The Honorable Mayor, Jim Ellison
Donald E. Johnson, City Manager
David Gillam, City Attorney
Michael Andrzejak, City Commissioner
Patricia Capello, City Commissioner
Terry Drinkwine, City Commissioner
David J. Poulton, City Commissioner
Jim Rasor, City Commissioner
Charles Semchena, City Commissioner
City of Royal Oak, MI
I am writing you today in regards to Commission Letter #348-10. I have included information provided in previous communications.
Thank you for addressing the Royal Oak Civil Emergencies Ordinance (251-5). I have concerns with proposed changes as shown on page three (3) of this letter, detailed by the following:
1. Proposed Ordinance Provision 251-5 A7 (previously 251-5 G) conflict with Michigan Firearm Preemption Law (MCL 123.1102) in terms of Sale and Transfer of Firearms and Ammunition.
2. Proposed Ordinance Provision 251-5 A8 (previously 251-5 H) is in conflict with Michigan Firearm Preemption Law (MCL 123.1102) in terms of Sale and Transfer of Firearms and Ammunition.
For reference purposes, I have included the text of the Michigan Firearm Preemption Law (MCL 123.1102):
123.1102 Regulation of pistols or other firearms.
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.
While I applaud the change to bring Royal Oak Civil Emergencies Ordinance (251-5) into line with what is allowable under the Michigan Emergency Powers of Governor (MCL 10.31), I believe the original conflict raised with Michigan Firearm Preemption Law (MCL 123.1102) has yet to be addressed.
Please contact me with any questions about this information.
Sincerely,
PDinDetroit
cc:
Christopher M Jahnke