In the present case, it is readily apparent that the Ferndale ordinance regulates areas that §
1102 expressly prohibits. Section 1102 provides that a local unit of government shall not enact
an ordinance pertaining to the transportation or possession of firearms, but the city of Ferndale
does just that. Despite the clear language of the Legislature, amicus curiae contends in a
conclusory fashion that § 1102 should not preempt ordinances like the Ferndale ordinance
because the statute "is not clearly aimed at municipal control of activities within the confines of
its own public buildings." However, the language of § 1102 is broad and all-encompassing. A
state statute that prohibits a local unit of government from enacting "any ordinance or regulation"
or regulating "in any other manner" the transportation or possession of firearms cannot
reasonably be interpreted to exclude local ordinances that address the carrying of firearms in
municipal buildings. Indeed, in their brief defendants concede that under § 1102 local units of
government are prohibited "from enacting laws that concern ownership or possession of
firearms, 'except as otherwise provided by federal law or a law of this state.'" In sum, the
Ferndale ordinance is preempted by § 1102 unless it can be shown that such regulation is
permitted under under the language "except as otherwise provided by federal law or a law of this state"
in § 1102.13
Thus, our analysis turns to whether a law of this state otherwise permits a local unit of
government to regulate an area encompassed by § 1102.14 Defendants contend that § 5c of MCL
28.421 et seq. is "a law of this state" that does just that. Defendants argue, in essence, that § 5c,
which is part of the amendments of MCL 28.421 et seq. enacted in 2000, returns to local units of
government the power to enact and enforce an ordinance or regulation concerning the possession
and transportation of pistols or other firearms. In other words, defendants argue that what § 1102
prohibited, § 5c now permits by virtue of the language "except as otherwise provided by law."
We disagree.
…
…
IV. Conclusion
In sum, we conclude that § 1102 is a statute that specifically prohibits local units of
government from enacting and enforcing any ordinances or regulations pertaining to the
transportation and possession of firearms, and thus preempts any ordinance or regulation of a
local unit of government concerning these areas. …
Of course that's just your instructor pulling out all the stops to make sure you get your CPL. It doesn't take into consideration the idiots that want to scream and whine about it or arrest you for it. I'd love to see a lot more of it, maybe then people would get used to it, and either be alright with it, or stay the hell in their homes!
