Village park possession.

[TMB]

First off I'd like to say Hi. I have been stopping by to brouse from time to time and finally decided to join the discussion.

I carry both concealed since 2004 and open on a more limited basis in the last year. I have carried in the U.P. and Saginaw, Sanford, Gladwin area with no problems to date. Recently when reading the ordinances for the Village of Holly where I live I found the following
1-04-01-210 Firearms
No person, unless he is a police or peace officer on official duty, shall bring into any park, or have in
his possession, or discharge or set off anywhere in any park, a revolver, pistol, shotgun, rifle, air
gun, or any gun, rifle, firearm, or bow, or any weapon that discharges projectiles either by air,
explosive substance or any other force, subject, however, to the right of the village council to
sanction organized lessons.
(Ord. No. 58, 8-9-77; Ord. No. 143, 7-24-84)

When I called to ask about this I was told by the chief of police that he had discussed this with the village attorney and they had decided that it was ok to ban firearms and until they were told by a judge in court after the lawsuit this is the way it is.

My question to you is can they do this? He did say that he had no problem with it anywhere else in town.

[lil_freak_66]

Id have them read MCL:123.1102

If they still refuse,then get in contact with the appropriate MOC coordinator for that area.

Probably expect to attend city council meetings,if for some reason that does not work,then court comes into play.

[Agent1]

Maybe you should put together a little picnic. That has always seemed to get the message across in the past. Which is best suited, Crapo Park or Lakeside? Finally maybe a picnic close enough for me to make it.

[Advanced Security]

I'm close enough to Holly.  I'd dig on a picnic. If dates line up, I'll be there.

Jeff

[TheQ]

I'm close enough to Holly.  I'd dig on a picnic. If dates line up, I'll be there.

Jeff

I too would consider going.

[TMB]

I have written to the Village council detailing the problem with this ordinance and the possibility of a costly lawsuit for the village if they were to attempt enforcement of said ordinance. I will await there response before pursuing another method.
I did notice two very slow drive by's yesterday afternoon by the local PD. when I was in the yard.

TMB

[TMB]

Below is the response from the Village. I will keep you informed.

Dear Mr. ,

The ordinance you refer to was first enacted in the 1970's, and upon your noting this potential conflict to the police department last week, a formal request for review of the ordinance for possible re-dress was made with the Village Attorney.

At this time the Village attorney is conducting that review, I would mention that the police department has not issued a violation for this ordinance in more than 15 years.

I would be happy to keep you informed of further developments in this regard or watch the Village Council meeting minutes for any updates or changes in ordinances.

Respectfully,

Rollie W. Gackstetter, Chief of Police

[fozzy71]

.....
I would mention that the police department has not issued a violation for this ordinance in more than 15 years.
.......

It sounds like a few people may have been improperly charged with an offense, in the early 90's.