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HomeMy WebLinkAboutResolutions - 2018.08.09 - 23724REPORT August 9, 2018 BY: Commissioner Christine Long, Chairperson, General Government Committee IN RE: MR #18273 — BOARD OF COMMISSIONERS — SUPPORT OF MICHIGAN LEGISLATIVE REFORM — RAISING THE PENALTY FOR CONCEALING AN UNREGISTERED FIREARM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed the above referenced resolution on July 30, 2018, reports with the recommendation that the resolution be adopted with the following amendments: MISCELLANEOUS RESOLUTION #18273 BY: Commissioner Gary McGillivray, District #20; Commissioner Bill Dwyer, District #14 IN RE: BOARD OF COMMISSIONERS — SUPPORT OF MICHIGAN LEGISLATIVE REFORM — RAISING THE PENALTY FOR CONCEALING - A PISTOL WITHOUT A LICENSE To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the threat of gun violence is intensifying within our society, public awareness on gun violence prevention and proper licensing protocols are a few of the many focused issues for elected officials; and WHEREAS to address the public safety issue regarding gun violence, Oakland County leaders have identified firearm reform initiatives for the benefit of the County and its local communities; and WHEREAS Oakland County leaders and law enforcement officials look to address the imperative nature of keeping firearms safely stored and secured in addition to proper licensing for the purposes of protecting public safety; and WHEREAS a study by The Congressional Research Service found that since 1968, the per capita firearms ownership in the United States has roughly doubled; currently there are 89 guns for every 100 people; and WHEREAS pursuant to Michigan Law, a person has the legal right to carry a firearm in public as long as the person is carrying the firearm with lawful intent and the firearm is not concealed; and WHEREAS the Michigan Penal Code, Act 328 of 1931, MCL 750,227(2) states a person shall not carry a pistol concealed without a license; and WHEREAS advocacy for the proper punishment to those individuals who do not abide by the current laws advances the progress for a continued safe community for all citizens of Oakland County; and WHEREAS the Oakland County Sheriff is in favor of amending The Michigan Penal Code, Act 328 of 1931, MCL 750.227(3), to increase the penalty for those individuals who violate the law from 5 years to 6 years; and WHEREAS the Oakland County Board of Commissioners, upon the recommendation from the Oakland County Sheriff, supports amending The Michigan Penal Code, Act 328 of 1931, MCL 750.227(3), by increasing the penalty for punishment by imprisonment of those individuals who violate the law by increasing the sentence guidelines from 5 years to 6 years and champions legislative reform that will provide greater safety to our communities. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby declares a call to action upon the Michigan legislature to amend Public Act 328 of 1931, MCL 750.227, important public safety legislation by increasing the penalty on violations to this law from imprisonment for not more than 5 years to 6 years, without further delay. BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward copies of this adopted resolution to the Governor of the State of Michigan, the Lt. Governor of the State of Michigan, the Oakland County members of the Michigan congressional delegation, the members of the Oakland County delegation to the Michigan Legislature, and the members of the Michigan House Judiciary Committee. Chairperson, I move the adoption of the foregoing resolution. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. L, Commissioner Christine Long, Distri Chairperson, General GovernmentOkmmittee GENERAL GOVERNMENT COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Gershenson absent. Motion for direct referral to the Public Services Committee carried on a voice vote with Gershenson absent. Commissioner-Bill-Pwyee, District Chairperson, Public Services Committee REPORT August 9, 2018 BY: Commissioner Bill Dwyer, Chairperson, Public Services Committee IN RE: MR #18273 - BOARD OF COMMISSIONERS — SUPPORT OF MICHIGAN LEGISLATIVE REFORM — RAISING THE PENALTY FOR CONCEALING AN UNREGISTERED FIREARM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The Public Services Committee, having reviewed the above referenced resolution on July 31, 2018, reports with the recommendation the resolution be adopted. Chairperson, on behalf of the Public Services Committee, I move the acceptance of the foregoing report. PUBLIC SERVICES COMMITTEE Motion carried unanimously on a roll call vote with Spisz and Tietz absent. MISCELLANEOUS RESOLUTION 08271 /,/ Del yek BY: Commissioner Gary McGillivray, District #20 ,694714/1 IN RE: BOARD OF COMMISSIONERS SUPPOIIT OF MICHIGAN LEGISLATIVE REFORM — RAISING THE PENALTY FOR CONCEALING AN UNREGISTERED FIREARM To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the threat of gun violence is intensifying within our society, public awareness on gun violence prevention and proper licensing protocols are a few of the many focused issues for elected officials; and WHEREAS to address the public safety issue regarding gun violence, Oakland County leaders have identified firearm reform initiatives for the benefit of the County and its local communities; and WHEREAS Oakland County leaders and law enforcement officials look to address the imperative nature of keeping firearms safely stored and secured in addition to proper licensing for the purposes of protecting public safety; and WHEREAS a study by The Congressional Research Service found that since 1968, the per capita firearms ownership in the United States has roughly doubled; currently there are 89 guns for every 100 people; and WHEREAS pursuant to Michigan Law, a person has the legal right to carry a firearm in public as long as the person is carrying the firearm with lawful intent and the firearm is not concealed; and WHEREAS The Michigan Penal Code, Act 328 of 1931, MCL 750.227(2) states a person shall not carry a pistol concealed without a license; and WHEREAS advocacy for the proper punishment to those individuals who do not abide by the current laws advances the progress for a continued safe community for all citizens of Oakland County; and WHEREAS the Oakland County Sheriff is in favor of amending The Michigan Penal Code, Act 328 of 1931, MCL 750.227(3), to increase the penalty for those individuals who violate the law from 5 years to 6 years; and WHEREAS the Oakland County Board of Commissioners, upon the recommendation from the Oakland County Sheriff, supports amending The Michigan Penal Code, Act 328 of 1931, MCL 750.227(3), by increasing the penalty for punishment by imprisonment of those individuals who violate the law by increasing the sentence guidelines from 5 years to 6 years and champions legislative reform that will provide greater safety to our communities. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby declares a call to action upon the Michigan legislature to amend Public Act 328 of 1931, MCL 750.227, important public safety legislation by increasing the penalty on violations to this law from imprisonment for not more than 5 years to 6 years, without further delay. BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward copies of this adopted resolution to the Governor of the State of Michigan, the Lt. Governor of the State of Michigan, the Oakland County members of the Michigan congressional delegation, the members of the Oakland County delegation to the Michigan Legislature, and the members of the Michigan House Judiciary Committee, Chairperson, I move the adoption of the foregoing Resolution. Comron2 Gary McGillivray District #20 Commission District* Commissioner District #rt, COmm\i sion r District # Commissi District # /S1 Commissioner tri lt # t) mmissiop District # v_ct4/Lt( Commissioner District # Commissioner District # Commissioner District # Commissioner Commissioner District # District # Cornmissioner Commissioner District # District # Commissioner Commissioner District # District # Commissioner Commissioner District # District # Commissioner Commissioner District # District # Commissioner Commissioner District # District # Commistionir District # L/14 Ti Commissioner, , District # Commissioner 13 District # Cornmissione District # 0 Commissioner District # Commissioner District # 7e- Commissioner District # CC ovs-e ADDITIONAL CO-SPONSORS FOR MR# 27 3 Com4sioner DistriCt # Commissi ner District # Commissioner District # Commissioner Commissioner District* District # Commissioner Commissioner District # District # Commissioner Commissioner District # District* Resolution #18273 July 19, 2018 The Chairperson referred the resolution to the General Government Committee. There were no objections. Resolution #18273 August 9, 2018 Moved by Long supported by McGillivray the resolutions (with fiscal notes attached) be adopted with accompanying reports being accepted. AYES: Fleming, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, KowaII, Long, McGillivray, Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman, Bowman, Crawford. (20) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). I HEREBY APPONV This RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO 11,401. 45.559A (7) STATE OF MICHIGAN) COUNTY OF OAKLAND) Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on August 9, 2018, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 9,1, day of August, 2018. Lisa Brown, Oakland County