Ransom District Library in Plainwell, Allegan County in violation
Reading this thread got me to look at the policies at my local library. I was shocked to find "Patrons are not permitted to engage in the following behaviors on Library property:
* Carrying a weapon in the Library unless carried by an officer on duty
Well, I hope you don't mind me plagiarizing a bit but I used parts of the letter to Big Rapids but modified it as I am not officially with MOC but I love what you guys are doing for the cause of freedom. Seeing the need to make a wrong right below is what I sent:
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Ransom District Library
180 S. Sherwood Ave
Plainwell, MI 49080
Dear Katie Bell Moore:
As a local citizen, I am inquiring about the firearm ban in your library. My inquiry is regarding your unlawful prohibition of firearms by law abiding citizens. It is my hope that you just don't realize that your policy 12 is in direct violation of state laws and similar policies by other libraries have been shown in court that they violate citizen's rights and are not tolerated. Your policy is preempted by state law. The specific policy that is in violation is stated as follows:
Patrons are not permitted to engage in the following behaviors on Library property:
* Carrying a weapon in the Library unless carried by an officer on duty
As you may know in 1990, the Michigan legislature enacted MCL 123.1102 (
http://www.legislature.mi.gov/(S(ln...g.aspx?page=GetObject&objectname=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 fact the Michigan Court of Appeals ruled on this in City of Ferndale vs. MCRGO’s. This case involved a local library’s ban on firearms. The court decided that the library could not ban firearms as they were a part of a local government. Below are some excerpts from the decision.
THE MICHIGAN COURT OF APPEALS 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.
Therefore it has been decided in the courts and by statute that a public library cannot ban firearms. Therefore, I am asking you to advise your staff on this issue and if needed to remove any signage banning firearms from your libraries.
I ask that you respond with your compliance within 5 business days. Thank you for your cooperation in this matter.
With all due respect,
My name
Gun Plain Twp
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I will post any response. I might need your help if they refuse. If refused I will also contact MCRGO
http://www.ransomlibrary.org/ransom/policies.asp#Policy No. 12
