PDinDetroit
Regular Member
imported post
While reviewing the local city ordinances, I found that Royal Oak has an ordinance named "Gun-Free School Zone Ordinance". This ordinance is similar in nature to the Federal Law named similarly.
I can find no such law at the State Level (so far).
Link: http://ecode360.com/ecode3-back/getSimple.jsp?guid=8260270
§278-40. Firearms; gun-free school zone; violations and penalties. A. Short title. This section shall be known and may be cited as the "Gun-Free School Zone Ordinance."
B. Possession of firearms in school zones.
(1) It shall be unlawful for any individual knowingly to possess a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(2) Subsection B(1) shall not apply to the possession of a firearm if any of the following apply:
(a) The firearm is possessed on private property not part of school grounds.
(b) The individual possessing the firearm is licensed to do so by the State of Michigan.
(c) The firearm is not loaded and in a locked container, or in a locked firearms rack which is on a motor vehicle.
(d) The firearm is in the possession of an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual.
(e) The firearm is in the possession of a law enforcement officer.
C. Violations and penalties. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding $500 or be imprisoned for a period not exceeding 90 days, or be both so fined and imprisoned, in the discretion of the court.
D. Signs to be posted. The City is authorized to post signs around school zones giving warning of prohibition of the possession of firearms in a school zone.
Royal Oak defines a School Zone as the following:
SCHOOL ZONEIn or on the grounds of a public, parochial, or private school, or within a distance of 1,000 feet from the grounds of a public, parochial, or private school.
So, my questions are the following:
1. Would the State Preemption Law "trump" this ordinance due to the fact that State Law does not define the 1000' School Zone for Firearms Restrictions?
2. If #1 is a "yes", how would you suggest contacting the City to inform them of such?
While reviewing the local city ordinances, I found that Royal Oak has an ordinance named "Gun-Free School Zone Ordinance". This ordinance is similar in nature to the Federal Law named similarly.
I can find no such law at the State Level (so far).
Link: http://ecode360.com/ecode3-back/getSimple.jsp?guid=8260270
§278-40. Firearms; gun-free school zone; violations and penalties. A. Short title. This section shall be known and may be cited as the "Gun-Free School Zone Ordinance."
B. Possession of firearms in school zones.
(1) It shall be unlawful for any individual knowingly to possess a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(2) Subsection B(1) shall not apply to the possession of a firearm if any of the following apply:
(a) The firearm is possessed on private property not part of school grounds.
(b) The individual possessing the firearm is licensed to do so by the State of Michigan.
(c) The firearm is not loaded and in a locked container, or in a locked firearms rack which is on a motor vehicle.
(d) The firearm is in the possession of an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual.
(e) The firearm is in the possession of a law enforcement officer.
C. Violations and penalties. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding $500 or be imprisoned for a period not exceeding 90 days, or be both so fined and imprisoned, in the discretion of the court.
D. Signs to be posted. The City is authorized to post signs around school zones giving warning of prohibition of the possession of firearms in a school zone.
Royal Oak defines a School Zone as the following:
SCHOOL ZONEIn or on the grounds of a public, parochial, or private school, or within a distance of 1,000 feet from the grounds of a public, parochial, or private school.
So, my questions are the following:
1. Would the State Preemption Law "trump" this ordinance due to the fact that State Law does not define the 1000' School Zone for Firearms Restrictions?
2. If #1 is a "yes", how would you suggest contacting the City to inform them of such?