imported post
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.
No person or organization
(3) Carry or use any firearm of any description, air rifles or slingshots or discharge
any fireworks or explosive devices of any nature.
(4) Erect any structure.
(5) Canvass, advertise, solicit, vend or rent any service, merchandise or object of
any kind.
(6) Hold or participate in any public function other than those conducted by the city.
(7) For any gatherings in excess of 500 people, chapter 42 of this Code shall apply.
(Code 1965, Sec. 8.07; Ord. No. 747, Sec. 1, 11-28-91)
Sec. 18-34. Enumeration of forbidden acts.
Within the cemetery, no person shall loiter, litter, use profane language, bring in or
consume any alcoholic beverage or controlled substance, peddle or solicit the sale of any
commodity unconnected to cemetery usage, place signs or notices, possess firearms unless the
person is a duly authorized law enforcement officer or a duly authorized military escort for a
veteran's funeral or memorial service, allow animals to run at large or otherwise beyond his
control, or engage in any play or recreational activity.
(Ord. No. 772, Sec. 12.08(c), 12-21-92)
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 by email at my personal email address of
gcannon@miopencarry.org . I thank you for your time and consideration in this matter.
Respectfully, G. Cannon
gcannon@miopencarry.org