|Case Forum:||Michigan Court of Appeals|
|Keywords:||concealed weapons ordinance, pre-emption, Michigan Constitution, public property, Home Rule City Act (HRCA)|
Gerald A. Fisher | Thomas R. Shultz | Secrest, Wardle, Lynch, Hampton, Truex and Morley | 30903 Northwestern Highway | Farmington Hills, MI 48333 | 248-851-9500
This is not a gun rights case. This case is about a municipality’s right to regulate conduct on property and in buildings that it owns and controls, consistent with longestablished
At issue in this case is whether local units of government are precluded from enacting and enforcing ordinances that make local public buildings gun-free zones. We hold that MCL 123.1102 preempts local regulation of this kind, and contrary to defendants city of Ferndale and city clerk Karen Pedro’s argument, MCL 28.425c does not return to local units of government the authority to regulate in this area. Accordingly, we reverse the circuit court’s order granting summary disposition in favor of defendants, and upholding the validity of defendants’ ordinance prohibiting the possession or concealment of firearms in municipal buildings.
|MSC requested LDF amicus brief?||No|
On November 12, 2001, pursuant to its general police power, the city of Ferndale enacted an ordinance which prohibited the possession or concealment of weapons in all buildings located in Ferndale that are owned and/or controlled bv the city. The ordinance contains certain exemptions, including those for law