Dear Mayor Jerry Ellis, Mayor Pro Tem Dr. Randy Bruce, Council Member Nancy Bates, Council Member Barry Brickner, Council Member Michael Bridges, Council Member Kenneth Massey, Council Member Cheryl Oliverio;
While researching the Code of Ordinances for the City of Farmington Hills, I came across the Rules and Regulations (Article III) for Parks and Recreation (Chapter 19), outlined in brief, below. The ordinance listed in Chapter 19, Article III, Section 19-65 lists multiple restrictions for the possession and transport of Firearms, "in any park or recreation area".
Under the 1990 state preemption law (MCL 123.1102, outlined in brief below), this ordinance is unenforceable in regard to firearm possession and transport. Furthermore, the existence of this ordinance, being in conflict with the law of the State of Michigan, is misleading to the people of Farmington Hills and other citizens who may visit the City.
As a Farmington Hills resident, I am requesting this ordinance be amended within 90 days to comply with MCL 123.1102. Failure to amend this ordinance could be considered an act of malfeasance as it willfully misinforms the public of what is and is not allowed in the parks of the City of Farmington Hills. I look forward to your resolution and response when this ordinance is amended.
Steven W. Coon
Code of Ordinances City of Farmington Hills, Michigan
PART II CODE OF ORDINANCES
Chapter 19 PARKS AND RECREATION ARTICLE III
RULES AND REGULATIONS
Sec. 19-65. Firearms and fireworks.
No person shall bring into or have in his or her possession in any park or recreation area:
(1) Any pistol or revolver or object upon which loaded or blank cartridges may be used as defined in section 18-307;
(2) Any rifle, shotgun, BB gun, pellet gun, air gun, spring gun, slingshot, bow or other weapon in which the propelling force is gun powder, a spring or air;
(3) Any fireworks as defined in the fire prevention code of the city, in any public park. (Ord. No. C-4-88, § 1(12.190), 1-11-88)
Michigan Legislature FIREARMS AND AMMUNITION (EXCERPT)
Act 319 of 1990
123.1102 Regulation of pistols or other firearms.
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.
History: 1990, Act 319, Eff. Mar. 28, 1991