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Thread: Michigan Supreme Court denies CADL leave to appeal

  1. #1
    Regular Member TheQ's Avatar
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    Michigan Supreme Court denies CADL leave to appeal

    http://forums.michiganopencarry.org/...ic,3487.0.html

    The order says it all. CADL got denied leave to appeal. They can still file a motion to reconsider. If they do (probably won't), the Court will likely deny it again. This matter (due to how long it would take) was no doubt considered thoroughly by the Court.

    On order of the Court, the motions for leave to file brief amicus curiae are GRANTED. The application for leave to appeal the October 25, 2012 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

    CAVANAGH, J., would grant leave to appeal.
    Don't understand the legalese? We won.

    Of note: we picked up one Democrat: Bridget Mary McCormack

    http://publicdocs.courts.mi.gov:81/s...3-11-20_or.pdf
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

  2. #2
    Anti-Saldana Freedom Fighter Venator's Avatar
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    Great news.
    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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    Fantastic news!!!

    CADL outspent MOC roughly 10 to 1 on this case, yet CADL was still smacked down hard.

  4. #4
    Regular Member Orion's Avatar
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    About time they realized that they are not a law unto themselves. I hope others are paying attention to this as well.

  5. #5
    Regular Member MI_XD's Avatar
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    Good Job to all involved!

    MI_XD

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    Congratulations!!!

    Thank you to all who were involved in this matter
    "God created man, Sam Colt made them equal."

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    http://www.michbar.org/opinions/appe...2512/53087.pdf

    This the first appeal? Sums up everything.

    This case is about whether district libraries are subject to the same restrictions regarding
    firearm regulation that apply to other local public libraries established by local units of
    government. Plaintiff, Capital Area District Library (CADL), brought this action for declaratory
    and injunctive relief seeking to validate and enforce its ban on firearms on its premises.
    Defendant, Michigan Open Carry, Inc. (MOC), argues that CADL has no right to regulate
    firearms......



    They are ashpots for even making it an issue ... they should have allowed carry ... just making people spend $$ on already decided matters IMO

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    Quote Originally Posted by bigt8261 View Post
    Thx for the link .... I saw this section:

    Certainly, at a time where this country has witnessed tragic and horrific mass shootings in places of public gathering, the presence of weapons in a library where people of all ages—particularly our youth—gather is alarming and an issue of great concern. However, because of field preemption, the same regulations that apply to public libraries established by one local unit of government apply to those established by two or more local units of government—leaving the matter to the state.

    Sounds like the judge is an anti - but his hands are tied....

  10. #10
    Accomplished Advocate BB62's Avatar
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    The decision says "Accordingly, the trial court correctly held that CADL has the authority under the DLEA to adopt the weapons policy", then turns right around and says "MOC also argues that CADL is expressly and impliedly preempted from promulgating regulations regarding firearms on its premises. For the reasons set forth below, we agree that field preemption bars CADL’s regulation of firearms". Uh huh.

    Disturbingly the court concludes with its non-legal opinion: "Certainly, at a time where this country has witnessed tragic and horrific mass shootings in places of public gathering, the presence of weapons in a library where people of all ages - particularly our youth - gather is alarming and an issue of great concern."

    A win is a win, but its disturbing nonetheless.

    Thanks for the link to the opinion, bigT.
    Last edited by BB62; 11-21-2013 at 04:54 PM.

  11. #11
    Campaign Veteran smellslikemichigan's Avatar
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    this is great! glad to have helped!
    "If it ain't loaded and cocked it don't shoot." - Rooster Cogburn
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  12. #12
    Campaign Veteran smellslikemichigan's Avatar
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    NOW is it time for the victory lap at CADL?
    "If it ain't loaded and cocked it don't shoot." - Rooster Cogburn
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    Quote Originally Posted by BB62 View Post
    The decision says "Accordingly, the trial court correctly held that CADL has the authority under the DLEA to adopt the weapons policy", then turns right around and says "MOC also argues that CADL is expressly and impliedly preempted from promulgating regulations regarding firearms on its premises. For the reasons set forth below, we agree that field preemption bars CADL’s regulation of firearms". Uh huh.

    Disturbingly the court concludes with its non-legal opinion: "Certainly, at a time where this country has witnessed tragic and horrific mass shootings in places of public gathering, the presence of weapons in a library where people of all ages - particularly our youth - gather is alarming and an issue of great concern."

    A win is a win, but its disturbing nonetheless.

    Thanks for the link to the opinion, bigT.
    Another one ! Good find !

  14. #14
    Regular Member Bikenut's Avatar
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    While it has been a long and expensive (and nail biting) road to get here... anyone gonna stand up and thank lil_freak for being the person who incited the incident that got us here? Anyone?

    Well... I and Yooperlady will. Tyler... regardless of what folks might think (or even what I might think) about the wisdom of your actions... without your actions there would not be a definitive ruling (Court of Appeals ruling upheld by the Supreme Court) that states that the legislature occupies the entire field of gun law and "authorities" have NO POWER to make their own gun rules/laws. so... thanks Tyler.

    And my heartfelt thanks to everyone who fought to bring this case all the way to it's ultimate conclusion.

    In my opinion... this is a very important "win".
    Gun control isn't about the gun at all.... for those who want gun control it is all about their own fragile egos, their own lack of self esteem, their own inner fears, and most importantly... their own desire to dominate others. And an openly carried gun is a slap in the face to all of those things.

  15. #15
    Regular Member Raggs's Avatar
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    Quote Originally Posted by Bikenut View Post
    While it has been a long and expensive (and nail biting) road to get here... anyone gonna stand up and thank lil_freak for being the person who incited the incident that got us here? Anyone?

    Well... I and Yooperlady will. Tyler... regardless of what folks might think (or even what I might think) about the wisdom of your actions... without your actions there would not be a definitive ruling (Court of Appeals ruling upheld by the Supreme Court) that states that the legislature occupies the entire field of gun law and "authorities" have NO POWER to make their own gun rules/laws. so... thanks Tyler.

    And my heartfelt thanks to everyone who fought to bring this case all the way to it's ultimate conclusion.

    In my opinion... this is a very important "win".
    +1
    My reasons to OC
    1. to raise awareness of the legality of open carry in Michigan
    2. To raise awareness that good people carry guns
    3. A deterrent to people so that I won't be targeted
    4. Because it's more comfortable than CC in most situations
    5. Because I can and want to
    6. Because it's perfectly legal
    7. Self defense

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    Quote Originally Posted by Bikenut View Post
    While it has been a long and expensive (and nail biting) road to get here... anyone gonna stand up and thank lil_freak for being the person who incited the incident that got us here? Anyone?

    Well... I and Yooperlady will. Tyler... regardless of what folks might think (or even what I might think) about the wisdom of your actions... without your actions there would not be a definitive ruling (Court of Appeals ruling upheld by the Supreme Court) that states that the legislature occupies the entire field of gun law and "authorities" have NO POWER to make their own gun rules/laws. so... thanks Tyler.

    And my heartfelt thanks to everyone who fought to bring this case all the way to it's ultimate conclusion.

    In my opinion... this is a very important "win".
    The win is important -- the goberment employees are now on notice ....

  17. #17
    Moderator / Administrator Grapeshot's Avatar
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    Best news in a while and long over due.

    Congratulations!
    Last edited by Grapeshot; 11-21-2013 at 11:40 PM.
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    Regular Member FreeInAZ's Avatar
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    Quote Originally Posted by davidmcbeth View Post
    http://www.michbar.org/opinions/appe...2512/53087.pdf

    This the first appeal? Sums up everything.

    This case is about whether district libraries are subject to the same restrictions regarding
    firearm regulation that apply to other local public libraries established by local units of
    government. Plaintiff, Capital Area District Library (CADL), brought this action for declaratory
    and injunctive relief seeking to validate and enforce its ban on firearms on its premises.
    Defendant, Michigan Open Carry, Inc. (MOC), argues that CADL has no right to regulate
    firearms......



    They are ashpots for even making it an issue ... they should have allowed carry ... just making people spend $$ on already decided matters IMO


    Make no mistake, that's what this was all about. They [Lansing political elites - via the mayor Virgil B. machine] selected the smallest and poorest MI gun group & attempted to "bankrupt" them via the legal system. It was a message, intended to "school" all MI gun groups. Supported by many MI LEA's too. Luckily - those anti-freedoms/rights folks didn't have the "juice" they thought they would with the supreme court of MI.

    The sad thing was - with some crooked officials onboard including a lansing judge, lansing "officials" were able to block some rights of "their" people for nearly two years. To add insult to injury they used those citizens own tax dollars against them to do it! My guess-estimate is easily over $100,000 wasted, that could have been used for books and other sorely needed items in the Capitol Area District Library system.
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    Quote Originally Posted by FreeInAZ View Post
    [/b]

    Make no mistake, that's what this was all about. They [Lansing political elites - via the mayor Virgil B. machine] selected the smallest and poorest MI gun group & attempted to "bankrupt" them via the legal system. It was a message, intended to "school" all MI gun groups. Supported by many MI LEA's too. Luckily - those anti-freedoms/rights folks didn't have the "juice" they thought they would with the supreme court of MI.

    The sad thing was - with some crooked officials onboard including a lansing judge, lansing "officials" were able to block some rights of "their" people for nearly two years. To add insult to injury they used those citizens own tax dollars against them to do it! My guess-estimate is easily over $100,000 wasted, that could have been used for books and other sorely needed items in the Capitol Area District Library system.
    Well, you know what they have done .. gives a glimpse into what they are willing to do ...

  20. #20
    Regular Member Michigander's Avatar
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    I personally don't care to thank lil freak. Those who worked the case, yes, though even then, this was kind of a matter of getting stepped on and coming together to get out from under the boot of the CADL. It was damage control and self preservation for those in this community.

    Above all else, I am glad we had a good outcome.
    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.

  21. #21
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    I'm curious as to the impact this case may have on school ground carry. Is there any remaining legal wiggle room for schools to issue a trespass notice to OCers possessing a vaid CPL?
    Last edited by OC4me; 11-23-2013 at 01:52 PM.

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    Quote Originally Posted by OC4me View Post
    I'm curious as to the impact this case may have on school ground carry. Is there any remaining legal wiggle room for schools to issue a trespass notice to OCers possessing a vaid CPL?
    I don't see the case having any impact ... other than to just be another cite regarding pre-emption issues.

  23. #23
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    Quote Originally Posted by davidmcbeth View Post
    I don't see the case having any impact ... other than to just be another cite regarding pre-emption issues.
    Well I was wondering if schools, whether K-12 or certain universities, might still claim to be exempt from preemption.

  24. #24
    Regular Member Raggs's Avatar
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    Quote Originally Posted by OC4me View Post
    Well I was wondering if schools, whether K-12 or certain universities, might still claim to be exempt from preemption.
    of course they will. Schools really have nothing to lose by calling cops for open carriers.
    Universities have rules that govern students behavior and I think legally in the schools rules for students they can say no weapons.
    Though I see this decision not to hear the appeal as a great thing, I can still see people getting jammed up and having to get a lawyer to fight for their rights.
    My reasons to OC
    1. to raise awareness of the legality of open carry in Michigan
    2. To raise awareness that good people carry guns
    3. A deterrent to people so that I won't be targeted
    4. Because it's more comfortable than CC in most situations
    5. Because I can and want to
    6. Because it's perfectly legal
    7. Self defense

  25. #25
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    Quote Originally Posted by Raggs View Post
    of course they will. Schools really have nothing to lose by calling cops for open carriers.
    Universities have rules that govern students behavior and I think legally in the schools rules for students they can say no weapons.
    Though I see this decision not to hear the appeal as a great thing, I can still see people getting jammed up and having to get a lawyer to fight for their rights.
    I'm a parent, not a student, so I'm not thinking about this from the perspective of a student (or faculty member).

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