File #: 2003-0406    Version: 1
Type: Archive - Administration Status: Passed
File created: 11/9/2005 In control: City Council Regular Meeting
On agenda: 6/18/2003 Final action: 6/18/2003
Title: Adoption of Resolution in support of the City of Ferndale's Appeal in Weapons Case
Title
Adoption of Resolution in support of the City of Ferndale's Appeal in Weapons Case
 
Body
Whereas, the Michigan Court of Appeals has, recently, in the case, MCRGO v City of Ferndale, Court of Appeals No. 242237, reversed the lower court's decision, thereby invalidating Ferndale's ordinance as it pertains to the prohibition of the possession of certain weapons in municipal buildings because, according to the Court of Appeals, state law preempts local regulation regarding firearms; and
 
Whereas, the Rochester Hills City Council remains very concerned that the Court of Appeals' decision threatens and significantly diminishes the right and authority of municipalities to:
 
(1)      Secure and control their public buildings and facilities;
 
(2)      Adopt and enforce rules governing the use of municipal buildings and facilities;
      
(3)      Protect their officials, employees, volunteers, residents and other users of municipal buildings and facilities from harm, violence, intimidation and the threat thereof; and
 
Whereas, the Rochester Hills City Council believes the Court of Appeals' decision and the underlying issue of local control over weapons in municipal buildings and facilities is a matter of statewide importance with a significant public interest involved,
 
Resolved that the Rochester Hills City Council encourages and supports the City of Ferndale's efforts to appeal to the Supreme Court to overturn the Court of Appeals' decision and reinstate the lower court's ruling;
 
Further Resolved, that the Rochester Hills City Council requests the state legislature to adopt or amend state law to reinstate and insure the authority of local units of government to regulate the possession of weapons in municipal buildings and facilities.
 
Further Resolved, that the Rochester Hills City Council directs the City Clerk to promptly transmit certified copies of this Resolution to the City of Ferndale, the Michigan Supreme Court, the City's representatives in the State House and Senate, Governor Granholm and the Michigan Municipal League.