imported post
I have been trying to work with the Oxford board members to try and get their unlawful firearm ordinance changed. So far I haven't had much luck with them getting back to me about this. All the more reason to have a great turn out for the picnic!
I plan on going to the board meeting tomorrow night, and I also invited them to the picnic on the 2nd. Below is the progress so far.
Dear Oxford Township officials, Oxford police department,
While researching the Code of Ordinances for the Township of Oxford, I came across local ordinance
[/b]
Sec. 34-40[/b]. Firearms and other weapons, explosives and dangerous substances.
No person shall have in his possession or control any rifle, shotgun, pistol or other firearm, slingshot, pellet gun, air rifle, explosives or other dangerous substances within any park.
(Ord. No. 56, § 9, 5-13-1981)
Cross references: Weapons, § 30-241 et seq.
Sec. 30-242[/b]. Possession of firearms, other weapons or traps.
(b) A person may carry, transport, or possess a firearm without a hunting license while at or going to and from a recognized rifle or target range, or trap or skeet shooting ground, if the firearm is unloaded in both barrel and magazine and either enclosed in a case or carried in the trunk of a vehicle.
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 Oxford Twp. and other citizens who may visit the City.
As an Oxford 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 Oxford Twp. I look forward to your resolution and response when this ordinance is amended.
Thank you,
signed me
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
http://www.legislature.mi.gov/(S(3uzohtmics2b4u45avhaptfn))/mileg.aspx?page=GetObject&objectname=mcl-123-1102
From: me
Sent: Thursday, June 11, 2009 9:46 AM
To: Curtis Wright
Subject: follow up
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Mr. Wright,
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My name is I sent you an email on 6/5/09 regarding amending an unlawful and unenforceable local ordinance in Oxford twp. regarding firearms in parks. I have not heard back from you regarding this issue as of yet. If you have any questions please feel free to ask me.
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Thank you,
signed me
From: Wright, Curtis To: me Cc: Bill Dunn Sent: Thursday, June 11, 2009 10:45 AM
Subject: RE: follow up
Dear Mr.
Your request in regard to the ordinance referencing firearms in our parks is being reviewed. I apologize for not responding earlier.
Thank you,
Curtis W. Wright, Clerk
Charter Township of Oxford
To: Wright, Curtis Sent: Thursday, June 11, 2009 3:54 PM
Subject: Re: follow up
Mr. Wright Thank you for following up with me. I look forward to hearing from you when your review is completed. Sincerely,
me
SENT JULY 7th
Mr. Wright, I just wanted to touch base with you regarding our prior conversation. Have you made any progress in your review of the local firearm ordinances? Also, I wanted to take this time to extend an invite to all of the board members for an open carry picnic that we will be having at Seymour Lake Park on Sunday August 2nd at 1pm. I will try to stop by for the meeting tomorrow night and perhaps we can discuss this further. Thank you for your time, and I hope to see you at the picnic. Sincerely,
me