § 9.82, 11-19-2002)

    Sec. 26-194. Exceptions.
    The prohibition on possessing weapons set forth in section 26-193 shall not apply to the following:
    (1) Those persons identified in MCL 750.231(a), (b), (c), (d), or (f).
    (2) Those persons who are registering a weapon or turning in a weapon to the police department for disposal, destruction, or evidentiary purposes.
    (3) Employees of the city possessing single-edged knives with blades in excess of three inches in city buildings, parks or recreational facilities when required for work purposes or when possessed for the purpose of food preparation.
    (4) Patrons of the city parks and recreational facilities possessing single-edged knives with blades in excess of three inches when possessed for the purpose of food preparation.
    (Ord. No. 1020, ch. 106, § 9.83, 11-19-2002)

    Sec. 26-195. Confiscation.
    Any weapon found or possessed contrary to this chapter may be confiscated by the chief of police as a public nuisance and forfeited to and disposed of by the chief of police. Any firearm found or possessed contrary to this chapter may be confiscated by the chief of police or his or her designee as a public nuisance and shall be delivered to the Commissioner of State Police of Michigan for his/her disposition as said commissioner may prescribe.
    (Code 1994, ch. 106, § 9.83; Ord. No. 1020, ch. 106, § 9.84, 11-19-2002)
    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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