Venator- would you mind posting what you sent to the township supervisor? I will try to get to the next meeting to follow up on this matter. Just looking for a reference point.
Thanks,
Kevin
Dear Ms. Miller:
My name is Brian Jeffs, Director of Research for Michigan Open Carry, Inc., and I want to inform you that Flint Township has enacted a unlawful firearm ban at public meetings and in public buildings, including the police department building lobby. This firearm ban from township meetings/buildings is in violation of Michigan law MCL 123.1102 which prohibits all local units of government from enforcing ANY firearm law, rules or restrictions stricter than those of the state.
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.
THE MICHIGAN COURT of APPEALS CONCLUDED: April 29, 2003 v No. 242237 (MCRGO v. Ferndale)
“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 v. Ferndale: The Michigan Court of Appeals held that local units of government may not impose restrictions upon firearms possession.”
In 2012 THE MICHIGAN COURT of APPEALS CONCLUDED: October 25, 2012 V No. 304582 (CADL V MOC, Inc.)
“We conclude that state law preempts CADL’s weapon policy to the extent that it attempts to regulate firearms contrary to the restrictions set forth in MCL 123.1102.”
I ask that the city rescind this unlawful firearm ban and remove any signage or notice that prohibits firearms from all public places. If you have any question for me please contact me via email.
I ask that you notify me with a response within 7 business days. I thank you for your time and effort in this regard.
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.
The following links provide the specific places where firearms cannot be carried.
Places a concealed firearm cannot be possessed:
http://www.legislature.mi.gov/(S(3pbzmc55ka0okqzv43efw0eq))/mileg.aspx?page=GetObject&objectname=mcl-28-425o Sincerely,
Brian Jeffs, M.S. C.P.G.
Director of Research
Michigan Open Carry, Inc.
