sasha601
Regular Member
imported post
I live in Rochester Hills and found the ordinance that prohibits possession of firearms in the park. I just sent the following e-mail to Mayor Barnett. I will let you know what happens:
"Dear Mayor Barnett,
I would like to bring to your attention that the following ordinance is unlawful and unenforceable in respect to firearms possession in a park:
Sec. 74-108. - Firearms and weapons.
It shall be unlawful to bring in, have or use any firearm, air rifle, airgun, or any other weapon that discharges projectiles by any means in a park. However, this section shall not apply to any authorized peace officer while carrying out the duties of his position.
Possessing a firearm in a park is legal under Michigan Law. MCL 123.1102 preempts local regulation of this kind. MCL 28.425c does not return to local units of government the authority to regulate in this area. Please contact your legal department as soon as possible to review this illegal ordinance. It is important that public is not misled in this important area. Anybody reading this ordinance and seeing a citizen legally possessing a firearm in the park might call the Sheriff department. In turn, law enforcement officer might initiate a wrongful arrest if he/she does not know that this ordinance is unenforceable. City liability in this situation will be hard to avoid. Moreover, knowingly keeping an illegal ordinance on the books might be considered as an act of malfeasance.
Please let me know what is the City position on this issue. Please let me know when can the vote be scheduled by the City Council in order to repeal this ordinance."
I live in Rochester Hills and found the ordinance that prohibits possession of firearms in the park. I just sent the following e-mail to Mayor Barnett. I will let you know what happens:
"Dear Mayor Barnett,
I would like to bring to your attention that the following ordinance is unlawful and unenforceable in respect to firearms possession in a park:
Sec. 74-108. - Firearms and weapons.
It shall be unlawful to bring in, have or use any firearm, air rifle, airgun, or any other weapon that discharges projectiles by any means in a park. However, this section shall not apply to any authorized peace officer while carrying out the duties of his position.
Possessing a firearm in a park is legal under Michigan Law. MCL 123.1102 preempts local regulation of this kind. MCL 28.425c does not return to local units of government the authority to regulate in this area. Please contact your legal department as soon as possible to review this illegal ordinance. It is important that public is not misled in this important area. Anybody reading this ordinance and seeing a citizen legally possessing a firearm in the park might call the Sheriff department. In turn, law enforcement officer might initiate a wrongful arrest if he/she does not know that this ordinance is unenforceable. City liability in this situation will be hard to avoid. Moreover, knowingly keeping an illegal ordinance on the books might be considered as an act of malfeasance.
Please let me know what is the City position on this issue. Please let me know when can the vote be scheduled by the City Council in order to repeal this ordinance."