I believe many municipalities leave their illegal ordinances/policies on the books.. and even trot them out with signs on occasion... knowing full well they are "actively" unenforceable... hoping the general public will simply take the ordinance/policy at face value with the implied force of law behind it and voluntarily comply in fear of being arrested thereby "passively" enforcing an illegal ordinance/policy... but still enforcing it.
I am considering adding the following to future communications with municipalities that have illegal ordinances on the books.
----------------
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/(S(qi...g.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
Please note that MCL 123.1102 mentions "enforce any ordinance or regulation" but does not specify whether the method of enforcement would be active or passive.
"Active" enforcement would be an arrest that stops the offending behavior but "passive" enforcement would be signs or ordinances/policies on the books to be read by the public that causes the behavior to be stopped voluntarily in fear of being arrested... but because the end result by both is the "enforcing" of the ordinance/policy (forcefully by arrest or voluntarily in fear of being arrested) the ordinance/policy, simply by being on the books available for the public to view, is being... "enforced". Which is in direct violation of MCL 123.1102.
And because ordinances/policies that violate MCL 123.1102 left on the books (after the municipality has been notified said ordinances/policies are violations) would deny a person's legal rights through passive enforcement the following would be applicable:
LAW ENFORCEMENT (EXCERPT)
Act 158 of 1966
752.11 Upholding or enforcing the law; duty of public officials.
Sec. 1.
Any public official, appointed or elected, who is responsible for enforcing or upholding any law of this state and who wilfully and knowingly fails to uphold or enforce the law with the result that any person's legal rights are denied is guilty of a misdemeanor.
History: 1966, Act 158, Eff. Mar. 10, 1967
LAW ENFORCEMENT (EXCERPT)
Act 158 of 1966
752.12 Penalty.
Sec. 2.
Any person convicted of violating this act shall be punished by a fine of not more than $1,000.00 or imprisonment for not more than 1 year, or both.
History: 1966, Act 158, Eff. Mar. 10, 1967
Act 158 of 1966 can be viewed in it's entirety here:
http://www.legislature.mi.gov/(S(yy...page=GetObject&objectname=mcl-Act-158-of-1966