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Thread: East Lansing, MI repeals gun ban.

  1. #1
    Anti-Saldana Freedom Fighter Venator's Avatar
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    East Lansing has repealed their firearm ban due to preemption. Received this email from the city attorney today. Below is the original ordinance and below that is the repeal.

    Dear Mr. Jeffs,
    Marie McKenna has requested that I respond to your email of Thursday 3-05-2009 regarding the status of the City's firearms ordinances. On February 10, 2009 the East Lansing City Council adopted ordinance No. 1214 which was published and became effective on February 18, 2009. This ordinance amends Chapter 26 of the City Code to repeal or revise those sections of the former code that were pre-empted by or in conflict with the state gun laws. You may view this ordinance by visiting the city website at http://www.cityofeastlansing.com and clicking on the city clerk department and going to recently adopted ordinances. Thank you for your interest in city ordinances
    Dennis McGinty: Attorney at Law; McGinty, Hitch, Housefield, Person, Yeadon & Anderson, P.C. 601 Abbot Road East Lansing, MI 48823 (517) 351-0280 (517) 351-3583 Fax e-mail: dennismcginty@mcgintylaw.com

    East Lansing’s original ordinance:
    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)


    East Lansing repealed ordinance on firearm ban can be found here:
    http://www.cityofeastlansing.com/LinkClick.aspx?fileticket=NV6e1NXpNj8%3d&tabid =167

    http://www.cityofeastlansing.com/Home/Departments/CityClerk/CityCode/OrdinancesAdoptedNotYetCodified/



    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.

  2. #2
    Regular Member Taurus850CIA's Avatar
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    CITY OF EAST LANSING

    ORDINANCE NO. 1214

    AN ORDINANCE TO REPEAL SECTIONS 26-193 AND 26-
    194, AND TO AMEND SECTIONS 26-195 AND 26-196 OF
    DIVISION 2 - HANDGUNS AND OTHER WEAPONS - OF
    ARTICLE III - OFFENSES INVOLVING PUBLIC SAFETY
    OF CHAPTER 26 OF THE CODE OF THE CITY OF EAST
    LANSING.

    THE CITY OF EAST LANSING ORDAINS:

    Sections 26-193 and 26-194 of Division 2 of Article III of Chapter 26 of the Code of the
    City of East Lansing are hereby repealed and Sections 26-195 and 26-196 of Division 2
    of Article III of Chapter 26 are hereby amended to read as follows:

    Sec. 26-195. Confiscation.

    Any firearm found or possessed contrary to state law 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. Any other weapon found or possessed contrary to this chapter or state
    law may be confiscated by the chief of police as a public nuisance and forfeited to and
    disposed of by the chief of police.

    Sec. 26-196. Additional restrictions on sale, transfer or possession of fire arm.

    (a) Minors.

    (1) It shall be unlawful for any person to give, deliver, sell, loan, or otherwise
    transfer a pistol to any person under the age of 18 except as permitted
    pursuant to subsection (a)(2) of this section.

    (2) It shall be unlawful for any person under the age of 18 to possess a pistol
    unless he/she is under the direct supervision of a qualified adult and said
    handgun is being used for the purpose of target shooting at a recognized
    target range.

    (b) No person shall sell, deliver, transfer, or convey possession or control of a
    firearm, loaded or unloaded, or ammunition to any person who is under the influence of
    intoxicating liquor or controlled substances or a combination of same.
    (c) No person who is under the influence of intoxicating liquor or a controlled
    substance or any combination thereof shall carry, possess, control, or use in any
    manner a firearm, loaded or unloaded, or ammunition in a public place, or in any city
    park or recreational facility.
    (d) Any person who violates subsection (3) of this section shall be guilty of a
    misdemeanor punishable by imprisonment for not more than 93 days or a fine of not
    more than $100, or both.


    Edit:misunderstanding... sorry, Venator
    "Fault always lies in the same place, my fine babies: with him weak enough to lay blame." - Cort

    Gun control is like trying to reduce Drunk Driving by making it tougher for sober people to own cars.

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    1776"

    With freedom comes much responsibility. It is for this reason so many are loathe to exercise it.

  3. #3
    Regular Member dougwg's Avatar
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    And to think I had a gun shop owner telling me there are NO ordinances against possession in Michigan. He was so clueless.

  4. #4
    Anti-Saldana Freedom Fighter Venator's Avatar
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    Taurus850CIA wrote:
    Edit:misunderstanding... sorry, Venator
    No problem, I just wanted to be sure I was reading you right in case I missed something, which happens more often as I get older.
    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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    So....what exactly is the effect that this will have on people in EL? I can't get past all of it to see any tangible bearing it would actually have on someone there. Maybe I'm just missing the obvious....

    It would be nice for people to be able to protect themselves on campus, what with all the attacks on girls walking around late at night. I think I've heard of at least 5, one of which was almost definitely a rape with a knife held to the throat. Some others were prevented by passerbys.

  6. #6
    Anti-Saldana Freedom Fighter Venator's Avatar
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    sictransitgloria wrote:
    So....what exactly is the effect that this will have on people in EL? I can't get past all of it to see any tangible bearing it would actually have on someone there. Maybe I'm just missing the obvious....

    It would be nice for people to be able to protect themselves on campus, what with all the attacks on girls walking around late at night. I think I've heard of at least 5, one of which was almost definitely a rape with a knife held to the throat. Some others were prevented by passerbys.

    Well the old ordinance banned weapons from any public property...Parks, buildings, etc. They repealed that portion of the ordinance.

    Even thought the ordinance is illegal many cities like to keep it to discourage anyone from carrying firearms in those places. If an uninformed person wants to OC and asks their local city if they can, they say NO because we have an ordinance. Get rid of the ordinance and they can't do that anymore. Having the ordinance on the books is a defacto gun control device.

    It's also important to get the ordinance removed because the general public when seeing you OC will say..you can't do that this city has an ordinance against it, I'm calling the cops.... So it stops the misinformation across the board.

    Clear know on why we need to repeal all these types of ordinances. Call your local municipality and ask the same.


    MSU has their own ordinances and MAY be exempt from preemption as the law states it applies to municipalities and a university is not included in that definition.
    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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