Even though the ordinance states guns aren’t allowed in Oxford Township parks, those who attend the Aug. 2 Open Carry Picnic at Seymour Lake Park (see story left) with a gun on their hip won’t have to worry about being ticketed.
Why? Because the ordinance is unenforceable.
‘A municipality can prohibit the discharge of firearms, but regulating the transportation or possession of firearms by ordinance cannot be different than the terms of state law,? according to township attorney Gary Rentrop.
Section 34-40 of the township ordinance, enacted in 1981, clearly states, ‘No person shall have in his possession or control any rifle, shotgun, pistol or other firearm . . . within any park.?
But this local ordinance is preempted by a state law (MCL 123.1102), enacted in 1990, which indicates that ‘a local unit of government shall not . . . enact or enforce any ordinance or regulation pertaining to . . . transportation, or possession of pistols or other firearms . . . except as otherwise provided by federal law or a law of this state.?
In other words, state law allows people age 18 or older to openly carry, or conceal carry with permit, a legally registered handgun, so a local ordinance cannot prohibit them from doing so on public property.
The unenforceable nature of the township ordinance was brought to local officials? attention by Oxford resident John Roshek, 29, organizer of the upcoming open carry picnic.
Roshek was ‘doing a little bit of research? when he came across the ordinance and informed the township that state law trumps it.
Open carry picnics have been held in other communities with similar ordinances, according to Roshek.
‘Some of them even had no firearms listed right on their park signs,? he said. ‘There’s never been a problem (that) resulted from them. I think a majority of elected officials in those cities know they’re not enforceable.?
Roshek’s position is backed up by a 2003 decision from the Michigan Court of Appeals in the case Michigan Coalition for Responsible Gun Owners v. City of Ferndale.
In that case, the court ruled state law prohibits local governments from enacting and enforcing ordinances and regulations pertaining to the transportation and possession of firearms, ‘and thus preempts any ordinance or regulation . . . concerning these areas.?
In November 2001, Ferndale enacted an ordinance prohibiting the possession or concealment of weapons in all buildings owned or controlled by the city including city hall, police and fire stations, DPW buildings, the library, summer youth recreation building, animal shelter and community center.
‘Interesting enough, Ferndale still has the original ordinance on the books, but it’s unenforceable,? Rentrop said.
The same holds true in Oxford Township.
And in the Village of Oxford for that matter. The village has a similar ordinance (section 46-21, enacted in 1986) prohibiting the possession of firearms in its parks.
Rentrop advised the township to revise its parks ordinance to prohibit the discharge of firearms, not the possession.
He’s also advised township officials to revise or delete section 30-242 of the ordinance, enacted in 1988, which specifically regulates the transportation and possession of firearms ‘in any area frequented by wild animals? and while traveling to and from a shooting range.
Rentrop indicated this language needs to be ‘updated to make it track with the current version of the state statute.?
‘Alternatively, the township could simply delete these provisions and leave it to the sheriff’s deputies to simply write any tickets under state law,? the attorney wrote.
Supervisor Bill Dunn said it’s up to the township board to decide exactly how to adjust the ordinance language.
‘If we can’t enforce an ordinance, there’s no reason to have it on the books,? he said. ‘We’ll just have to change things to put us in line with state law. It is what it is. It’s not up to the township to tell people they can’t carry a gun in certain places, if the state says they can.?
It appears a similar village ordinance (section 42-156, enacted in 1981) would also need to be revised to conform with state law or deleted entirely because it’s unenforceable in its current form.
The village ordinance specifically states, ‘It shall be unlawful to carry a firearm on any public street or in any public place unless it is unloaded and in a case.?
It also contains language governing the transportation and possession of firearms in a vehicle. The ordinance states the gun must be unloaded and carried in either the luggage compartment or a case.
Although no exemption is made for them in the ordinance, a person with a concealed pistol license may carry a handgun in the passenger compartment, according to state law.