Author Topic: Huron County Parks banning guns???  (Read 6644 times)

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Huron County Parks banning guns???
« on: August 19, 2010, 09:45:25 AM »
Hi,  I've been a CPL holder for many years but I've just recently heard of your organization.  I am, of course, in favor of preserving all of my constitutionally guaranteed rights and while looking into a day trip to Caseville I noticed, what I believe, is a voilation of Michigan law.  Rule #4 prohibits "Firearms" within the park.  Am I missing something?  Is this somehow OK?  With the success of Arts Beats & Eats in Royal Oak I'm inspired to try to get this changed and any advise on how to proceed would be appreciated.

Thanks

Huron county parks website: http://www.huroncountyparks.com/Park_Rules.php
 

HURON COUNTY PARK

Rules and Regulations

The Huron County Park Trustees reserve the right to have anyone removed from the Park if they should violate any of the rules or regulations.  A person who violates the posted rules or regulations is guilty of a misdemeanor punishable by imprisonment or fine, or both.

4.   Firearms, air guns, firecrackers, fireworks, and bow and arrows are prohibited within the park, except where designated or during special events. No hunting on any County Park property.


Offline lil_freak_66

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Re: Huron County Parks banning guns???
« Reply #1 on: August 19, 2010, 01:30:13 PM »
they are violating Michigan's preemption law, MCL:123.1102

Show them that law,then request that the firearms portion be removed.if they refuse,thats where MOC would likely step in.
My opinions are my own and do not necessarily reflect those of  Michigan Open Carry Inc, any other organization, group, person or the law of this or any other municipality,state or country unless otherwise stated.

Offline northofnowhere

  • Posts: 281
Re: Huron County Parks banning guns???
« Reply #2 on: August 19, 2010, 06:01:52 PM »
IHeartBillOfRights,

    lilfreak has given you the basis of a good start.  That simple bit of law should be all you need to get started.  If you get nowhere after getting the right information to the right people, please contact your local MOC Regional Coordinator and he will either help you or get someone to assist you in the next course of action.  Keep in mind government moves slow, so any snail mail or email correspondence you give the parks, please give them adequate time to respond.   Always keep your correspondence professional and courteous.  Contact information via email is available for all coordinators on the MOC homepage under "Contact" on the front page of www.miopencarry.org.

-northofnowhere
Jason E. Reese aka northofnowher

Re: Huron County Parks banning guns???
« Reply #3 on: August 19, 2010, 08:28:39 PM »
Thanks for the information.  I'll post back here any progress along the way.

Offline TheQ

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Re: Huron County Parks banning guns???
« Reply #4 on: August 19, 2010, 09:01:01 PM »
Err -- I originally posted this in the wrong thread.

I submitted an email today on your behalf on this matter (below).  You will want to follow up with one of your own, since you're more personally vested.  I BCC'd various members of MOC, including: SE Regional Coordinator, President, and venator.  Our President responded in support.

Quote
Ms. Koss,

I am writing you because you appear on the Administrative Contact information for the huroncountyparks.com domain name.

(http://www.networksolutions.com/whois-search/huroncountyparks.com)

The web form on the contact us page (http://huroncountyparks.com/page3.php) appears broken, so I am reaching out to you to relay my message to the appropriate governing body for the County Parks.


A member of my group was reviewing your park rules prior to a stay and came across rule #4:

4. Firearms, air guns, firecrackers, fireworks, and bow and arrows are prohibited within the park, except where designated or during special events. No hunting on any County Park property.

As a County Park, the park is a publically owned property and thus the rules are a form of local government ordinance.  This much is made clear when you state on the rules page criminal fines may be imposed for violation.  As such, rule #4 violates Michigan State Law, specifically 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.

http://www.legislature.mi.gov/%28S%28cj5o0vmsaetnow45tnskhb45%29%29/mileg.aspx?page=getObject&objectName=mcl-123-1102

I'd encourage you to review the law and consult your legal council of choice regarding the law and the enforceability of your rule.  If you'd like, I can arrange for someone to come and speak with your governing body about MCL 123.1102 and how it applies to local governments' ability to regulate the carry/possession of firearms.  PLEASE ALSO BE AWARE, attempts to enforce the firearms related segment of rule #4 with a detention performed by a Law Enforcement officer will likely subject the County to VERY costly civil liability for unlawful detention.

Please feel free to write me via email or call with the contact information provided if you have any questions.

Most Sincerely,
I Am Not A Lawyer (nor a gunsmith).

Re: Huron County Parks banning guns???
« Reply #5 on: August 23, 2010, 05:43:40 PM »
Thanks!

I was struggling with the wording of such a letter so thank you for posting yours.  I will borrow heavily from your letter though not to the point of plagiarizing :)

Thanks again,

Jeff