Posted on 08/13/2015 3:24:42 AM PDT by marktwain
Michigan allows people with concealed carry permits to carry guns in schools, with a twist; the guns have to be openly carried in the school. Michigan preemption law prevents local units of government from enacting a patchwork or local, contradictory laws, many of which violate basic Second Amendment rights. MCL 123.1101(a) and MCL 123.1102 preempt local units of government from regulating firearms.
School Districts are local units of government. In Michigan, a number of school districts are unwilling to abide by State law, and routinely violate it. A lawsuit was filed in March. From Michigan miopencarry.org:
As set forth in the precedent setting opinion of Capital Area District Library v. Michigan Open Carry, Inc, school Districts are barred from making rules forbidding the lawful carry of a pistol. Yet, many districts throughout the state continue to do so with illegal policies and bullying. Michigan Open Carry, Inc (MOC) has partnered with Kenneth Herman to file suit against Clio Area Schools (CAS). Mr. Herman is a dues paying member of MOCOn Monday, the Michigan Judge ruled in favor of Kenneth Herman. From mlive.com:
Genesee Circuit Judge Archie Hayman on Monday, Aug. 10, ruled in favor of Kenneth Herman, who filed the lawsuit March 5 in Genesee County Circuit Court against the Clio Area School District after he was denied access to Edgerton Elementary multiple times while attempting to pick up his daughter because he was open-carrying a pistol.The Clio Area School District board will continue to spend other people's money and risk other people's children, because it is a ideological issue to them. Their current tactic is to put the school into "lockdown" whenever a legally armed and licensed parent, who they already know is legal and safe, shows up at their school.
"The ruling today does not come as a surprise, the law is the law," Herman said after Hayman's decision. "Now that Clio Area Schools have heard the ruling, read the laws and the Court of Appeals case law has been explained to them, I they stop burning through tax dollars fighting the law and common sense."
When the Michigan Legislature attached concealed carry to a last minute budget bill, and Governor Granholm had virtually no choice than to sign it into law, the usual “wild west” and “shootout” at every minor car accident crowd went apoplectic.
Of course, that lying scare tactic was tried in every state. It never happened.
A few years later even Governor Gramholm admitted her anti gun rights stance was wrong.
Just getting the law passed allowing the rightful, lawful gun owner to open carry into that school is not enough. Every official involved in restraining that right MUST be terminated and banned for LIFE from serving in any capacity at a public school in that state, including mowing the grass.
We had a chance to get an enhanced concealed carry license law that would have allowed for concealed carry in any current gun-free zone such as sports arenas, bars, theaters, and schools, but Sandy Hook made Snyder kill that bill.
Why would you need a concealed carry permit to open carry? Also, why would you need a permit in the first place, to exercise a Constitutionally protected right?
“Sandy Hook made Snyder kill that bill.”
No, the old media frightened Snyder into killing the bill.
Sandy Hook was just the tool that they used to do it.
Thanks very much for the ping; post. BUMP!
As I recall, Snyder was squishy on the bill anyway, because the schools wanted an opt out provision, which you know every district would have opted out. But were it not for Sandy Hook, some form of the bill would have been signed.
I am sure that you are right. Perhaps a better bill next time.
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