Author Topic: Lansing Illegal firearm ordinances  (Read 27170 times)

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Offline TheQ

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Re: Lansing Illegal firearm ordinances
« Reply #20 on: September 28, 2010, 11:04:57 PM »
lil_freak and I will be attending the Lansing City Council meeting on Oct. 4 @ 7:30 PM @ City Hall (PFZ -- Courthouse).  Support/attendance from fellows always appreciated.

Topic:

http://library1.municode.com/default-now/DocView/13231/1/33/54?hilite=firearm;firearms;

Specifically sections .03, .05, and .06
I Am Not A Lawyer (nor a gunsmith).

Offline lil_freak_66

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Re: Lansing Illegal firearm ordinances
« Reply #21 on: September 29, 2010, 02:50:53 PM »
Id personally like to see 696.1 modified to allow the discharge of bb/airsoft guns and slingshots for recreational shooting programs too...but im not too concerned about that one.


Here is the address to the city hall.

10th Floor of City Hall, 124 W. Michigan Avenue Lansing MI
« Last Edit: September 29, 2010, 02:56:37 PM by lil_freak_66 »
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 TheQ

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Re: Lansing Illegal firearm ordinances
« Reply #22 on: October 03, 2010, 08:52:46 PM »
I have prepared a statement, about 4 minutes in length, that I will read to the council tomorrow evening:

Quote
Honorable Council members,

Citizens have worked with city councils around Michigan to remove illegal ordinances pertaining to the lawful possession of firearms that are not enforceable from their books.  I come before you today to do the same.  I come before you not in possession of my firearm today because City Hall is attached to a court, which the Michigan Supreme Court has decreed may be considered a Firearm Free Zone under penalty of contempt of court.

My fellows and I have sent communications to the City Council, the Mayor's office, the Chief of Police's office, and the City Attorney's office.  To date, we have received replies from the Chief of Police that she is working with the City Attorney's office.  We have also received correspondence from the City Attorney’s office stating the ordinances are not enforceable and that he has communicated as much to the Lansing Police Department.  Sadly, to date, we have received no communication from anyone on the city council nor the Mayor's office.

As mentioned in the handouts I have given you which are a copy of my email to the Mayor, Lansing City Ordinances 696.02, 696.03, 696.05, and 696.06 are ipso facto void per 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.

We recognize 696.02 offers sub-section (c) which makes it not in conflict with State law, but also makes the ordinance very misleading and put the onerous task of knowing the State law and knowing about MCL 123.1102 on to the citizen.  Only by knowing this state law would a citizen know these ordinances are unenforceable.

Since the Chief of Police and City Attorney acknowledge these ordinances are unenforceable the only conceivable reasons they remain on the books are:
1) If the State revokes 123.1102, these ordinances instantly become enforceable.
2) Mislead law abiding citizens about the legality of possessing a firearm.
3) Allow prosecuting authorities to prosecute people who are less educated about State law and whose lawyers are not specialized in firearm laws.

If the reason is #1 and the council so strongly agrees with these illegal laws, there should be no political obstacle for the council to re-enact these ordinances if it becomes legal to do so at a time in the future.  I would hate to believe that such an injustice as #3 would even happen in our great city.  Therefore, the only reason left is the council would leave these laws on the books is to mislead the public.  I cannot imagine that my city council would wish to mislead the public.  Therefore, I choose to believe not all of you have been informed of the situation or read the email I sent to the council.  I come before you today to ask you to revoke these ordinances and show the public you are not out to mislead them.

I'd be happy to provide copies of the emails I have sent to any interested parties.  I can be reached by email at XXXXXXXXXXXXXX.  I thank the council for their time and look forward to working with the council in the future to bring Lansing's laws in compliance with State Law.
« Last Edit: October 03, 2010, 11:47:27 PM by TheQ »
I Am Not A Lawyer (nor a gunsmith).

Offline emt805

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Re: Lansing Illegal firearm ordinances
« Reply #23 on: October 03, 2010, 11:45:28 PM »
The only thing is a typo? #3 is #2 twice not sure if that is just on this site or your handout as well

Offline TheQ

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Re: Lansing Illegal firearm ordinances
« Reply #24 on: October 03, 2010, 11:47:59 PM »
The only thing is a typo? #3 is #2 twice not sure if that is just on this site or your handout as well

Corrected, thank you.  It was correct in my handout but something was lost in the copy/paste.
I Am Not A Lawyer (nor a gunsmith).

Offline scot623

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Re: Lansing Illegal firearm ordinances
« Reply #25 on: October 04, 2010, 09:06:51 PM »
Good speech. Let us know how it goes.

Offline lil_freak_66

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Re: Lansing Illegal firearm ordinances
« Reply #26 on: October 04, 2010, 11:04:50 PM »
Lansing said they arent even going to look into it.
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 autosurgeon

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Re: Lansing Illegal firearm ordinances
« Reply #27 on: October 04, 2010, 11:31:32 PM »
Ah yes I forgot Lansing is above the law as Virg is there  ::)
Anything I post may be my opinion and not the law... you are responsible to do your own verification.

Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

Offline TheQ

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Re: Lansing Illegal firearm ordinances
« Reply #28 on: October 07, 2010, 04:04:16 PM »
http://citytv.pegcentral.com/player.php?video=b61ae2548eb12e50f6216f4b62977f0a

1:54:00

I didn't prep well, so I was reading it.  Ergo, mostly what you see is the top of my head...
I Am Not A Lawyer (nor a gunsmith).