MI_XD
Regular Member
When getting ready to go to a picnic at Ionia County's Bertha Brock Park, I checked their rules and found that they ban firearms from the park. As this looks to be promoted as a county park, I sent this to their email contact: berthabrock@triton.net
(Anyone in the Ionia area that would be able to check up on this?)
"While viewing your website for information about Ionia County’s Bertha Brock Park I noticed that your Park Regulations contain a rule that is not in compliance with State of Michigan Laws.
Item # 6 states: “No firearms allowed within this park except designated area and then only at times when shooting is supervised.”
You should be aware that in 1990 the Michigan Legislature passed MCL 123.1102, which states:
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.
During the Past Decade the City of Ferndale challenged the law by enacting and enforcing a city ordinance prohibiting Firearms in their city owned public library. Michigan Coalition for Responsible Gun Owners (MCRGO) brought suit against the city. The Michigan Court of Appeals found for MCRGO and struck down the city ordinance. In part the Court of Appeals found:
In sum, we conclude that § 1102 is a statute that specifically prohibits 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.
As this regulation is clearly in violation of MCL 123.1102, I request that you remove that rule from your listing of regulations on your web site, and on the grounds, so that you will then be in compliance with State Law.
I look forward to your response that this has been remedied.
Sincerely,
Me... MI_XD"
I will post any response that I receive.
MI_XD
(Anyone in the Ionia area that would be able to check up on this?)
"While viewing your website for information about Ionia County’s Bertha Brock Park I noticed that your Park Regulations contain a rule that is not in compliance with State of Michigan Laws.
Item # 6 states: “No firearms allowed within this park except designated area and then only at times when shooting is supervised.”
You should be aware that in 1990 the Michigan Legislature passed MCL 123.1102, which states:
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.
During the Past Decade the City of Ferndale challenged the law by enacting and enforcing a city ordinance prohibiting Firearms in their city owned public library. Michigan Coalition for Responsible Gun Owners (MCRGO) brought suit against the city. The Michigan Court of Appeals found for MCRGO and struck down the city ordinance. In part the Court of Appeals found:
In sum, we conclude that § 1102 is a statute that specifically prohibits 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.
As this regulation is clearly in violation of MCL 123.1102, I request that you remove that rule from your listing of regulations on your web site, and on the grounds, so that you will then be in compliance with State Law.
I look forward to your response that this has been remedied.
Sincerely,
Me... MI_XD"
I will post any response that I receive.
MI_XD