Eastpointe sued over ordinance that fines people for having unsecured guns in unlocked vehicles

Christina Hall | Detroit Free Press

The city of Eastpointe is being sued over a new ordinance that would fine — or possibly jail — someone for storing an unsecured firearm in an unlocked vehicle.

Michigan Gun Owners, Inc. and Lance DeVooght, an Eastpointe resident and member of the nonprofit gun rights group, filed the lawsuit against the city Monday in Macomb County Circuit Court.

The case is assigned to Judge Diane Druzinski. No court dates have been set.

Jim Makowski, attorney for the plaintiffs, said they are not promoting or encouraging irresponsible gun ownership and that gun owners should not leave their firearms in an unlocked vehicle.

"I'm not opposed to the sentiment. They have good intentions, but you cannot violate state law," he said. "The law was created so we would not have a hodgepodge of laws across the state. ... You're expected to know the law. How are you to know what's legal on one side of the street and the other?"

Makowski, who has represented the 10,000-plus-member group for nearly a decade, said the city doesn't have the authority to do this — the matter needs to be addressed by the state Legislature.

Brian Fairbrother, assistant city manager and deputy city clerk, said he does not comment on pending litigation.

More: Eastpointe elects first black mayor; selects 2 council members under new voting method

The City Council discussed the proposed ordinance during a first reading Oct. 1. The five-member council unanimously approved the ordinance Oct. 15.

The ordinance prohibits anyone from storing or keeping any pistol, revolver, rifle or shotgun in an unlocked vehicle unless it is secured in the trunk or locked in the glove box or other locked container; or is equipped with a tamper-resistant mechanical lock or other safety device, according to the ordinance, which was posted Oct. 31 on the city police and fire department Facebook page, prompting nearly 700 comments.

The penalties are a fine of up to $350 for the first offense, a civil infraction. The second and subsequent offenses are a misdemeanor punishable by a fine of up to $500, 90 days in jail, or both.

Director of Public Safety George Rouhib told the council Oct. 1 that the city had about a dozen complaints of firearms being stolen from unlocked vehicles in the last 30 days.

"That's not a good thing," he said, according to the meeting video online, adding the guns are going into the wrong hands and being used for other, violent crimes. "We are firm believers of the Second Amendment, but you have to be accountable for your firearm."

Rouhib told the council that there is no reason to leave a gun in a vehicle overnight, especially an unlocked vehicle, because it could get into the wrong hands.

Rouhib told the council that many people keep their guns under their vehicle seat or tucked in between the seats. If someone is going to leave their gun in their car, he said, he or she should at least leave it in the trunk or in a locked glove box or case.

"That's all we're asking," he said.

Rouhib said Eastpointe may be the only community in Michigan with such an ordinance, but "we have to do something."

More: Prosecutor: Handgun stashed under SUV hood used in Eastpointe bar shooting that injured 6

The Michigan Municipal League said it researched various databases of city ordinances and could not find other ordinances similar to the one in Eastpointe, said Matt Bach, director of communications.

"To the best of the League’s knowledge, this Eastpointe ordinance is the first of its kind in the state," he said.

In its lawsuit, the plaintiffs state: "state law clearly preempts a local unit of government from regulating the possession and transportation of a firearm."

Makowski added that state law doesn't address unlocked vehicles, though there are rules in place for people carrying firearms in vehicles. He said the city ordinance doesn't distinguish between whether the firearm is loaded or unloaded.

"This is a state law issue, not something a local unit of government should address," he said. "We need to have uniform laws across the state for this sort of thing. Uniformity of law, that's all we're looking for."

Michigan Gun Owners said in a release Monday on its website that the city enacted the new ordinance "even after being directly cautioned beforehand" by the group "that doing so would be illegal."

Makowski said that victims will be caught in a catch-22. They have an obligation under the law to report when a firearm is stolen. Now, they could be subjected to a penalty. He said that's victimizing people who are already victims.

"It's a slippery slope," he said.

Contact Christina Hall: chall@freepress.com. Follow her on Twitter: @challreporter.