Posted on 06/12/2002 10:47:05 PM PDT by Dan from Michigan
MCRGO members,
Today our lawsuit against the City of Ferndale was dismissed by Judge MacDonald of the Oakland County Circuit Court, despite us having valid Michigan law and even an Attorney General's opinion on our side. We cited the Michigan CCW law in which the legislature intended for all permit holders to be able to carry in all areas not set off-limits by the legislature, and we cited the pre-emption statute passed by the legislature in 1990 where they struck down all city and county gun bans identical to the one that ferndale passed. We even showed how the Michigan legislature considered banning firearms from city buildings but voted it down. By comparison, the City of Ferndale's attorney didn't make much of an argument at all and the judge had a written opinion and the dismissal order already prepared this morning before the arguments were even presented so it was obvious that the judge's mind was made up before we even got to court.
Of course MCRGO is going to appeal this case. We feel that our case is strong enough to warrant appellate review and we expect to win on the merits when we get before a state appellate panel instead of an elected judge. Of course we also can't afford not to appeal, because if we let Ferndale have this victory, many other local units of government will place their buildings off limits to every law-abiding CPL holder. So for our continued freedom to carry, we're going forward.
That said, we need more money to push the fight to the next level. If you can help out at all--even a few dollars--please send it to MCRGO Civil Rights Legal Defense Fund, P.O. Box 14014, Lansing, MI 48933
This is a fight that will shape your rights and your ability to carry, so please help us help you and send a donation as soon as you can!
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...
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.
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.
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.
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.
Every person has a right to keep and bear arms for the defense of himself and the state.
I think that between the two, it's pretty clear that Ferndale's attempt to bar licensed CCW from public property will not stand. However, we need the lawsuit and lawyers to convince judges to smack the City Council back into its place. I'm confident that this ordinance (and its costly defense!) will be made an issue in the next Ferndale election...
Thank you Registered!
This is just so silly, I can't believe it. This isn't even an area where it can be claimed the law is vague or something. It sounds like that there were other such laws in place in 1990, but were all slapped down when the preemption law was made.
I wonder if the State, once slapping down this judge, could allow the City to be sued by anyone arrested under this illegal law? I personaly would hold the judge liable in civil court, but our rulers will never allow that.
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