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I followed up my meeting with city council with this letter to the Chief of Police, Warren Evans. I ask everyone to email Mr. Evans and the city council with your feelings in regards to theses ordinances. All contact emails are listed on the City of Detroit's website.
http://www.ci.detroit.mi.us/
Dear Mr. Evans,
Below is a copy of a letter I presented to the City Council, and the legal department on January 7, 2009 at the City Council Meeting. I received less then favorable response to getting the ordinances removed to comply with state law. I am aware that this is not something you are responsible for as it will take a council vote to amend the ordinances. I am contacting you to discuss the police departments knowledge of the state preemption law, the ordinances it effects, and the police departments training and knowledge of the legal methods of carrying a firearm, open carry and concealed carry with a concealed pistol license, in the city of Detroit. I have watched video of citizens having interactions with your officers that I’m sure you’ll agree are less then desirable for the city of Detroit, the individuals involved, and for us citizens who could be next. I would like the opportunity to sit and discuss this with you personally. I may be reached at 586-***-****
Sincerely,
sprinklerguy28
January 7, 2009
Dear Detroit City Council, Detroit police department,
While researching the Code of Ordinances for Detroit, I came across the following,
ARTICLE X. WEAPONS
*Case law annotations: Regulation of firearms is not preempted by state law; Detroit v. Judge, Recorder's Court, 56 Mich. App. 224, 223 N.W. 2d 722 (1974).
Cross references: Replica or facsimile firearms, § 38-16-1 et seq.
State law references: Firearms and weapons generally, MCL 28.421 et seq., 750.222 et seq.; MSA 28.91 et seq. 28.419 et seq.
Sec. 38-10-58. Transportation in vehicles; carrying in public.
It shall be unlawful for any person to carry a pistol concealed on or about his or her person, or whether concealed or otherwise, in a vehicle operated or occupied by him or her, contrary to the State Concealed Weapons Licensing law. Except for a pistol carried or transported lawfully under the State Concealed Weapons Licensing Law, it shall be unlawful for any person to carry a firearm on any public street or in a public place unless it is unloaded and in a case, or to transport or have in or upon any vehicle occupied by him or her any firearm unless the firearm is unloaded in both barrel and magazine and is taken down, enclosed in a case, carried in the luggage compartment of the vehicle or inaccessible from the interior of the vehicle.
Sec. 38-4-11. Possession or concealment of weapons in city buildings prohibited.
Under the 1990 state preemption law (MCL 123.1102, outlined in brief attached), these ordinances are unenforceable in regard to firearm possession and transport. Furthermore, the existence of these ordinances, being in conflict with the law of the State of Michigan, is misleading to the people of Detroit, and other citizens who may visit the city.
I am requesting this article heading and theses ordinances be amended within 90 days to comply with MCL 123.1102. Failure to amend this ordinance could be considered an act of malfeasance as it willfully misinforms the public of what is and is not allowed in the city of Detroit. I request the opportunity to be heard in front of council, and look forward to your resolution and response when this ordinance is amended.
Thank you,
sprinklerguy28
address
phone #
Michigan Legislature 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
http://www.legislature.mi.gov/(S(3uzohtmics2b4u45avhaptfn))/mileg.aspx?page=GetObject&objectname=mcl-123-1102