Ferndale Police Department problem

The commissioner or chief of police of a city, township, or village police department that issues licenses to purchase, carry, possess, or transport pistols, or his or her duly authorized deputy, or the sheriff or his or her duly authorized deputy, in the parts of a county not included within a city, township, or village having an organized police department, in discharging the duty to issue licenses shall with due speed and diligence issue licenses to purchase, carry, possess, or transport pistols to qualified applicants residing within the city, village, township, or county, as applicable unless he or she has probable cause to believe that the applicant would be a threat to himself or herself or to other individuals, or would commit an offense with the pistol that would violate a law of this or another state or of the United States. An applicant is qualified if all of the following circumstances exist:

Click to expand...

It takes under 10 minutes if the secretary isn't backlogged like crazy.

When evil creamsicle and I went to get his permit, we were in and out in approximately 8 minutes, test included. As I recall, the secretary was working on other things at the same time she was taking care of us. There really isn't much to it.

So taking that into consideration, and considering the fact she wasn't busy, there are no excuses. Due speed and diligence is not jerking someone around out of laziness or anti gun sentiment, or whatever reason they might have over there for causing people to have to wait unlawfully for permits.

Click to expand...

So the secretary is in violation of the law, if not the entire department if this is a policy. According to the story of the person this involves, she had more than enough time to finish the process, and simply didn't.

Click to expand...

I'll say it again. Demonstrate how an illegal 5 day waiting period is within the boundaries of due speed and diligence.

Click to expand...

CHAPTER II. GENERAL POWERS
Section 2. [General powers]. The City shall have power:
...
(34) To regulate or prohibit the use, selling, storing and transportation of firearms and fireworks.

Click to expand...

Sec. 12-136. Possession or concealment of weapons.

(a) Authorization. This section is enacted pursuant to the city's general police power, authority granted to cities by Article 7, § 22 of the Michigan Constitution; the Home Rule Cities Act, MCL 117.1 et seq., as amended; and Chapter II, § 2(4) of the Ferndale Charter to make and enforce ordinances and resolutions for the care, protection, control and management of buildings owned by and/or controlled by the city located within the city corporate limits.

(b) Purpose. The purpose of this section is to promote the public health, safety and general welfare of the citizens of the city while at certain buildings belonging to the city. The issue of safety at city public buildings is important not only to the employees of the city but also to all those who have business or personal reasons to visit city buildings.

(c) Definitions. When used in this section, the following words, terms and phrases, and their derivations shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Concealment means to intentionally hide, put out of sight, disguise, or do any other act to keep a weapon out of sight and to avoid its being discovered or observed. Possession means carrying or having control over a weapon with knowledge of its presence. Weapon means and shall include a loaded or unloaded firearm that is 30 inches or less in length, or a loaded or unloaded firearm that by its construction and appearance conceals it as a firearm from which a dangerous projectile may be propelled by an explosive, or by gas or air. Weapon shall also include a dagger, dirk, razor, stiletto or knife having a blade over three inches in length.

(d) Possession or concealment of weapon prohibited.
(1) Except as otherwise provided in subsections (2) and (3), possession or concealment of a weapon shall be prohibited in all buildings owned and/or controlled by the city and located in the city including: city hall, police station, fire stations, DPW administrative office, animal shelter building, library, Gerry Kulick Community Center, summer youth recreation building while under city control and DPW water building.

(2) Notwithstanding any other provision of this section, any state, federal or local law enforcement officer, city auxiliary police officer and retired police officer may possess or conceal a weapon while at the public buildings owned and/or controlled by the city which are identified in section (d)(1).

(3) Notwithstanding any other provision of this section, a person may, while complying with any gun registration requirements, while participating in a city gun buy-back program or turning in a weapon to the city for disposal or destruction, possess an unloaded weapon at the particular public building in connection with such activity.

(e) Signs. The city shall post and maintain signs at all public entrances to the public buildings owned and/or controlled by the city which are identified in section (d)(1) notifying the public that possession or concealment of weapons in those public places is prohibited. The sign shall have lettering that is distinct, contrasting to the background and easily read, letters shall have a minimum height of 3/4-inch and shall be posted in English and such other language(s) as the city clerk shall deem appropriate.

(f) Violations and penalties. Any person who possesses or conceals a weapon in public buildings owned and/or controlled by the city which is identified in section (d)(1) shall be responsible for a misdemeanor punishable by a fine of not more than $500.00 and/or 90 days in jail, or both. (Ord. No. 945, Pt. I, 11-12-01)

Click to expand...