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Is it lawful..?

Scooter

Scooter

Regular Member
Joined
Apr 20, 2009
Messages
283
Location
Dundee, Michigan
Is it lawful to be charged with trespass at a school if the only reason you have been asked to leave is for the legal Open Carry of a firearm (with CPL)? I know you can be charged with WHATEVER they feel like and for whatever reason I suppose, just wondering if it would "hold up" legally? Now that I think about it; do you HAVE to leave a public school while legally Open Carrying when asked to if the reason is the firearm? (I am thinking about the upcoming parent teacher conferences and am figuring out what to do)
 
Z

zigziggityzoo

Campaign Veteran
Joined
Nov 28, 2008
Messages
1,543
Location
Ann Arbor, Michigan, USA
Scooter said:
Is it lawful to be charged with trespass at a school if the only reason you have been asked to leave is for the legal Open Carry of a firearm (with CPL)? I know you can be charged with WHATEVER they feel like and for whatever reason I suppose, just wondering if it would "hold up" legally? Now that I think about it; do you HAVE to leave a public school while legally Open Carrying when asked to if the reason is the firearm? (I am thinking about the upcoming parent teacher conferences and am figuring out what to do)
Click to expand...

Are you there for good reason?

If you are not breaking the law, and are there for a valid reason (picking up your kid, dropping off your kid, watching a sport event that your kid is in, or is open to the public, etc.) I cannot see you being CONVICTED of trespassing.

If you just show up for the sake of showing up, then you're being removed from the premises because you have no valid reason to be there. That charge might stick.

You can be charged with anything, as you say, but conviction is another matter.
 
OC for ME

OC for ME

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12,452
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White Oak Plantation
Unless you control the property, private or public, you must abide by those who control the property. If you have a issue with them, re OC, don't try to change their views in their venue, have them explain themselves in a venue of your choice.
 
Z

zigziggityzoo

Campaign Veteran
Joined
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Messages
1,543
Location
Ann Arbor, Michigan, USA
OC for ME said:
Unless you control the property, private or public, you must abide by those who control the property. If you have a issue with them, re OC, don't try to change their views in their venue, have them explain themselves in a venue of your choice.
Click to expand...

Schools are preempted in this state.

In other words, a rule prohibiting guns that is not in-line with state law is unlawful, and unenforceable.
 
Scooter

Scooter

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Joined
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Messages
283
Location
Dundee, Michigan
Just to be clear, I would be going to the school for events such as parent teacher conferences and voting is usually held at the school also. The big question is : if asked to leave because of OC am I required to do so?
 
Z

zigziggityzoo

Campaign Veteran
Joined
Nov 28, 2008
Messages
1,543
Location
Ann Arbor, Michigan, USA
Scooter said:
Just to be clear, I would be going to the school for events such as parent teacher conferences and voting is usually held at the school also. The big question is : if asked to leave because of OC am I required to do so?
Click to expand...

If you are asked to leave when you have a lawful reason for being present, I would request the school officials contact law enforcement. If law enforcement asks you to leave, then you either comply to avoid charges, or get charged and fight the charges.
 
Scooter

Scooter

Regular Member
Joined
Apr 20, 2009
Messages
283
Location
Dundee, Michigan
zigziggityzoo said:
If you are asked to leave when you have a lawful reason for being present, I would request the school officials contact law enforcement. If law enforcement asks you to leave, then you either comply to avoid charges, or get charged and fight the charges.
Click to expand...

Thanks zig, I complied in the past for various reasons. This has been food for thought should this issue arise in the future.
 
OC for ME

OC for ME

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Messages
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Location
White Oak Plantation
zigziggityzoo said:
Schools are preempted in this state.

In other words, a rule prohibiting guns that is not in-line with state law is unlawful, and unenforceable.
Click to expand...
I do not dispute this, but that will not prevent a unpleasant experience brought about by ignorance or indifference of the law. It is sometimes easier to choose the field of battle, so to speak, to effect positive change.
 
Z

zigziggityzoo

Campaign Veteran
Joined
Nov 28, 2008
Messages
1,543
Location
Ann Arbor, Michigan, USA
OC for ME said:
I do not dispute this, but that will not prevent a unpleasant experience brought about by ignorance or indifference of the law. It is sometimes easier to choose the field of battle, so to speak, to effect positive change.
Click to expand...

State law has made it so that only open carry is legal on school grounds.

My life is important everywhere it is, regardless of whatever location I happen to be. So if my life is still valuable in a school, my choice is to either not go there (not an option if I'm picking up my kids), or open carry.

So it goes.
 
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