Letter to city of Marysville city manager

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I used our common format and modified as needed. After my experience in the Marysville Meijer I became interested in the ordinances in Marysville:

http://opencarry.mywowbb.com/forum30/27448.html

My letter follows:

Dear Mr Schumacher,

It has come to my attention that the city of Marysville has an ordinance (Chapter 31 Sec 3.16.) prohibiting firearms within any public park. While not a resident of Marysville, I do on occasion visit Marysville parks with my family. I am concerned that a well-intentioned law enforcement officer may enforce the Marysville ordinance which is in direct conflict and preempted by state law.
Under the 1990 state preemption law (MCL 123.1102, outlined in brief below), Marysville's ordinance is unenforceable in regard to firearm possession. Furthermore, the existence of this ordiniance, being in conflict with the law of the State of Michigan, is misleading to the people of Marysville and other citizens who may visit the city.

I am requesting this ordinance be updated or removed 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 city parks. I welcome your feedback, questions or concerns.


Thank you,
[smellslikemichigan]

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

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Um, ok, I just sent the e-mail a couple minutes ago and got this back already:

"We are in the process of amending our ordinance"

Maybe someone else has already contacted them about this...

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smellslikemichigan wrote:

Um, ok, I just sent the e-mail a couple minutes ago and got this back already:

"We are in the process of amending our ordinance"

Maybe someone else has already contacted them about this...

Click to expand...

I sentthe email below a few weeks ago. I found offending ordinance in Marysville, East China Township and the City of New Baltimore and sent this to all of them. I never received any responses, in fact the mayor of New Baltimore was the only one to even send a read receipt.



[size=August 11, 2009][/size]

[size=][/size]

[size=][/size]

[size=Jack M. Schumacher – City Manager][/size]

[size=City of Marysville][/size]

[size=1111 Delaware Avenue][/size]

[size=Marysville, MI 48040][/size]

[size=][/size]

[size=][/size]

[size=Re: Restriction of firearms possession in city parks][/size]

[size=][/size]

[size=Mr. Schumacher:][/size]

[size=][/size]

[size=Upon reviewing the city ordinances, I have found that the city has written an illegal and unenforceable restriction upon the possession of a firearm. Marysville Code of Ordinances Chapter 31 Section 3.16 states in part “No person shall carry any firearms…within any public park…” Be aware that this restriction is both unenforceable and in violation of MCL 123.1102. (See below) This law has been interpreted and upheld by the Michigan Supreme Court in MCRGO vs. The City of Ferndale.][/size]

[size=][/size]

[size=Do be aware that the city does retain the authority to restrict the discharge of firearms but not the possession of them. I trust you will have this matter investigated expediently and bring the city’s ordinances into compliance with state law. The full spectrum of remediation would include not only updating the city’s written ordinance but also updating/replacing any on-site signage, notification of the patrolling law enforcement, and written notice to city residents. Do be cautioned that failure to do so could be interpreted as an act of malfeasance as it willfully misleads the public as to the law and their rights.][/size]

[size=][/size]

[size=I look forward to your cooperation in this matter and would appreciate it if you would notify me of your resolution. If you wish to discuss this with me, I may be reached any time at 586-484-0071.][/size]

[size=][/size]

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.

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would you like me to follow up with those other municipalities with the same letter i sent to marysville? maybe they just need woken up.

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Certainly. If it's not burning, add more fuel!

PM sent with contact info, municipal specific details

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I second (tvance)I mean jeffsayers.
sorry about the mistake

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what did tvance say?

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oh im sorry it was jeffsayers I miss spoke

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smellslikemichigan wrote:

Um, ok, I just sent the e-mail a couple minutes ago and got this back already:

"We are in the process of amending our ordinance"

Maybe someone else has already contacted them about this...

Click to expand...

MOC mailed an email to the city.

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smellslikemichigan wrote:

would you like me to follow up with those other municipalities with the same letter i sent to marysville? maybe they just need woken up.

Click to expand...

Any news?

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cabman1 wrote:

I second (tvance)I mean jeffsayers.
sorry about the mistake

Click to expand...

Keep my name out cha mouth!:cuss:

:lol:

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the city of marysville has updated their ordinance to include the weakly worded phrase, "Except as permitted by law," to the beginning of their ordinance banning firearms from public parks. this is frustrating because the ordinance should have been struck completely. it still gives citizens the idea that they are not allowed to carry in parks.

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smellslikemichigan wrote:

the city of marysville has updated their ordinance to include the weakly worded phrase, "Except as permitted by law," to the beginning of their ordinance banning firearms from public parks. this is frustrating because the ordinance should have been struck completely. it still gives citizens the idea that they are not allowed to carry in parks.

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I agree. I grew up in Marysville. I lived there for 22 years and still go there weekly to see family. Its still small town good old boys club up there to some extent and the main attitude is a citizen with a gun is bad. I was looking into planning a picnic there this summer. Great park by the water. Before then I'm going to set a time for a get together at one of the local restaurants, just waiting for the owner to return from out of town to okay us OCing in there. Also spoke with the assistant chief of police about this. He is speaking with the city attorney, and chief. I am suppose to have a return phone call by Monday. I informed him of my intent to organize a picnic there. He wasn't to fond of the idea at first but was very polite and professional in discussing the issues he felt it would cause. I feel this will be a good location and opportunity to educate the public.

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let me know... i'll definitely be there, i'm right around the corner. and after my less than pleasant incident with officers trout and phipps in the meijer, i'm interested to see if the PD has had their heads removed from somewhere unpleasant.

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You were brought up in my conversation with the assistant chief. I got a good laugh about it. He said he didn't want a situation like they had at Meijer's with a guy thinking he can just walk around with a gun on his side. I laughed and said well he's right he can. If Meijer's wanted him to leave okay, but no law was broken, and just because some people don't like it does not mean we lose our right to do so. He didn't argue that point at all. I know the small restaurant in St. Clair by Fraleys barber shop didnt care when I OC'ed in there during hunting season, but would rather do it in Marysville.

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I grew up in Port Huron (right next to Marysville for those that don't know) and I just found this interestingly worded ordinance they have on the books.

http://library1.municode.com/default-test/home.htm?infobase=13863&doc_action=whatsnew
(c)No person shall possess or show or display a gun, toy gun, starter pistol, blank gun or device of similar nature in a nonthreatening manner, but with the intent to convey the impression to a person that the gun, toy gun, starter pistol, blank gun or similar device is actually a lethal weapon capable of causing a reasonable person to believe that the person possessing such object is armed with a dangerous weapon.

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I believe the intent of the law is to make it illegal to threaten somebody with a toy gun or a comb in a jacket pocketand make them believe that it is real. But the wording is odd.

If you read just the parts I've highlighted that is exactly what I'm trying to do when I'm OCing a pistol. I'm displaying the gun in a nonthreatening manner with the intent to convey toeveryonethat I am armed with a lethal weapon.

It's just a bit odd.

Bronson