I found a wrong ordinance in my town. Has to do with possession of a firearm in a park. What do I need to do to get it changed? Have never tried anything like this before so I am very wet behide the ears.
My congratulations to you Sir! For being willing to step up and right a wrong!
Getting started is easy... searching a town's/township's/village's/county's website will give you an email address for the top official... or an address to send a snail mail letter to. Below is the letter that Yooperlady and I send out..............
Dear XXXXXXX
It has come to my attention that XXXXXXX has the following illegal ordinance on it's books.
xxxxxxxxxxx insert illegal ordinance here xxxxxxxxxxxxxx
and the portion:
xxxxxxxxxxx insert portion of ordinance that is illegal here xxxxxxxxxxxx
is in direct violation of the Michigan State law below.
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
© 2009 Legislative Council, State of Michigan
123.1102 available for viewing online at ....
http://www.legislature.mi.gov/%28S%28qimhzm45vj5jxaudsue13lf3%29%29/mileg.aspx?page=GetObject&objectname=mcl-123-1102
And there is the following case law that supports State Law.
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.
MCRGO vs Ferndale is available for viewing online at ....
http://coa.courts.mi.gov/documents/opinions/final/coa/20030429_c242237_47_85o.242237.opn.coa.pdf
Hence I respectfully request said ordinance be changed to bring it in line with Michigan State Law as quickly as possible.
I also request I be promptly notified of progress made, and final disposition, of this matter.
Respectfully,
XXXXXX
Now, if a couple of letters to different officials do not get the ball rolling then it may be necessary to show up at one of their council meetings bringing with you the same info contained in the letter. This can be intimidating... especially if open carry is legal where the meeting is being held and you decide to openly carry to that meeting. However... there are many folks in Michigan who are willing to support you and show up at that meeting with you... all you need do is ask.
If you do go to a meeting it is perfectly legal for you to record both video and audio of that meeting.
Carry on Sir!!!!
