Small victory in Saint Clair, MI regarding preemption

[smellslikemichigan]

This has been posted on OCDO, however it contains useful info if there are folks on here who don't read over there.
http://forum.opencarry.org/forums/showthread.php?79391-Small-victory-in-Saint-Clair-MI-regarding-preemption

While not specifically OC related, this effects all who purchase firearms. I have CPL, so I didn't know that St Clair had implemented a purchase permit fee in 2009. My wife went to the PD a couple weeks ago to get 2 purchase permits and was charged $10 per permit. I thought this didn't sound right and looked into it. I notified the city manager that the city could not charge a permit fee due to Michigan Act 319 of 1990:
“A local unit of government shall not impose special taxation on, enact or enforce any ordinance or regulation pertaining to, or regulate in any other manner the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms, except as otherwise provided by federal law or a law of this state.”
Michigan used to allow cities to charge an optional $5 processing fee for obtaining a License to Purchase. However MCL 28.423 was repealed by PA 381 of 2000.
The city manager checked with the city attorney who confirmed that I was correct. The $10 fee has been changed to a notary fee and it is now optional since you can notarize a document at ANY notary. My bank does it as a free service. I was told that a refund would be issued from the PD. It will be nice to get the $20 back.

... now i just have to get them to take down or modify the rules sign at the new skate park that says NO weapons are allowed.

[smellslikemichigan]

[BailEnforcer]

Here in Detroit-Murderous they charge a $10 "notary fee" if you don't have a CPL and it is mandatory; they will not allow you to take the form elsewhere for notorization!

I found this out when I registered my handgun after I moved here from New England.

[FatboyCykes]

Here in Detroit-Murderous they charge a $10 "notary fee" if you don't have a CPL and it is mandatory; they will not allow you to take the form elsewhere for notorization!

I found this out when I registered my handgun after I moved here from New England.

That is BS, they are not allowed to do that.  A notarization is a notarization is a notarization.  See "preemption". 

[Evil Creamsicle]

Here in Detroit-Murderous they charge a $10 "notary fee" if you don't have a CPL and it is mandatory; they will not allow you to take the form elsewhere for notorization!

I found this out when I registered my handgun after I moved here from New England.

I had this problem with Ferndale too... and I took some steps towards resolving it. PM me for phone number we can talk about getting that resolved.

[JoeCar]

Nice victory in St. Clair! Keep up the good work in taking back the usurpations of our temporary elected servants in government. Right On!

[BailEnforcer]

I had this problem with Ferndale too... and I took some steps towards resolving it. PM me for phone number we can talk about getting that resolved.

Evil;

The system won't allow me to view others profiles or send PM's.  I am not to concerned about the fee in particular instance as I was registering a handgun I purchased in another state is which it has been deemed unconstitutional to force registration of any firearm. 

If I where obtaining a new purchase permit it would have been different.

[Evil Creamsicle]

Oh yes, I forgot about that... sorry.

Anyway... it shouldn't matter. The registration should be free either way.