DETROIT — During the first weekend of warmer temperatures in Detroit this year, crowds flocked to the downtown area. Anticipating more foot traffic, Detroit police had asked people to leave their weapons at home.
But by the end of that one April weekend, there were six separate shootings that left one person dead and several more injured in the Greektown and Riverwalk areas of Detroit. Amid the casualties was security guard Daryll Straughter who was shot and killed after trying to de-escalate an argument.
In the wake of this gun violence, the Detroit City Council approved two resolutions that sought to curb gun violence in the city. Councilmembers called for changes to an existing Michigan state law to grant cities and counties control over establishing "gun-free zones" on their own property.
"Aren't you tired of not being able to enjoy your Riverwalk, your Greektown, and your downtown Detroit because of gun violence?" City Councilmember Mary Waters wrote in a May 17 Facebook post.
Laws involving gun-free zones vary, and there is no official legal definition for the term. But in the broadest sense, these zones are meant to help reduce firearm-related injuries and deaths in certain designated locations, like courthouses, hospitals, houses of religious worship. Being called a gun-free zone in Michigan — or in other places throughout the country — does not necessarily mean a space is entirely free of guns. Under Michigan law, for example, people are able to open carry a pistol or legally open carry a rifle into many of these spaces. Some of those nuances are why people like Detroit Mayor Mike Duggan have said they aren't sure gun-free zones would make much progress on the issue.
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"I don't see the gun-free zones being particularly helpful," Duggan told reporters at a May news conference. "All a gun-free zone does is take the people with a concealed carry permit out. And I'm not sure there's any great advantage to that."
The city council is urging the Michigan Legislature to amend a 1990 state law that prevents municipalities from making their own gun regulations. It's the latest appeal to Michigan lawmakers to consider greater gun restrictions and how much control cities should have over their own spaces.
What did the city council do?
Immediately after this weekend of gun violence, the Detroit Police Department stepped up the number of officers patrolling the streets downtown as part of the department's seasonal plan to increase enforcement in the area for the summer. Detroit Police also enforced the city's curfew for unaccompanied minors, asked people to leave weapons at home, and with the mayor and federal agencies announced a new One Detroit partnership aimed at reducing gun violence.
Waters presented two non-binding resolutions to the Detroit City Council on May 16:
- Resolution 19.13, which the council passed in an 8-1 vote, showed support for Democratic Sen. Jeff Irwin's Senate Bill 208, which would allow municipalities to prohibit the possession of firearms on their property.
- Resolution 19.14, which the council passed in a much narrower 5-4 vote after some debate, endorsed the idea of gun-free zones in specific public downtown areas of Detroit where large crowds gather for big events, including the city's riverfront area.
Waters said the idea of gun-free zones is not new and that there are many of them in Michigan.
However, there are actually very few completely gun-free zones in Michigan, especially for people with a concealed pistol license (CPL).
The second resolution in particular depends upon SB 208 becoming law. If the bill ultimately passes both chambers and is signed by the governor, the city council would then make a formal request to the city's law department to draft a proposed ordinance for gun-free zones downtown and for special events with permits expecting more than 500 people.
Why does Michigan not allow local gun regulations?
In Michigan, it is legal to carry a firearm in public as long as the firearm is carried with lawful intent and the firearm is not concealed. The term "gun-free zone" does not appear in any Michigan laws regulating firearms. However there are two types of locations where some firearms are restricted that are colloquially called "gun free zones" — one where pistols are allowed as long as holders of concealed pistol licenses (CPL) open carry their pistols along with everyone else (with no restrictions for open carry of pistols or long guns), and one where firearms (pistols and long guns) are restricted except for CPL holders and many others exempted.
There are a few places with their own individual regulations, like the state capitol, wild life sanctuaries, federal courts. Private business and property owners are allowed to prohibit firearms on their own property.
In Michigan, local units of government — city, village, township, or county — are prohibited from restricting pistols, other firearms, or pneumatic guns (like a BB gun or paintball gun). With a few exceptions, regulations are drawn at the state level only.
Schools and universities are allowed to prohibit guns on campus, after the state supreme court ruled these public institutions are not a local unit of government as defined by Michigan state law.
SB 208, currently in committee with Michigan's state Senate, would add a line to an existing law allowing local units of government to prohibit the possession of firearms on property it owns or leases.
"[The bill] proposes to restore the authority that local governments used to have to maintain security in their buildings and on their properties," Irwin told the PBS NewsHour. "The current law, which is a broad preemption law, prevents local governments from making any sort of rules."
Most states do not allow local municipalities to make their own gun laws but require them to follow state and federal level laws. According to Everytown for Gun Safety, local municipalities were in the past able to make their own laws that fit their needs. However, thanks in large part to an NRA campaign that began in the 1980s to convince states to ban localities from passing their own gun laws , 41 states now have broad firearm preemption laws. Only California, Colorado, Connecticut, Hawaii, Illinois, Massachusetts, Nebraska, New Jersey, and New York generally allow local officials to pass firearms-related public safety laws.
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"People can concealed carry [and] people can open carry [firearms] in public hearings where there might be a tense conversation among neighbors about zoning or about police accountability, about anything," Irwin said, who represents Ann Arbor and surrounding areas. "In some places, people attempt to bring weapons in to discourage others from participating in their democracy. That's really wrong."
Irwin also said local governments deserve the authority to make decisions on their own. "What might be appropriate in one city hall might not be appropriate in a different city hall," he added.
Michigan State University students sit-in protest in front of the State Capitol against guns, following a mass shooting of eight MSU students on Monday at campus, in Lansing, Michigan. Photo taken Feb. 15. Photo by Rebecca Cook/Reuters
SB 208 was introduced and referred to committee in March, about a month after the mass shooting at Michigan State University, where a man killed three students and wounded five others before killing himself.
With a Democratic majority for the first time in 40 years, the Michigan legislature passed major gun safety legislation this session, including universal background checks, safe storage requirements, and red flag laws. Additional action on SB 208 has not been scheduled.
Rep. Carol Granville introduced a similar bill to the Michigan House of Representatives. House Bill 4198, which was also referred to committee, would allow local units of government to prohibit "the open carry of firearms within the local unit of government." It would not prohibit concealed carry by CPL holders.
"I appreciate that Detroit City Council is on record saying they want this type of opportunity to maintain security and safety in their facilities and on properties that they manage and are responsible for keeping safe. And that makes perfect sense. I think it's perfectly consistent with what the authority that my bill would restore to local government. The city of Ann Arbor has also taken a position in support of this kind of legislation," Irwin said.
Irwin said he thinks there will be increasing support as cities and counties learn that local control could be returned to them, even as other more pro-gun rights cities are promising not to enforce new gun safety legislation.
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"The purpose of a resolution is to encourage," Waters said of the council's action at a May 16 city council meeting. "I believe that it's very important to let people know throughout the city … that we want to make some sort of changes as relates to gun violence in the city."
Some council members also questioned the point of making a resolution dependent upon a bill that has not passed, while also noting that there is more crime in the neighborhoods than downtown.
Councilmember Fred Durhal III, who co-chairs the council's Gun Violence Task Force, said at the May 16 city council meeting that he opposed one of the two resolutions because of the way it focused on downtown Detroit and left out the very neighborhoods that needed help with gun violence.
"Where do these events happen? They happen next to the Dexter-Elmhurst Center, in the summertime, where there's a basketball game, and 200 residents who are there. And an area next to a recreation center, that could possibly be a gun-free zone," Durhal said. "If it just states 'downtown Detroit,' I think it sends a different message. And again, from those conversations that we have with folks who are doing this work every day relative to stop gun violence, if they're uncomfortable with it as well, I'm uncomfortable with it at this time."
Durhal said that he was open to having another conversation in case the Senate bill should pass, but he said that passing a resolution in support of gun-free zones beforehand was putting the cart before the horse.
At the same meeting, Waters said that the point of this resolution was to raise awareness around the urgent issue.
"A resolution is just to encourage and to let people know that we are raising the level of awareness and we want you all to know that we do care and we want to do something about gun violence," Waters said. "There is no other place in this city, and I keep stressing this, where you have those large crowds on a regular basis during certain months."
"It's just a resolution right now, it's not even an ordinance, and we can have that debate I think at that time if and when Senate Bill 208 should pass," she added.
Would gun-free zones help?
While gun-free zones are intended to reduce firearm injury outcomes, there is little research on their efficacy, said Dr. Patrick Carter, an associate professor at University of Michigan Medical School and co-director of the university's Institute for Firearm Injury Prevention.
Carter said that a recent RAND Corporation analysis found there was insufficient data due to a lack of studies examining the issue, although there are some promising new studies underway.
There are even fewer studies examining the impact of people with concealed pistol licenses (CPL) carrying firearms in gun-free zones. A few studies examining campus carry laws found that allowing students and faculty with CPL to carry firearms in gun free zones did not decrease nor increase violent crime.
With regards to mass shooting incidents specifically, previous studies, including an analysis by Louis Klarevas, found "no evidence to support the notion that gun-free zones attract mass shooters," said Carter. "Prior literature also does not support the notion that legal carrying citizens frequently interrupt mass shooting incidents."
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More research and data will be needed to draw conclusive outcomes.
There have been two small public protests, including one small sparsely attended news conference on May 1 by a few members of the Detroit Residents Advancing Civilian Oversight, National Rifle Association, and Libertarian party protesting an earlier version of the resolution that was never presented to city council, one that actually sought to create gun-free zones rather than just show support for the idea of gun-free zones.
"If the Detroit City Council thinks these resolutions will solve anything, they are fooling themselves," said Dudley Brown, President of the National Association for Gun Rights, in a statement.
Police Chief James White said at an April 20 news conference that he was not concerned about CPL holders. "If you are legally in possession of a CPL, and you show that CPL, no problem. If you are illegally carrying a gun, you are not welcome," White said.
"We are actively looking for people who are illegally carrying weapons. I've directed it and I'm unapologetic about it. We've got to keep this community safe," White said. "I think we can get there with illegal weapons zones. There is no constitutional right to illegally carry a weapon."
What's next
In order for Detroit to establish so-called "gun free zones" and what that might mean, a few things need to happen.
First, Michigan Senate Bill 208 that would amend Act 319 to allow local units of government to prohibit "the possession of firearms on property owned or leased by the local unit of government" would need to come out of committee and pass the Michigan Senate.
At the same time, Michigan House Bill 4198, which would allow local units of government to prohibit "the open carry of firearms within the local unit of government," would also need to come out of committee and pass the Michigan House.
Michigan Gov. Gretchen Whitmer speaks at a 2021 auto show in Pontiac. Photo by Rebecca Cook/Reuters
Since the wording on these two bills are different, the Michigan Senate and House would have to agree on uniform wording, and the resulting legislation would have to clear both chambers of the legislature. The final wording will determine how gun free a "gun-free zone" might be – whether people with CPL and others might be exempted (allowed to carry guns in the "gun-free zone", required to open carry instead of concealed carry, or prohibited from carrying guns in the zone). It would also clarify which properties would be covered – property owned or leased by the local unit of government, or anywhere within the local unit of government.
Then the governor would need to sign the bill into law. Gov. Gretchen Whitmer said at a news conference that she is not sure whether she would support such legislation.
If it is signed into law, Detroit's city council would formally request that the city's law department draft an ordinance establishing "gun free zones" and event permit requirements. Public hearings would be held, the ordinance would need to pass City Council, and the mayor would need to sign (or veto) the ordinance. Presumably, the Detroit Police Department and the Detroit Gun Violence Task Force would be consulted for input, and funds would be appropriated for signage and enforcement. These laws could also be challenged in lawsuits.
In the meantime, there are already many community, city, county, state, and federal programs and partnerships aimed at helping to decrease gun violence in Detroit.
On June 5, Detroit city council launched Gun Violence Awareness Month as part of the national campaign. City Council President Mary Sheffield and Detroit Gun Violence Task Force co-chairs President Pro Tempore James Tate and Fred Durhall III – three of the four people who voted against the resolution supporting the idea of a gun-free zone – were out at Gordon Park with community activists, survivors, and students, everyone wearing orange shirts and talking about the importance of community partnerships to help people before they get to that point.
"My thoughts go out to the victims of gun violence, whether that was someone who was in front of the gun or behind the gun. I think oftentimes folks don't understand," Durhall said at the event. "I've learned a lot as co-chair for the gun violence task force of what really drives folks to violence. So when we talk about lack of education, we talk about lack of employment, we talk about lack of opportunity, we talk about lack of empathy, lack of sympathy, of what is going on in our neighborhoods, those are catalysts. We talk about mental health but we don't talk about cognitive behavior or conflict resolution." He also talked about the importance of community violence intervention to help community leaders get resources to the people in the community who need them.
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The City of Detroit is investing $10 million to prevent violent crimes through community engagement. Its ShotStoppers community violence intervention program partners with local activist groups with a strong history of working on violence prevention to serve specific neighborhoods.
The State of Michigan's Operation Safe Neighborhoods is a statewide initiative to reduce gun violence by getting illegal guns out of communities. It has already recovered nearly 400 illegal guns from people who cannot legally be in possession of a gun due to prior criminal history.
Another partnership is the United States Attorney for the Eastern District of Michigan's One Detroit violence reduction partnership in collaboration with the Wayne county prosecutor, the city, the police department, the city council, Michigan State University, federal agencies, and leaders from community organizations and faith based groups. This initiative uses data-informed strategies focused on enforcement in the areas with the most violent crime, prevention and intervention, and supporting returning citizens for successful reentry.
One program is the Peacenics (Peace + picnic) which goes to community parks and offers a variety of resources, including job training, literacy programs, mental health and medical screenings, utility assistance, educational and vocational opportunities, tutorial, career development programs, and more. Law enforcement agencies also attend to engage with and recruit community members.
"One Detroit seeks to disrupt violence in our neighborhoods by focusing law enforcement resources on the drivers of violent crime, supporting community-based solutions to prevent crime, and ensuring that individuals returning from prison have sufficient supports to take full advantage of their second chances," U.S. Attorney Dawn Ison said in a statement. "We need a more mindful approach to violence reduction that acknowledges that law enforcement cannot be the only solution to keeping our communities safe. Through this partnership we will continue to aggressively prosecute those who refuse to stop the violence, but we also endeavor to empower communities and provide opportunity in order to make our community and residents safer."