imported post
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 Hope this helps as every local ordinance of this kind needs to be ammended or repealed.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)
