Draft letter
Big Rapids Community Library
426 S. Michigan
Big Rapids, MI
Dear Chairperson Jerena Keys:
As Research Director for Michigan Open Carry, Inc. (MOC.Inc). I am inquiring about the firearm ban in your library. Recently a citizen inquired about your unlawful prohibition of firearms and was told by the librarian and the police that the city has an ordinance against firearms in public buildings. Your policy and the city ordinance follows.
The Big Rapids Community Library also specifically prohibits possession of any of the following items on Library premises:
Any firearm, knife, or other weapon prohibited in a public place by the City of Big Rapids Ordinances.
§ 130.04 BREACH OF THE PEACE OFFENSES.
No person shall:
(K) Carry or otherwise possess a concealed dangerous weapon, including firearms, knives, brass
knuckles, black jacks or any other item designed primarily for the purpose of injuring other persons.
As you may know in 1990, the Michigan legislature enacted 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 decide in the courts and by statute that you cannot ban firearms from any public library. MOC, Inc. is 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.
