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To: FreeTally
Wouldn't this be like the City of Ferndale saying you can't drive in their city because a local law trumps a State Driver's license?

Not exactly. Ownership of the roads is a complex issue, with the U.S., state, county, and local governments each owning some roads and being responsible for maintenance of other roads. For example, the main roads through Ferndale are probably county roads. On the other hand, if they tried to require a special license before driving on the city streets, that might be a good parallel. They're trying to prevent licensed CCW on their own property.

Since this is a city trying to prohibit licensed CCW, it's a violation of the preemption statute. If this were a private company, OTOH, it would be perfectly legal.

9 posted on 06/13/2002 6:47:19 AM PDT by Chemist_Geek
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To: Chemist_Geek
On the other hand, if they tried to require a special license before driving on the city streets, that might be a good parallel

Thats what I meant. I wasn't clear enough. The State law, I'm sure, is clear that the legislature makes laws concerning the issue of State Driver's license. Apparently, Michican has preemption laws like we do here in Florida. The Fendale law is null and void, no matter what the judge says. If there is a Michigan Statute that explicitly states all gun laws are to be made by the State lagislature, then its no difference than the City claiming they have a "City driver's license". No city or county LEO in this country would attempt to ticket a driver for not having a "city" driver's license.

Miami-Dade county wrote some type of law requiring guns to be locked up at all times with a trigger lock,(or something like that), but it was immediately tsruck down and no person was arrested under the law. It seems as if some brave sole in Ferndale is going to have to get caught carrying concealed in a manner legal by State law(which would technically be impossible) and point at the State law and see where it leads.

11 posted on 06/13/2002 6:58:36 AM PDT by FreeTally
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