[answerguy]

http://courtofappeals.mijud.net/documents/OPINIONS/FINAL/COA/20030429_C242237_47_242237.OPN.PDF

The state appeals court has overturned the city of Ferndales law not allowing CCW on city property. Michigan has a law that forbids local units of government from enacting laws restricting guns but Ferndale went ahead anyways.

[Standing Wolf]

Laws were meant to be broken, right? Even cities have bad attitudes, I guess.

[Blackcloud6]

This is good. Glad we have the preemption clause in out Constitution her in Michigan.

[ahadams]

good job Michigan!:)

[cuchulainn]

http://www.detnews.com/2003/metro/0305/01/c01-152160.htmCourt nullifies Ferndale gun ban

Panel rules city usurps authority of Legislature

By David Shepardson / The Detroit New

FERNDALE -- The Michigan Court of Appeals struck down Ferndale's ban on carrying concealed weapons in city buildings, a ruling closely watched by communities across the state.

A unanimous three-judge panel said only the state Legislature has the authority to allow cities to bar holders of concealed weapons from their buildings.

"Indisputably, if not pre-empted by state law, this ordinance would be a lawful exercise of the city of Ferndale's power," Judge Joel Hoekstra wrote in a 10-page opinion.

Ferndale enacted the law to bar guns from municipal buildings such as City Hall, the animal shelter building, the library, the community center and the summer youth recreation building in November 2001. It hasn't issued any citations for violations.

Ferndale Mayor Robert Porter noted that the Michigan Supreme Court issued a rule in May 2001 that bans concealed weapons in its courtroom and allows lower courts to do the same.

"It's a double standard," Porter said. "Cities ought to be allowed to determine whether people are going to carry concealed weapons into libraries or community centers."

Former Michigan House Speaker Charles Perricone, who is director of the Michigan Coalition for Responsible Gun Owners, said the ruling is a victory for gun advocates. "The fact is local governments can't pass laws that supercede state statutes."

In 1990, the state Legislature overturned 40 municipal gun-control laws when legislators decided they had the sole authority to determine gun regulations.

The ruling puts in limbo other weapons bans carried out by cities such as Detroit, East Lansing, Saline and Hastings, gun-rights advocates said. Ferndale said it won't be able to enforce the ban until the state Supreme Court decides whether to hear the case.

Under the old law, people had to demonstrate a need to receive a permit to carry a concealed weapon, such as being a private investigator or having a job that required carrying large amounts of cash.

In 2001, Michigan joined 32 other states in requiring county gun boards to issue permits to all people who pass background checks. The law prohibits concealed weapons in schools, stadiums, bars, churches, day-care centers, hospitals and colleges -- but not in city buildings.

You can reach David Shepardson at (313) 222-2028 or dshepardson@detnews.com.

Copyright © 2003
The Detroit News.

[Leatherneck]

"It's a double standard," Porter said. "Cities ought to be allowed to determine whether people are going to carry concealed weapons into libraries or community centers."
No, Your Honor; what you propose is a double standard: one rule for Ferndale, one for everybody else. Typical pol. :barf:

TC
TFL Survivor

[answerguy]

"Calling the ruling "just balderdash," Ferndale Mayor Bob Porter said the
city will appeal to the Michigan Supreme Court and would leave up signs
banning guns from city buildings."

http://www.freep.com/news/locoak/gun1_20030501.htm

A certain waste of taxpayers money!