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Sample letter to legislature to ammend preemption

Venator

Anti-Saldana Freedom Fighter
Joined
Jan 10, 2007
Messages
6,462
Location
Lansing area, Michigan, USA
SAMPLE LETTER TO LEGISLATURE TO AMMEND PREEMPTION

I am writing to inform you about recent events threatening firearms rights in Michigan. As you may know, Michigan law (MCL 123.1102) preempts firearms regulations by local governments. The Capitol Area District Library (CADL) was awarded a permanent injunction that bans firearms possession in its facilities claiming the Library can do so because it is an “authority” and not a local government.

Judge Aquilina in the 30th Circuit Court for Ingham County, Michigan has ruled that “Authorities” are not preempted by state law and can ban firearms. Her decision in essence has stated that all a local unit of government has to do to by-pass state preemption is form an authority.

This Court decision has chilling implications for the Right to Keep and Bear arms in Michigan. Preemption could collapse as cities around the State create authorities that can ban firearms (Sidewalk Authorities, Park Authorities, City Building Authorities, Downtown Development Authorities, etc.). All public libraries in Michigan could become weapon-free school zones if the Court of Appeals upholds the circuit courts ruling.

This ruling flies in the face of the legislature’s intent to prevent local units of government from creating firearm laws more restrictive than the state and create a patchwork of contradictory laws. This ruling will make it impossible for a law-abiding citizen to learn every firearm law in every jurisdiction they may travel through within the state.

The case is being appealed by Michigan Open Carry, Inc. The CADL has also appealed the judge’s decision that the open carry of a handgun is not brandishing. Why a library is trying to pursue the brandishing issue I can only speculate. Keep in mind CADL is spending thousands of dollars in public money as they are almost 100% funded (About $12,000,000 a year) by taxes and traffic fines.

You need to amend MCL 123.1102 to include authorities and to amend the brandishing statute to exempt the lawful open carry of a firearm. If open carry is ruled to be brandishing it would affect the entire 2nd amendment community as well as reserve officers and armed security guards.

Please sponsor and/or support these amendments.

If you want future information please contact me. Our organization has access to a draft revised preemption law.

Sincerely,
 

stainless1911

Banned
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Dec 19, 2009
Messages
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Location
Davisburg, Michigan, United States
A couple suggestions if I may.

Dont tell them that "You need to ammend", they wont like being told what to do.

Adding definitions to preemption is NOT the right way to go about this. It just opens the door for someone else to subvert the law like CADL, and the Waterford Schools/Police have.

What we need to ask the legislature to do, is to remove the definitions to preemption instead, wording it in such a way as to include everybody paid by the taxdollar.
 

xmanhockey7

Regular Member
Joined
Jun 15, 2010
Messages
1,195
You need to amend MCL 123.1102 to include authorities and to amend the brandishing statute to exempt the lawful open carry of a firearm. If open carry is ruled to be brandishing it would affect the entire 2nd amendment community as well as reserve officers and armed security guards.

Why not have it say any person lawfully carrying a firearm? And/or have them put in a definition of brandishing into the law.
 

TheQ

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Aug 2, 2010
Messages
3,379
Location
Lansing, Michigan
It'd be a nice bonus if we had a bill number (we don't). That's how they think: Bill No./Support or defeat
 
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stainless1911

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Davisburg, Michigan, United States
If definitions are listed, then someone will someday find a way around it like they did with authorities. 100 years ago, the word authorities probably wasnt used to describe a .gov. 100 years from now, someone will come up with some new fenangled word to get around those rights again.
 

Venator

Anti-Saldana Freedom Fighter
Joined
Jan 10, 2007
Messages
6,462
Location
Lansing area, Michigan, USA
It's what I sent to mine. You gentle persons are free to modify, adopt or disregard as you feel fit.

I guess the idea was to make all the reps aware of what's going on. And then help them modify the statutes in a positive way.
 

Venator

Anti-Saldana Freedom Fighter
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Jan 10, 2007
Messages
6,462
Location
Lansing area, Michigan, USA
If definitions are listed, then someone will someday find a way around it like they did with authorities. 100 years ago, the word authorities probably wasnt used to describe a .gov. 100 years from now, someone will come up with some new fenangled word to get around those rights again.

In regards to preemption, the drafts written have more changes then just adding authorities. I believe a % of tax dollars is included regardless of what the entity is called. So if they receive a determined amount of public funds, they can't enact firearm laws, even if they are called a "Bazinga".
 

stainless1911

Banned
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Messages
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Location
Davisburg, Michigan, United States
Thats what Im concerned with here. If we got them to add "authorities" to the list, and didnt change a singe other word, then a school could say, "We are not on the list", or someone someday could create a "Bazinga" and get around it again.

Cool word BTW.:cool:
 

Gort

Regular Member
Joined
Feb 4, 2010
Messages
104
Location
Newport, Michigan, USA
Local unit of Government, Is defined in the state Constitution, and Authorities are included.

Looks like authorities fall under state preemption ?

STATE CONSTITUTION (EXCERPT)
CONSTITUTION OF MICHIGAN OF 1963

§ 33 Definitions applicable to sections 25 to 32.
Sec. 33.
Definitions. The definitions of this section shall apply to Section 25 through 32 of Article IX, inclusive.
“Total State Revenues” includes all general and special revenues, excluding federal aid, as defined in the budget message of the governor for fiscal year 1978-1979. Total State Revenues shall exclude the amount of any credits based on actual tax liabilities or the imputed tax components of rental payments, but shall include the amount of any credits not related to actual tax liabilities. “Personal Income of Michigan” is the total income received by persons in Michigan from all sources, as defined and officially reported by the United States Department of Commerce or its successor agency.
“Local Government” means any political subdivision of the state, including, but not restricted to, school districts, cities, villages, townships, charter townships, counties, charter counties, authorities created by the state, and authorities created by other units of local government. “General Price Level” means the Consumer Price Index for the United States as defined and officially reported by the United States Department of Labor or its successor agency.

http://www.legislature.mi.gov/(S(ro...-Article-IX-33&query=on&highlight=authorities
 

TheQ

Regular Member
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Aug 2, 2010
Messages
3,379
Location
Lansing, Michigan
Local unit of Government, Is defined in the state Constitution, and Authorities are included.

Looks like authorities fall under state preemption ?

STATE CONSTITUTION (EXCERPT)
CONSTITUTION OF MICHIGAN OF 1963

§ 33 Definitions applicable to sections 25 to 32.
Sec. 33.
Definitions. The definitions of this section shall apply to Section 25 through 32 of Article IX, inclusive.
“Total State Revenues” includes all general and special revenues, excluding federal aid, as defined in the budget message of the governor for fiscal year 1978-1979. Total State Revenues shall exclude the amount of any credits based on actual tax liabilities or the imputed tax components of rental payments, but shall include the amount of any credits not related to actual tax liabilities. “Personal Income of Michigan” is the total income received by persons in Michigan from all sources, as defined and officially reported by the United States Department of Commerce or its successor agency.
“Local Government” means any political subdivision of the state, including, but not restricted to, school districts, cities, villages, townships, charter townships, counties, charter counties, authorities created by the state, and authorities created by other units of local government. “General Price Level” means the Consumer Price Index for the United States as defined and officially reported by the United States Department of Labor or its successor agency.

http://www.legislature.mi.gov/(S(ro...-Article-IX-33&query=on&highlight=authorities

MCL 123.1101 defines Local Unit of Government for purposes of MCL 123.1102.
 

Gort

Regular Member
Joined
Feb 4, 2010
Messages
104
Location
Newport, Michigan, USA
MCL 123.1101 defines Local Unit of Government for purposes of MCL 123.1102.

I not a Lawyer, but the Michigan Constitution defines what is a Unit of government and Local unit of government in this section.
I don't know if the Michigan Constitution says this only applies to this section of government and not others.
But, I do think this would apply to all laws, in reference to Local Units Of Government. ?
 
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Haman J.T.

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Feb 5, 2008
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Amend the definition of local gov to include "any public entity created by local governments and recieving tax funds". Simple enough to cover it?
 

DrTodd

Michigan Moderator
Joined
Jun 20, 2008
Messages
3,272
Location
Hudsonville , Michigan, USA
In regards to preemption, the drafts written have more changes then just adding authorities. I believe a % of tax dollars is included regardless of what the entity is called. So if they receive a determined amount of public funds, they can't enact firearm laws, even if they are called a "Bazinga".

Would Walmart be considered a local unit of government? They get tax breaks, loans, not to mention the govt supported highways which is the main reason they can even be in business to the degree they are. How about my neighbor on social security... or people on unemployment? ;)
 

kubel

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I not a Lawyer, but the Michigan Constitution defines what is a Unit of government and Local unit of government in this section.
I don't know if the Michigan Constitution says this only applies to this section of government and not others.
But, I do think this would apply to all laws, in reference to Local Units Of Government. ?

As I understand it, when a law goes as far as to define something, it's definition can only be used in the scope of that law. The CADL matter will not be resolved until MCL 123.1101 is replaced with something that defines all tax payer funded / public property.
 
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