The preemption act of 1990 says that gun control laws are a STATE issue. Cities can not have stricter gun laws than the state.
And this damn judge already made his mind up before it started from what we've seen here.
We ARE APPEALING this, and we SHOULD win.
Lastly, anyone in Oakland County - PLEASE vote against Judge McDonald.
Do what scares any judge even thinking of following in his footsteps most - investigate Judge McDonald's "past" at your county courthouse (for messy divorces, paternity suits, "love children," DUIs, drug problems, or tax liens), and then blab your findings all over local talk radio and the Internet!
There is nothing a judge fears more than that his kid will hear about Daddy's dope problem or that his new wife will learn that he beat his last wife from talk radio or from classmates.
Larryflynt the guy.
Scandals of antigun politicians - with how-to guide to "outing!"
On to the Appeals Court.
Any chance that he himself packs a pistol? That would be an interesting bit to pass around...
Dan, do you think that the opinion, and MCRGO's written arguments, will be available on the Web?
I have to re-check with the office; I never received the alert e-mail. I found out about the dismissal here.
Ferndale gun ban stands
But buildings may not stay weapon-free for long
June 13, 2002
BY BILL LAITNER
FREE PRESS STAFF WRITER
A judge's ruling upholding Ferndale's right to ban handguns from city buildings had the city's leaders jubilant Wednesday.
The ruling by Oakland Circuit Judge John McDonald could help similar ordinances pass in other cities such as Livonia and Novi, which have considered passing their own versions.
But lawyers for a gun-rights group that filed suit against Ferndale last year said they'd appeal the ruling in Oakland County Circuit Court. And a ruling handed down by the U.S. Supreme Court this week could strengthen their case.
"You'd better believe we'll appeal," said Ross Dykman, a lawyer who heads the Lansing-based Michigan Coalition for Responsible Gun Ownership, an affiliate of the National Rifle Association.
"We have state residents licensed by Michigan to carry concealed firearms and Ferndale's saying, 'Well, just not in our buildings.'
"That's unconstitutional and just wrong," Dykman said.
But according to the state law cited by Karie Boylan, a Livonia lawyer retained by the city, local municipalities "can enact and enforce ordinances and resolutions for the care, protection, control and management" of city-owned buildings.
Michigan's Concealed Pistol Law, which went into effect last year, says a person issued a concealed weapons permit can carry a handgun anywhere in the state except in churches, schools, hospitals, sports arenas, college dormitories and establishments serving alcohol. The day after the law went into effect, Michigan's court system passed an administrative order banning weapons in courtrooms and courthouses.
But nothing protects city workers, who sometimes face irate residents, said Ferndale City Manager Tom Barwin.
"This is a huge victory for home rule, local government and most important, public safety and homeland security. The state cannot preempt us from protecting our employees," Barwin said.
Ferndale City Librarian Mary Trenner said she and other library workers have supported City Hall's attempt to keep guns out.
"I don't think guns should be in places with little children," Trenner said. She said she has shared a concern about patrons bearing arms with library directors in other cities.
But a ruling handed down by the U.S. Supreme Court this week could give new life to opponents of Ferndale's ordinance.
On Monday, the court declined to hear two cases in which the Justice Department had said the right to bear arms applies to more people than those in state militias.
That broader view of the Second Amendment, expressed earlier by U.S. Attorney General John Ashcroft, has been denounced by gun-control advocates and praised by the National Rifle Association. If future court decisions support the broader view, future attempts at gun control could be stymied, some advocates have said. The Michigan United Conservation Clubs, which represents more than 80,000 sports enthusiasts, is likely to become a party to the appeal of the lawsuit against Ferndale, said Sam Washington, its executive director.
Washington said Wednesday that the demands for better homeland security make it more important that people be allowed to carry guns in more places.
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