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Anti-Saldana Freedom Fighter
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East Lansing has repealed their firearm ban due to preemption.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/
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/