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Ann Arbor News Article on MCRGO's Saline Lawsuit 2003/03/12 Ann Arbor News Gun lobby sues Saline to block ban on weapons State coalition argues city's ordinance is illegal Wednesday, March 12, 2003 BY CHONG W. PYEN News Staff Reporter Michigan's major gun lobby is taking the city of Saline to court to stop enforcement of a new ordinance banning concealed weapons in public buildings, set to go into effect Sunday. "We have no choice," said David Felbeck, president of the Michigan Coalition for Responsible Gun Owners, of the lawsuit filed Monday in Washtenaw County Circuit Court. "We pointed out the illegality, asked the (City) Council to delay action due to pending litigation ... and they refused." A similar ordinance adopted in Ferndale was challenged by the same gun-owners group, which claims 34,000 members statewide. The Ferndale ordinance was upheld by the Oakland County Circuit court, but the coalition has appealed it. The Court of Appeals is expected to issue a ruling soon. The Saline City Council approved its ordinance Feb. 24. Earlier this month, members of the coalition urged council members to repeal it or face a lawsuit. Assigned to Washtenaw Circuit Judge David S. Swartz, the suit asks the court to declare the ordinance void and unenforceable -or that lawful gun carriers be exempt from the ordinance. In the interim, the complaint asks that city officials be barred from enforcing the ordinance. The complaint, prepared by DeWitt attorney and former Washtenaw County public defender Daniel Bambery, cites a state law prohibiting local municipalities from enacting any ordinance regulating "the ownership, registration, purchase, sale, transfer, transportation or possession of pistols or other firearms." In addition to the gun-owners coalition, the plaintiffs include Robert M. Harrison, a Saline resident and former Washtenaw County clerk who is licensed to carry pistols; and Steven Handy, a Pittsfield Township resident who says he uses Saline public facilities while carrying a gun. Saline's city attorney, Allan Grossman, said the plaintiffs' citation of the state law is partial and wrong. He said another statute, the Home Rule Act, permits a municipality to exercise its power to manage and control municipal property "through its regularly constituted ordinance." Grossman said the city ordinance does not prohibit licensed people to carry concealed weapons throughout the city, but only in public buildings. Chong W. Pyen can be reached at cpyen@annarbornews.com or (734) 994-6828. Related Articles :   home | go back | go up | text + | - text |
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