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Gun owners group plans to sue Ferndale over ordinance
Josey1
Member Posts: 9,598 ✭✭
Gun owners group plans to sue Ferndale over ordinance The Associated Press11/29/01 11:17 PMFERNDALE, Mich. (AP) -- The leader of a statewide gun owners group says it plans to sue this Detroit suburb over an ordinance that prohibits concealed weapons licensees from bringing guns into city buildings. Ross Dykman, executive director of the Michigan Coalition for Responsible Gun Owners, said the new ordinance violates a 1990 state that forbids cities from making laws that supersede state laws. Ferndale cannot prevent licensees from bringing guns into areas that aren't restricted under state law, Dykman told The Daily Tribune of Royal Oak for a story Thursday. "I would urge you to let this (ordinance) go," he told the City Council this week. "It is targeted at the wrong people." But city officials say they will not back away from the issue. Ferndale passed the ordinance earlier this month in response to a state law that eased requirements for people to obtain concealed weapons permits. The law went into effect July 1. The state law allows residents at least 21 years old to obtain permits as long as they have not been convicted of a felony or selected misdemeanors or have a history of mental illness. The law bans concealed firearms from schools, day care centers, college campuses, hospitals, casinos, bars, churches, sports arenas and stadiums. The gun owners group anticipated that a city or county would try to pass an ordinance banning guns in additional places, Dykman said. "We've been planning to take a community to court over this issue ever since the new CCW law was passed," he said. Mayor Charles Goedert said the city stands by its new gun ordinance. "It's legal and binding until the courts or the Legislature say otherwise," Goedert said. "If we end up in court, it won't be the first time Ferndale has been at the forefront of good public policy, even when the Legislature has failed in that effort." City Attorney P. Daniel Christ helped write the ordinance and said state law allows cities to enact ordinances that affect issues under its control, including codes of conduct inside its buildings. "Whether that law is pre-empted by another state law would have to be decided by a court," Christ said. Detroit bans anyone from carrying a weapon in the Coleman A. Young Municipal Building, and all state courts have weapons bans. Violating Ferndale's ordinance is a misdemeanor punishable by up to 90 days in jail and a $500 fine. It won't go into effect until signs are posted at city buildings. That will take about a month, City Manager Tom Barwin said. http://www.mlive.com/newsflash/index.ssf?/cgi-free/getstory_ssf.cgi?g7839_BC_MI--GunOrdinance&&news&newsflash-michigan
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