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Thread: MOC won, CADL lost. Victory!!!

  1. #1
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    MOC won, CADL lost. Victory!!!

    COA ruled in favor of MOC!!!

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by sasha601 View Post
    COA ruled in favor of MOC!!!
    Cite? Link?
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Quote Originally Posted by Grapeshot View Post
    Cite? Link?
    http://publicdocs.courts.mi.gov:81/O...304582.OPN.PDF

    See if this works

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    Quote Originally Posted by sasha601 View Post
    It is long, but just look at last two paragraphs.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by sasha601 View Post
    Appreciate it - everything falls into place now.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Quote Originally Posted by sasha601 View Post
    COA ruled in favor of MOC!!!
    Congratulations to MOC and those who invested their time and money to stand up to the CADL.

  7. #7
    Anti-Saldana Freedom Fighter Venator's Avatar
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    From the conclusion:

    "We reverse the trial court’s judgment upholding CADL’s weapon policy to the extent that
    it attempts to regulate firearms contrary to the restrictions set forth in MCL 123.1102 and vacate
    the trial court’s order granting permanent injunctive relief."
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

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    With a very nice broad judgment too. Love this line...

    "Although a district library is not a local unit of government as defined by MCL 123.1101(a), legislative history, the pervasiveness of the Legislature’s regulation of firearms, and the need for exclusive, uniform state regulation of firearm possession as compared to a patchwork of inconsistent local regulations indicate that the Legislature has completely occupied the field that CADL seeks to enter."

    School districts?? Hmmmm

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    Below is a link to the Opinion of dissenting judge Elizabeth L. Gleicher:

    http://publicdocs.courts.mi.gov:81/O...04582P.OPN.PDF

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    ...and this gem mentioned in the decision:

    "As can be gleaned from these numerous statutes included in the Legislature's statutory scheme regulating firearms, the statutory scheme includes "a broad, detailed, and multifaceted attack" on the possession of firearms (citing Llewellyn, 401 Mich at 326)."

    I find such a candid assessment of the Michigan legislature's (lack of) respect for the Article 18, Sec. 7 of the Michigan Constitution (Right to Bear Arms) both troubling and very enlightening.
    Last edited by OC4me; 10-26-2012 at 11:05 AM.

  11. #11
    Regular Member Michigander's Avatar
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    Congratulations to firearm carriers across this state. A big thank you to MOC and all who helped win this case.
    Answer every question about open carry in Michigan you ever had with one convenient and free book- http://libertyisforeveryone.com/open-carry-resources/

    The complete and utter truth can be challenged from every direction and it will always hold up. Accordingly there are few greater displays of illegitimacy than to attempt to impede free thought and communication.

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    In her dissenting opinion Judge Gleicher argues that CADL is not a local unit of government, so preemption statute does not apply to CADL. She writes:

    "This statute applies to “a local unit of government.” The Legislature specifically defined that term to mean “a city, village, township, or county.” MCL 123.1101(a). Conspicuously absent from this definition is a district library or an authority. Thus, a district library is not subject to MCL 123.1102, which prohibits local units of government from enacting or enforcing any regulations pertaining to the possession of firearms."

    Responding to this statement, judges who rulled in favor of MOC found that CADL is indeed a local unit of government. In their opinion they wrote:

    "As mentioned above, the Preamble to 1990 PA 319 states that the act was designed to prohibit local units of government from imposing restrictions in the area of firearms regulation. Although not included in the definition of “local unit of government” set forth in MCL 123.1101(a), a district library is nevertheless a local unit of government. Excluding a district library from the field of regulation—simply because it is established by two local units of government instead of one—defies the purpose of the statute and it would undoubtedly lead to patchwork regulation. Every district library in the state of Michigan could enact its own unique rules and regulations regarding firearms possession, leaving to the public the obligation of determining where they can bring—or avoid—guns. Thus, while the express language of the statute fails to include a district library among its definition of local units of government, the legislative history supports a finding that the purpose of the statute would only be served by leaving it to the state to regulate firearm possession in all buildings established by local units of government, including district libraries."

    In fact the language in the above quote is so strong as relates to State completely occupying the field of regulating firearms, that I believe that firearm ordinances established by Schools and Universities are now also null and void. This is my personal opinion.

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    Regular Member Tucker6900's Avatar
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    Fine job to all the people who made this happen!!! This is great news for my home state!! CARRY ON!!!!
    The only terrorists I see nowadays are at the Capital.


    The statements made in this post do not necessarily reflect the views of OCDO or its members.

  14. #14
    Anti-Saldana Freedom Fighter Venator's Avatar
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    Quote Originally Posted by sasha601 View Post
    Below is a link to the Opinion of dissenting judge Elizabeth L. Gleicher:

    http://publicdocs.courts.mi.gov:81/O...04582P.OPN.PDF

    Seems she just doesn't like state preemption laws in general.
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    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

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    Quote Originally Posted by sasha601 View Post
    ". . . while the express language of the statute fails to include a district library among its definition of local units of government, the legislative history supports a finding that the purpose of the statute would only be served by leaving it to the state to regulate firearm possession in all buildings established by local units of government, including district libraries."

    In fact the language in the above quote is so strong as relates to State completely occupying the field of regulating firearms, that I believe that firearm ordinances established by Schools and Universities are now also null and void. This is my personal opinion.
    +1 Schools and Universities have been citing the fact that the preemption statute fails to explicitly mention schools in its definition of local units of government ;-)

    Does this Appeals court decision serve as binding precedent for the entire State? (excuse my judicial ignorance). I wonder whether or not CADL will appeal. I half hope so (so they can get spanked more forcefully) and yes, I'll gladly donate to help cover further litigation if required.
    Last edited by OC4me; 10-26-2012 at 01:05 PM.

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    Quote Originally Posted by Grapeshot View Post
    Appreciate it - everything falls into place now.
    What idiot judge before said it was not a function of local government? A moron, that's who. I would send a copy to the judge's house and tell him he's an idiot.

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    Regular Member PDinDetroit's Avatar
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    Best news I could have received today, I am down recovering from major surgery to solve the headaches (removed disc in neck impinged on spinal cord and fused C5-C6 vertebrae).

    A heartfelt thanks to the Attorneys that did the work here. The same goes out to those who helped in whatever respect they did.

    I was hopeful that the COA would find this way, although the mood that day in the court was less than hopeful.

    As firearm owners, we all won.
    Rights are like muscles. You must EXERCISE THEM to keep them from becoming atrophied.

  18. #18
    Regular Member PDinDetroit's Avatar
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    Without being cited, the COA Decision included information like contained at the following links:

    http://legislature.mi.gov/doc.aspx?mcl-124-502

    http://legislature.mi.gov/doc.aspx?mcl-124-504

    http://legislature.mi.gov/doc.aspx?mcl-123-1102
    Rights are like muscles. You must EXERCISE THEM to keep them from becoming atrophied.

  19. #19
    Anti-Saldana Freedom Fighter Venator's Avatar
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    Quote Originally Posted by OC4me View Post
    +1 Does this Appeals court decision serve as binding precedent for the entire State? (excuse my judicial ignorance). For sure the above quote would be great if the Michigan Supreme Court would only say so as well. I wonder whether or not CADL will appeal. I half hope so (so they can get spanked more forcefully), if not for the associated cost to MOC in fighting the next level.
    Yes this is binding state-wide.
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

  20. #20
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    Quote Originally Posted by Venator View Post
    Yes this is binding state-wide.
    It is up to CADL if they want to appeal to Michigan Supreme Court. In the previous landmark decision of MCRGO vs City of Ferndale, city of Ferndale decided not to appeal to MSC. I believe before going to MSC, CADL has an option of requesting 7 judge panel at the Court of Appeals which should include 3 judges that already ruled. In this case CADL would need 3 out of 4 new judges to rule in their failure to get a 4:3 decision to win. However, it is just my speculation and I am not sure if CADL is entitled to a 7 judge panel in this case.

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    Regular Member griffin's Avatar
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    Lansing State Journal posted their article at 11:00 AM. It's already receiving comments.

    http://www.lansingstatejournal.com/a...brary-michigan
    "If we lose freedom here, there's no place to escape to."
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  23. #23
    Regular Member MI_XD's Avatar
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    Congrats on the win MOC!

    Now, is it just me, or is anyone else feeling the strange urge to go check out a book from the Library?

    MI_XD

  24. #24
    Regular Member DanM's Avatar
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    ". . . the majority rejects that the plain words of the statute mean what they say. In so
    ruling, the majority ignores the text, and instead divines from highly-selective legislative history
    and the majority’s own notion of public good . . ."
    --Judge Elizabeth Gleicher, in dissent.
    So, the libtard judge all of a sudden now is a Scalia-esque textualist?

    Doesn't she realize how blatantly obvious her disingenuousness is?
    "The principle of self-defense, even involving weapons and bloodshed, has never been condemned, even by Gandhi . . ."--Dr. Martin Luther King Jr

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    "First they ignore you, then they ridicule you, then they fight you, then you win." --M. K. Gandhi

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    WOODTV8 News Link

    Just saw on the local WOOD TV8 News Website... Congrats!

    http://www.woodtv.com/dpp/news/michi...-cant-ban-guns

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