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Thread: City Ordinances-Call to Action

  1. #1
    Regular Member sprinklerguy28's Avatar
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    I would like to ask everyone who believes in their 2nd amendment rights for help. Please visit the website for your city,township, or village of where you work,live, or visit frequently. Review their code of ordinances. You may be shocked what you find. I spent 15 minutes today and found 4 more cities in Macomb County alone with ordinances that ban carrying of a firearm in some form. Most sites allow you to do a simple search for the word "firearm". All ordinances will show up that contain it in the language. Look under the firearm, dangerous weapon, and also their parks and recreation section. Then take action. We can debate laws, situations, and events on here all day, but unless we require our governments to abide by the laws all our discussions are for nothing. I will help anyone I can in writing letters, or attending council meetings. I know many others will help too. If everyone just addresses where they live and work we could have a tremendous impact. I personally would like to see every city,township,or village with an ordinance violating state preemption formally contacted and resolution in progress or made by April 13,2010, the day of the State's 2nd Amendment March.

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    I found a few gems here in Ecorse. I'm going to be posting it soon, but I will have to enter the info into the computer by hand. Ecorse has no website for ordinances. I had to go to city hall and ask for copies from the Ecorse bible.

    The biggest offender is the ordinance making it illegal to possess a firearm in the public parks and streets, permit holders excepted.

    Anyway, I will definitely be asking for advice from those more experienced on the proceedures for getting this removed.

    Also, our city council needs ot have their feet held to the fire regarding the distribution of ordinance information. If I am held accountable for all the ordinances in that thick book, and ignorance is no excuse, then the ordinances should be far easier to access than they are.

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    I looked into areas around Jackson County since all offending towns in Jackson have been either notified or have corrected the ordinance.

    Heres what I found.

    Battle Creek: Parks: "Firearms and explosives. No person shall possess or discharge any firearm"

    Stockbridge: Cemeteries: No firearms will be allowed on the grounds

    Chelsea: (I like this one, makes me laugh) Sec. 18-260. Permission of city council required to carry firearms. Within the limits of the city, no person shall carry or have in his possession any revolver, pistol, gun, rifle, or air-rifle when the same is loaded or charged for firing without the written permission of the city council at any time.

    Grand Rapids: Parks: No person shall possess, transport, shoot, fire, or discharge any firearm

    I haven't had time to write any letters on these.

  4. #4
    Regular Member sprinklerguy28's Avatar
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    If anyone needs copies of letters PM me and I'll email them to you. I dont want to take up tons of space for all the letters and info. Also Im willing to attend any council meeting OCing with anyone who wants some support as long as I'm not working.

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    This is from the city ofMonroe website...

    §707-5Carrying weapons on public property; transporting firearms in motor vehicles.







    A.

    No person shall carry on any street or other public way or in or on any public property, or have in his or her automobile or other vehicle, any dangerous or deadly weapon, pistol or other firearm, or any other weapon of sufficient power to project a missile or other object capable of injuring a person or property, unless such weapon is in the trunk of his or her automobile or other motor vehicle broken down so as to be inoperable. If the person is on foot or on a bicycle or motorcycle, or if his or her motor vehicle does not have a trunk, the weapon shall be encased and broken down so as to be inoperable.

    B.

    The provisions of Subsection A hereof shall not apply to any law enforcement officer or any person possessing a valid license or permit to carry such a weapon in a manner contrary to Subsection A hereof.



    We need a license to carry a gun???

  6. #6
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    Need Letter sent to City or attend council meeting

    City of Detroit

    Sec. 38-10-58. Transportation in vehicles; carrying in public.


    It shall be unlawful for any person to carry a pistol concealed on or about his or her person, or whether concealed or otherwise, in a vehicle operated or occupied by him or her, contrary to the State Concealed Weapons Licensing law. Except for a pistol carried or transported lawfully under the State Concealed Weapons Licensing Law, it shall be unlawful for any person to carry a firearm on any public street or in a public place unless it is unloaded and in a case, or to transport or have in or upon any vehicle occupied by him or her any firearm unless the firearm is unloaded in both barrel and magazine and is taken down, enclosed in a case, carried in the luggage compartment of the vehicle or inaccessible from the interior of the vehicle.

    Sec. 38-4-11. Possession or concealment of weapons in city buildings prohibited.


    (a)Purpose. This section is declared necessary for the care, protection, control and management of public buildings owned by and/or controlled by the City of Detroit and located within its corporate boundaries, and to preserve the public peace, health, safety and welfare of city employees and of persons who have business or personal reasons to visit city public buildings.

    (b)Definitions. For purposes of this section, the following terms shall have the meanings respectively ascribed to them:

    City means the City of Detroit.

    Conceal means to intentionally hide, place out of sight, disguise, or do any other act to prevent a weapon from being discovered or observed.

    Possess means to carry or have control over a weapon with knowledge of its presence.

    Weapon means:

    (1)A loaded or unloaded firearm that is thirty (30) inches or less in length, or a loaded or unloaded firearm whose construction and appearance conceals it as a firearm, from which a dangerous projectile may be propelled by an explosive, gas, or air;

    (2)A dagger, dirk, knife, razor, or stiletto having a blade over three (3) inches in length.

    (c)Prohibition. Except as otherwise provided for in subsections (d), (e), and (f), of this section, it shall be unlawful to possess or conceal a weapon in any public building owned and/or controlled by the city and located within its corporate boundaries including, but not limited to, Civic Center Department buildings, Department of Elections buildings, Department of Public Works buildings, Department of Transportation buildings, Detroit Water and Sewerage buildings, Employment and Training Department buildings, Fire Stations, Health Department buildings, Historic Department buildings, Human Services Department buildings, Neighborhood City Halls, Police Stations, Public Lighting Department buildings, Recreation Centers.

    (d)Public safety exception. Notwithstanding any other provision of this section, any federal, state, or local law enforcement officer may possess or conceal a weapon while at a public building identified in subsection (c) of this section.

    (e)Security personnel exception. Notwithstanding any other provision of this section, authorized security personnel may possess or conceal a weapon while at a public building identified in subsection (c) of this section, where the security personnel are providing services at such public building under a contract with the City of Detroit or, upon approval by the City of Detroit and notice to the chief of police, under a subcontract for the provision of such services.

    (f)Weapons programs exception. Notwithstanding any other provision of this section, a person who complies with applicable gun registration requirements may possess an unloaded weapon at a public building identified in subsection (c) of this section when participating in a city gun buy-back program, turning in a weapon to the city for disposal or destruction, or presenting an unloaded weapon at a Detroit Police Department facility for safety inspection or registration.

    (g)Posting and maintaining of Signs. The city shall post and maintain signs at all public entrances to the buildings identified in subsection (c) of this section, which notify the public that it is unlawful to possess or conceal weapons in those public places. The signs shall have lettering that is distinctive, is contrasting to the background, and is easily read. Letters shall have a minimum height of three-quarters ( 3/4) of an inch and shall be posted in English and, as respective department directors shall deem appropriate, other languages.

    (h)Penalties. Possession or concealment of a weapon in a public building identified in subsection (c) of this section is a misdemeanor punishable by a fine of not more than five hundred dollars ($500.00) and/or ninety (90) days in jail, or both in the discretion of the court

  7. #7
    Regular Member sprinklerguy28's Avatar
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    Ive already prepared a brief for the city of Detroit in regards to these ordinances. I will be attending a city council meeting. I will be going to the city building to deliver this information this week. Anyone interested in driving and filming as I do plan to OC to the city building.

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    Just found this on the Eaton county parks rules and regulations:

    19.1No person shall, at any time bring on Commission property, have in his possession, discharge, or set off anywhere upon said properties, a revolver, pistol, shotgun, rifle, firearm, bow, or other weapon that discharges projectiles either by air, explosive substance, or any other force. Provided, however, that this section shall not apply to any deputy sheriff, police officer, park ranger, or other duly appointed law enforcement officer while carrying out the duties and responsibilities of their position.


    Sent them an email notify them that it was unlawful due to preemption. I'll update when I get a response.

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    The counciland all city offices are located in the Coleman A Young municipal building which also courts are located, you cannot carry in the building, you have to pass through metal detecters.

    Also post when and time u plan on going.

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  11. #11
    Regular Member sprinklerguy28's Avatar
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    bossbart wrote:
    The counciland all city offices are located in the Coleman A Young municipal building which also courts are located, you cannot carry in the building, you have to pass through metal detecters.

    Also post when and time u plan on going.
    Yes I am aware of that. I plan on doing breakfast OCing before hand with a few friends. I will be OCing "to" the building but will not be entering carrying. It shall be interesting as several of the new council members have CPLs. I wonder if they are even aware of the ordinances that effect them too. Meeting is at 10am Thursday January 7. I have a separate thread for Detroit to not clog this one up. Ill post all future info on Detroit there.

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  13. #13
    Anti-Saldana Freedom Fighter Venator's Avatar
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    STANDARD LETTER



    I have used this format with great success. Modify as necessary. Just an email to the major, city attorney and the Chief of police will get the ball rolling.

    Dear Mayor XXX

    I have become aware of an illegal and unenforceable ordinance you havein regards to the banning firearms in (parks, etc.). The pertinent section is below.

    COPY ILLEGAL ORDINANCE HERE

    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.

    My hope is that you amend this ordinance and any other ordinance that bans firearms. I have contacted other municipalities and they have chosen to amend their ordinances to avoid any possible civil suits like the Federal suit in Grand Haven (see below). For further information on open carry and citizens rights see this newsletter published by the Law Enforcement Action Forum (LEAF) of the Municipal League of Michigan.

    http://www.mml.org/insurance/shared/publications/leaf_newsletter/2009_04.pdf

    May 12, 2009

    FOR IMMEDIATE RELEASE:

    The Law Offices of Steven W.
    Dulan, PLC announces federal civil rights suit against City of Grand Haven and Ottawa County over open-carry ordinance.

    The suit, brought under Title 42, Section 1983 of the U.S. Code, was filed on behalf of Christopher Fetters, an off-duty Air Force Security Officer who was attending the Coast Guard Festival in Grand Haven last year. Mr. Fetters was openly carrying a holstered pistol, which is legal under Michigan law, as in most states. He was arrested and detained and charged with a violation of a Grand Haven city ordinance prohibiting open carry of firearms. His gun was initially seized, although it was later returned.

    Michigan law prohibits local units of government from making any law with respect to firearms, (
    MCL 123.1102.) The public policy goal of the statute is to provide a uniform system of gun laws statewide so that citizens do not have to guess regarding what local rules might exist as they move from one locality to the next.

    The complaint alleges, among other issues, violations of Mr. Fetters' civil rights under the 2d, 4th, and 14th , Amendments to the U.S. Constitution, and Article I, Section 6 of the Michigan Constitution, which reads, "Every person has a right to keep and bear arms for the defense of himself and the state," when he was physically restrained, disarmed, and subjected to verbal harassment and ridicule by law enforcement personnel.

    Criminal charges were later dropped by the Grand Haven City Attorney's Office, after being informed of the
    unenforceability of their ordinance. No allegations were ever made that Mr. Fetters ever threatened anyone, or in any other way disturbed the peace on the day of his arrest. He is demanding damages for violation of his civil rights as a citizen of the United States and of Michigan.

    The case has been filed in the U.S. Court, Western District of Michigan in Grand Rapids and has been assigned Case Number 1:09-CV-00190.


    Please update me on any action you undertake to correct this situation. I thank you for your time and consideration in this matter.

    Respectfully,
    XXXXXX XX
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

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    Denny wrote:
    Just found this on the Eaton county parks rules and regulations:

    19.1No person shall, at any time bring on Commission property, have in his possession, discharge, or set off anywhere upon said properties, a revolver, pistol, shotgun, rifle, firearm, bow, or other weapon that discharges projectiles either by air, explosive substance, or any other force. Provided, however, that this section shall not apply to any deputy sheriff, police officer, park ranger, or other duly appointed law enforcement officer while carrying out the duties and responsibilities of their position.


    Sent them an email notify them that it was unlawful due to preemption. I'll update when I get a response.
    Just received this from The Eaton County Parks Commission:



    Dear Mr. XXXX

    Thank you for the recent email concerning the Eaton County Parks
    Commissions Rules and Regulations, and more specifically the need to
    amend 19.1 to reflect changes that have been made at the State level.

    We are currently working on an amendment to regulation 19.1 that should
    ensure our compliance with State Law. The amendment should be acted upon
    within the next couple months pending all the proper approvals and
    public notifications as outlined by State Statue for amending County
    Parks Commissions rules and regulations.

    Please contact me at any time, if you have additional concerns or
    questions regarding this matter or any other County Park related issue.

    Sincerely,

    Dan Patton, Director
    Eaton County Parks


  15. #15
    Regular Member sprinklerguy28's Avatar
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    Denny wrote:
    Denny wrote:
    Just found this on the Eaton county parks rules and regulations:

    19.1No person shall, at any time bring on Commission property, have in his possession, discharge, or set off anywhere upon said properties, a revolver, pistol, shotgun, rifle, firearm, bow, or other weapon that discharges projectiles either by air, explosive substance, or any other force. Provided, however, that this section shall not apply to any deputy sheriff, police officer, park ranger, or other duly appointed law enforcement officer while carrying out the duties and responsibilities of their position.


    Sent them an email notify them that it was unlawful due to preemption. I'll update when I get a response.
    Just received this from The Eaton County Parks Commission:



    Dear Mr. XXXX

    Thank you for the recent email concerning the Eaton County Parks
    Commissions Rules and Regulations, and more specifically the need to
    amend 19.1 to reflect changes that have been made at the State level.

    We are currently working on an amendment to regulation 19.1 that should
    ensure our compliance with State Law. The amendment should be acted upon
    within the next couple months pending all the proper approvals and
    public notifications as outlined by State Statue for amending County
    Parks Commissions rules and regulations.

    Please contact me at any time, if you have additional concerns or
    questions regarding this matter or any other County Park related issue.

    Sincerely,

    Dan Patton, Director
    Eaton County Parks
    NICE JOB:celebrate

  16. #16
    Regular Member sprinklerguy28's Avatar
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    I have sent letters to Highland Park, Mt. Clemens, Harrison Twp, Shelby Twp, and Flat Rock. All response will be posted in a separate thread specific for the city. I also will be attending Shelby Twp's council meeting tonight at 6pm.

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    sprinklerguy28 wrote:
    Ive already prepared a brief for the city of Detroit in regards to these ordinances. I will be attending a city council meeting. I will be going to the city building to deliver this information this week. Anyone interested in driving and filming as I do plan to OC to the city building.
    it is not the coleman young building is it? this building is off limits to firearms because there are courtrooms in the complex.
    Quis custodiet ipsos custodes? (who will watch the watchmen?)

    I am not a lawyer. Nothing in any of posts should be construed as legal advice.

  18. #18
    Regular Member sprinklerguy28's Avatar
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    I attended the Shelby Twp meeting tonight. I was welcomed and thanked with open arms. The supervisor and several other trustees stated they carry. I was told this issue has already been addressed upon receiving my initial letter and was not put on the agenda because there was no discussion or vote needed, the ordinance violated state law and needed to be removed. I was told I will receive both a phone call and email tomorrow with the confirmation of the ordinance being changed.

  19. #19
    Regular Member Generaldet's Avatar
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    Nice work!

  20. #20
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    I've personally been involved in three change of regulations in my area. I'm very encouraged to hear that I'm not the only one and that this is a 'target rich environment'.

    Seeing that there are so many of these regs on the books, and the success we're having in getting them removed, any thoughts on contacting the AG of MI to effect a top down review and removal, versus a piece meal approach? Every time the process is the same; send them a packet, they gotta check with their attorney, attend a board meeting, get the thing changed. An AG statement, sent to all municipalities, might spark a review of local ordinances with changes.

    I'm just sayin'

    Carry on

  21. #21
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    Reply received from an email sent to Harrison Twp in regards to them banning firearms at Metrobeach metro park.



    Mr. Webb:

    Thank you for taking the time to send this information to me. I have been in contact with our legal counsel & they are researching the matter. The information you provided seems to suggest a conflict but we are awaiting another opinion before we consider any action. Once I have more information, I will notify you.

    Sincerely,
    Ken Verkest
    Trustee,Charter Township of Harrison

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    Good Work. And , Thanks.

  23. #23
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    Here's what I found for Houghton County:]
    Hancock (city) http://www.cityofhancock.com
    (Note, this regards parks and recreation areas only)


    97.24 Possessing; Shooting Firearms
    It shall be unlawful to carry or have in possession a firearm unless unloaded in both barrel and magazine, shoot an air gun, gas gun, springloaded gun or slingshot, or shoot with a bow and arrow,
    except during established hunting seasons, or lands open to hunting.


    Lake Linden (village) http://www.lakelinden.net
    (Park and Marina regulations)

    3001 IX I
    1. No person shall at any time, bring into or upon the Village park, nor have in his or her possession, nor discharge, or set off anywhere upon said properties, a revolver, pistol, shotgun, rifle, air gun, water gun or any gun, rifle, firearm or bow or other weapon that discharges projectiles either by air, explosive substance or any other force, provided however, that this section shall not apply to any deputy sheriff, police officer, peace officer or other duly appointed law enforcement officer while carrying out the duties and responsibilities of his or her position.[size=]



    No other township/village that has information on the internet has a restriction on the possession of firearms

    Rand Paul 2016

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