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Thread: Allendale Township Park. No firearms.

  1. #1
    Regular Member MarineSgt's Avatar
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    Added pic of sign.

    This is a letter I'm thinking of sending tomorrow. I would like some input before I send it off. I borrowed from a few other letters I found here. They have a sign that says no firearms allowed. As well as a form for renting the pavilion that says no one may posses firearms in the park.

    Township Supervisor Jerry Alkema, Township Clerk Candy Kraker,

    I noticed the new sign at the park and saw that no firearms were permitted in the park. Afterwards I found the Allendale Township Park Rules and Regulations, and I came across Section 4. Conduct on Park Property subsection E., outlined in brief, below. The ordinance lists restrictions for the possession of firearms in the park. Looking further I found the Agreement For Group Use Of The Allendale Community Park Pavilion, outlined in brief, below. It states that “No person may bring into the park, or have in his/her possession any type of firearm”.

    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 Allendale Township and other citizens who may visit Allendale.

    Any law abiding citizen of the State of Michigan who owns a registered handgun may openly carry (in a holster) said firearm in all places not explicitly exempt by law with or without a CPL. Infringing on this right is a clear violation of both state and federal law.

    I fear that if I am carrying a pistol in accordance with state law in the park, I will be harassed, detained or otherwise interfered with.

    As an Allendale Township 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 Charter Township of Allendale. I look forward to your resolution and response when this ordinance is amended.

    Thank you,

    My name here

    ALLENDALE CHARTER TOWNSHIP
    PARK RULES AND REGULATIONS
    Ordinance No. 1997-6, Amended with Ordinances 1997-6, 2000-13 and 2008-16
    Section 4. Conduct on Park Property
    E. Firearms.
    No person shall at any time bring into a park, nor possess, discharge,
    or set off within a park, a revolver, pistol, shotgun, rifle, air gun, air rifle, or any
    other gun, firearm, or other weapon that discharges projectiles either by air,
    explosive substance, or any other force. This subsection shall not apply to
    (i) any deputy sheriff or other duly appointed law enforcement officer while
    carrying out their official duties and responsibilities; (ii) any person who has a
    permit for a gun or other type of firearm in connection with their employment
    and who is present in the park during the course of their employment; or (iii) any
    member of a military veterans group, military honor guard, or other similar
    military group or organization who receives prior written authorization from the
    Township to use a firearm in connection with a ceremony to observe or celebrate
    a special civic occasion, including, but not limited to, Memorial Day
    observances, Flag Day observances, Independence Day observances, Veterans
    Day observances, and other memorial observances or dedication ceremonies. To
    obtain an exception to the provisions of this subsection, the applicant shall
    submit a written request to the Township for a specific activity or function, and
    such activity or function must be approved in writing by both the Township
    Supervisor and the Township Clerk. If approval for such activity or function is
    granted, the Township Supervisor and the Township Clerk may impose such
    conditions as may be necessary to insure the health, safety, and welfare of the
    residents of the Township, which conditions shall be accepted by the applicant
    prior to the approval taking effect.

    AGREEMENT FOR GROUP USE OF THE ALLENDALE COMMUNITY PARK PAVILION
    BY SIGNING THE AGREEMENT FOR GROUP USE OF THE ALLENDALE COMMUNITY PARK, the applicant agrees to the following terms and agrees to share this information with those attending the group event.

    Firearms
    No person may bring into the park, or have in his/her possession any type of firearm.

    FIREARM LAWS OF THE STATE OF MICHIGAN
    I) Right to Keep and Bear Arms in Michigan. The lawful carry of firearms within the State of Michigan is protected by Article I, Section 6 of the Constitution of the State of Michigan of 1963, "Every person has a right to keep and bear arms for the defense of himself and the state". This became law on January 1, 1964.

    http://www.legislature.mi.gov/docume...nstitution.pdf
    II) Preemption. The authority to enact restrictions on possession and transport (among other regulations) of firearms is retained by the state in the Firearms and Ammunition Act of 1990. Note that this does not prohibit the local governments from enacting restrictions on the discharge or brandishing of firearms.

    http://www.legislature.mi.gov/(S(3uzohtmics2b4u45avhaptfn))/mileg.aspx?page=GetObject&objectname=mcl-123-1102
    Michigan Legislature FIREARMS AND AMMUNITION (EXCERPT)
    Act 319 of 1990
    123.1102 Regulation of pistols or other firearms.
    Sec. 2.
    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

    III) Preemption, continued. The State of Michigan Court of Appeals upheld Section 1102, preemption, in the case of MCRGO v. Ferndale, No. 242237, LC No. 02-038045-CZ.

    http://coa.courts.mi.gov/documents/o...37.opn.coa.pdf

    In this 2003 case, the court concluded the following:
    Excerpt:
    "In sum, we conclude that § 1102 is a statute that specifically prohibits local units of government from enacting and enforcing any ordinances or regulations pertaining to the transportation and possession of firearms, and thus preempts any ordinance or regulation of a local unit of government concerning these areas."
    IV) Brandishing a firearm. Brandishing a firearm is defined by AG Opinion 7101, February 6, 2002.

    Pages 230-231 http://www.legislature.mi.gov/docume...s/firearms.pdf

    (This reference is the compilation of firearms laws and relevant AG opinions for the State of Michigan. Compiled by the Legislative Service Bureau Pursuant to Act 381 of the Public Acts of 2000. March 2009.)

    Excerpt:

    "In the absence of any reported Michigan appellate court decisions defining “brandishing,” it is appropriate to rely upon dictionary definitions. People v Denio, 454 Mich 691, 699; 564 NW2d 13 (1997). According to The American Heritage Dictionary, Second College Edition (1982), at p 204, the term brandishing is defined as: “1. To wave or flourish menacingly, as a weapon. 2. To display ostentatiously. –n. A menacing or defiant wave or flourish.” This definition comports with the meaning ascribed to this term by courts of other jurisdictions. For example, in United States v Moerman, 233 F3d 379, 380 (CA 6, 2000), the court recognized that in federal sentencing guidelines, “brandishing” a weapon is defined to mean “that the weapon was pointed or waved about, or displayed in a threatening manner.”

    Applying these definitions to your question, it is clear that a reserve police officer, regardless whether he or she qualifies as a “peace officer,” when carrying a handgun in a holster in plain view, is not waving or displaying the firearm in a threatening manner. Thus, such conduct does not constitute brandishing a firearm in violation of section 234e of the Michigan Penal Code. It is my opinion, therefore, that a reserve police officer, by carrying a handgun in a holster that is in plain view, does not violate section 234e of the Michigan Penal Code, which prohibits brandishing a firearm in public."


    V) Restrictions on lawful carry. Restrictions on lawful carry are detailed in MCL Section 750.234d. Please note that parks and recreation areas are not listed as restricted carry areas. Further, while not applicable to this case of parks and recreation areas, please note also that these restrictions do not apply to person's licensed by the state to carry a concealed weapon. This latter point has been affirmed by AG Opinion No. 7097 (Pages 225-226 http://www.legislature.mi.gov/documents/publications/firearms.pdf).

    http://www.legislature.mi.gov/(S(fcpmxd55fgvg0p55a42yorud))/mileg.aspx?page=GetObject&objectname=mcl-750-234d

    THE MICHIGAN PENAL CODE (EXCERPT)
    Act 328 of 1931

    750.234d Possession of firearm on certain premises prohibited; applicability; violation as misdemeanor; penalty.

    Sec. 234d.

    (1) Except as provided in subsection (2), a person shall not possess a firearm on the premises of any of the following:
    (a) A depository financial institution or a subsidiary or affiliate of a depository financial institution.
    (b) A church or other house of religious worship.
    (c) A court.
    (d) A theatre.
    (e) A sports arena.
    (f) A day care center.
    (g) A hospital.
    (h) An establishment licensed under the Michigan liquor control act, Act No. 8 of the Public Acts of the Extra Session of 1933, being sections 436.1 to 436.58 of the Michigan Compiled Laws.

    (2) This section does not apply to any of the following:
    (a) A person who owns, or is employed by or contracted by, an entity described in subsection (1) if the possession of that firearm is to provide security services for that entity.
    (b) A peace officer.
    (c) A person licensed by this state or another state to carry a concealed weapon.
    (d) A person who possesses a firearm on the premises of an entity described in subsection (1) if that possession is with the permission of the owner or an agent of the owner of that entity.

    (3) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both.


    VI) Restrictions on lawful carry, continued.
    Restrictions on concealed carry of a firearm are enumerated in MCL Section 28.525o. These areas are what the Michigan State Police refer to as "Pistol Free Areas" (http://www.michigan.gov/msp/0,1607,7-123-1591_3503_4654-10947--,00.html). Please note that here also parks and recreation areas are not listed as restricted areas.

    http://www.legislature.mi.gov/(S(mklndlr5mjj5bi3wkiubshbh))/mileg.aspx?page=GetObject&objectname=mcl-28-425o

    FIREARMS (EXCERPT)
    Act 372 of 1927


    28.425o Premises on which carrying concealed weapon prohibited; “premises” defined; exceptions to subsection (1); violation; penalties.

    Sec. 5o.

    (1) Subject to subsection (4), an individual licensed under this act to carry a concealed pistol, or who is exempt from licensure under section 12a(1)(f), shall not carry a concealed pistol on the premises of any of the following:
    (a) A school or school property except that a parent or legal guardian of a student of the school is not precluded from carrying a concealed pistol while in a vehicle on school property, if he or she is dropping the student off at the school or picking up the child from the school. As used in this section, "school" and "school property" mean those terms as defined in section 237a of the Michigan penal code, 1931 PA 328, MCL 750.237a.
    (b) A public or private child care center or day care center, public or private child caring institution, or public or private child placing agency.
    (c) A sports arena or stadium.
    (d) A bar or tavern licensed under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, where the primary source of income of the business is the sale of alcoholic liquor by the glass and consumed on the premises. This subdivision does not apply to an owner or employee of the business. The Michigan liquor control commission shall develop and make available to holders of licenses under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, an appropriate sign stating that "This establishment prohibits patrons from carrying concealed weapons". The owner or operator of an establishment licensed under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, may, but is not required to, post the sign developed under this subdivision. A record made available by an establishment licensed under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, necessary to enforce this subdivision is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
    (e) Any property or facility owned or operated by a church, synagogue, mosque, temple, or other place of worship, unless the presiding official or officials of the church, synagogue, mosque, temple, or other place of worship permit the carrying of concealed pistol on that property or facility.
    (f) An entertainment facility with a seating capacity of 2,500 or more individuals that the individual knows or should know has a seating capacity of 2,500 or more individuals or that has a sign above each public entrance stating in letters not less than 1-inch high a seating capacity of 2,500 or more individuals.
    (g) A hospital.
    (h) A dormitory or classroom of a community college, college, or university.

    (2) An individual licensed under this act to carry a concealed pistol, or who is exempt from licensure under section 12a(1)(f), shall not carry a concealed pistol in violation of R 432.1212 or a successor rule of the Michigan administrative code promulgated under the Michigan gaming control and revenue act, 1996 IL 1, MCL 432.201 to 432.226.

    (3) As used in subsection (1), "premises" does not include parking areas of the places identified under subsection (1).

    (4) Subsection (1) does not apply to any of the following:
    (a) An individual licensed under this act who is a retired police officer or retired law enforcement officer. The concealed weapon licensing board may require a letter from the law enforcement agency stating that the retired police officer or law enforcement officer retired in good standing.
    (b) An individual who is licensed under this act and who is employed or contracted by an entity described under subsection (1) to provide security services and is required by his or her employer or the terms of a contract to carry a concealed firearm on the premises of the employing or contracting entity.
    (c) An individual who is licensed as a private investigator or private detective under the professional investigator licensure act, 1965 PA 285, MCL 338.821 to 338.851.
    (d) An individual who is licensed under this act and who is a corrections officer of a county sheriff's department.
    (e) An individual who is licensed under this act and who is a motor carrier officer or capitol security officer of the department of state police.
    (f) An individual who is licensed under this act and who is a member of a sheriff's posse.
    (g) An individual who is licensed under this act and who is an auxiliary officer or reserve officer of a police or sheriff's department.
    (h) An individual who is licensed under this act and who is a parole or probation officer of the department of corrections.
    (i) A state court judge or state court retired judge who is licensed under this act. The concealed weapon licensing board may require a state court retired judge to obtain and carry a letter from the judicial tenure commission stating that the state court retired judge is in good standing as authorized under section 30 of article VI of the state constitution of 1963, and rules promulgated under that section, in order to qualify under this subdivision.

    (5) An individual who violates this section is responsible for a state civil infraction or guilty of a crime as follows:
    (a) Except as provided in subdivisions (b) and (c), the individual is responsible for a state civil infraction and may be fined not more than $500.00. The court shall order the individual's license to carry a concealed pistol suspended for 6 months.
    (b) For a second violation, the individual is guilty of a misdemeanor punishable by a fine of not more than $1,000.00. The court shall order the individual's license to carry a concealed pistol revoked.
    (c) For a third or subsequent violation, the individual is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both. The court shall order the individual's license to carry a concealed pistol revoked.


    VII) Potential Ramifications.
    The Charter Township of Allendale itself may be open to responsibility, including financial penalties, due to false arrest/detainment of individuals lawfully carrying a firearm, or other charges. Such an arrest might be considered an unlawful seizure under Article I, Section 11 of the Constitution of the State of Michigan of 1963 and under the 4th Amendment to the U.S. Constitution. Please note that Grand Haven, MI, Ottawa County, Ottawa County Sheriff's department, and several officers are currently named defendants of such a federal lawsuit

    VIII) Additional Resources. Please contact the offices of the following individuals for further inquiry into the firearms laws of the State of Michigan:

    Mike Cox
    Michigan Attorney General
    (517) 373-1110

    Sergeant Thomas Deasy
    Michigan State Police
    Executive Resource Section
    (517) 336-6441

    Someone who can't be trusted to walk free in public with a firearm shouldn't be walking around free.

  2. #2
    Regular Member autosurgeon's Avatar
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    Looks like a good letter to me! I am sure that others will chime in with their thoughts soon!

    And welcome to OCDO!!
    Anything I post may be my opinion and not the law... you are responsible to do your own verification.

    Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

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    The range is clear, you may fire when ready, MarineSgt!

    And welcome aboard.


  4. #4
    Regular Member MarineSgt's Avatar
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    I'm a little concerned that if I "upset the applecart" I may be harassed by the township. Is there anything I could do if something were to happen?
    Someone who can't be trusted to walk free in public with a firearm shouldn't be walking around free.

  5. #5
    Regular Member autosurgeon's Avatar
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    MarineSgt wrote:
    I'm a little concerned that if I "upset the applecart" I may be harassed by the township. Is there anything I could do if something were to happen?
    You cannot let that stop you. First of all this ordinance is unenforceable and if it is a new one then they did not do their due diligence when researching prior to voting on it.
    Second it takes people who are willing to stand up and say so when there are unlawful ordinances put on the books.

    Your letter is very good. It is not confrontational so if they get upset oh well! They really should thank you as you could be saving them from a costly lawsuit!
    Anything I post may be my opinion and not the law... you are responsible to do your own verification.

    Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

  6. #6
    Regular Member Bronson's Avatar
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    You mention that any person who owns a "safety inspected" pistol may carry it. You may want to change that"registered" sinceMichigan no longer has safety inspections.

    Also, there area lot of words in those attached documents. You may want to bold or otherwise highlight the pertinent partsso they'll be sure to see them (if they read them).

    Bronson
    Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. Thomas Paine

  7. #7
    Regular Member MarineSgt's Avatar
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    Bronson wrote:
    You mention that any person who owns a "safety inspected" pistol may carry it. You may want to change that"registered" sinceMichigan no longer has safety inspections.

    Also, there area lot of words in those attached documents. You may want to bold or otherwise highlight the pertinent partsso they'll be sure to see them (if they read them).

    Bronson
    Good catch, I'll change the safety inspection to registered. Also, I don't really expect them to read the laws I included. I suppose that they will forward my e-mail to a lawyer or someone else to look into. At least they will have a starting point.
    Someone who can't be trusted to walk free in public with a firearm shouldn't be walking around free.

  8. #8
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    LOOKs good to me here is a copy of the one i sent to jackson city attorney
    Dear Mr/Ms.XXX

    It has come to my attention that you have an ordinance that bans firearms from commission buildings. This ordinance is unlawful and unenforceable due to MCL 123.1102. The offending ordinance is below.









    Section 5: Weapons 15








    No person shall, at any time, bring into or upon the property of the Commission, or have in his possession, whether concealed or otherwise, any weapon including, but not limited to, a firearm, revolver, pistol, shotgun, rifle, air rifle, air gun, water gun, bow and arrow, slingshot, cross bow, spear or spear gun, switchblade, knife, dirk, dagger, stiletto, sword, blackjack, bully club, bludgeon, whip, ax, or any weapon capable of discharging a projectile, either by air, spirit, gas or explosive, any explosive substance of any other force, or any other dangerous weapon; provided that this Section shall not apply to any duly sworn peace officer while carrying out his duties, or to any person properly hunting or target practicing in areas designated by the Director for such activities.

    As you may or may not know, in 1990 the State of Michigan passed 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.

    In MCRGO v. Ferndale, the Michigan Court of Appeals held that local units of government may not impose restrictions upon firearms possession.

    THE MICHIGAN APPEALS COURT CONCLUDED April 29, 2003 9:10 am. v No. 242237

    In sum, we conclude that § 1102 is a statute that specifically imposes a prohibition on local units of government from enacting and enforcing any ordinances or regulations pertaining to the transportation and possession of firearms, and thus preempts any ordinance or regulation of a local unit of government concerning these areas.

    Further, we conclude that the specific language of the 2000 amendments to MCL 28.421 et seq., particularly §§ 5c and 5o, which were adopted more than a decade after the enactment of § 1102, do not repeal § 1102 or otherwise reopen this area to local regulation of the carrying of firearms.17 Accordingly, we hold that the Ferndale ordinance is preempted by state law and, consequently, we reverse.

    Please alter this ordinance and any others you may have the ban firearms from government properties, so that it/they comply with state law. Failure to do so is a violation of MCL 123.1102 and is subject to legal actions including civil litigation, as was filed upon the City of Ferndale in 2003.

    Please respond to my request within 10 business days. You may respond via US mail or by email at my personal email address of xxxxxx. I thank you for your time and consideration in this matter.

    Respectfully,

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    Fire away

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    Regular Member MarineSgt's Avatar
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    I sent the e-mail in the first post today, June 24, 2009 at 8:15 am.

    At 9:25 am received this.

    Jerry Alkema to me

    Brent, I appreciate your observations and will take a closer look at it.

    Someone who can't be trusted to walk free in public with a firearm shouldn't be walking around free.

  11. #11
    Campaign Veteran smellslikemichigan's Avatar
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    fantastic work sgt
    "If it ain't loaded and cocked it don't shoot." - Rooster Cogburn
    http://www.graystatemovie.com/

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    Regular Member autosurgeon's Avatar
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    Well at least they are responsive!
    Anything I post may be my opinion and not the law... you are responsible to do your own verification.

    Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

  13. #13
    Regular Member MarineSgt's Avatar
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    I haven't heard anything back yet. What would the next step be if they didn't update their sign?
    Someone who can't be trusted to walk free in public with a firearm shouldn't be walking around free.

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    Regular Member PDinDetroit's Avatar
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    MarineSgt wrote:
    I haven't heard anything back yet. What would the next step be if they didn't update their sign?
    You could always show up at a City Council Meeting and discuss it there as well. The minutes of these are recorded and it is much harder to "ignore" then.

    Generally speaking, people working in city government are welcoming a direct and honest approach by a concerned citizen. I believe that is how you will handle it. If they can be made to understand that this is an ordinance not in line with state law instead of a "gun bearing rights" issue, I believe that you will succeed.

    Keep us posted! I am considering a similar course of actions here in Royal Oak.
    Rights are like muscles. You must EXERCISE THEM to keep them from becoming atrophied.

  15. #15
    Regular Member Generaldet's Avatar
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    I will be attending my city council meeting tomorrow. Even though my matter is "under review" already, I will be there lawfully open carrying.

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