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Michigan Supreme Court denies CADL leave to appeal

TheQ

TheQ

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http://forums.michiganopencarry.org/index.php/topic,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.
Click to expand...

Don't understand the legalese? We won.

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

http://publicdocs.courts.mi.gov:81/sct/public/orders/20131120_s146596_81_146596_2013-11-20_or.pdf
 
Orion

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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.
 
davidmcbeth

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http://www.michbar.org/opinions/appeals/2012/102512/53087.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
 
davidmcbeth

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bigt8261 said:
Here is the opinion from the COA

http://publicdocs.courts.mi.gov:81/...121025_c304582(65)_rptr_140o-304582-final.pdf
Click to expand...

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....
 
BB62

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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:
davidmcbeth

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BB62 said:
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.
Click to expand...

Another one ! Good find !
 
B

Bikenut

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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".
 
Raggs

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Bikenut said:
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".
Click to expand...

+1
 
davidmcbeth

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Bikenut said:
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".
Click to expand...

The win is important -- the goberment employees are now on notice ....
 
FreeInAZ

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davidmcbeth said:
http://www.michbar.org/opinions/appeals/2012/102512/53087.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
Click to expand...


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. :banghead:
 
davidmcbeth

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FreeInAZ said:
[/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. :banghead:
Click to expand...

Well, you know what they have done .. gives a glimpse into what they are willing to do ...
 
Michigander

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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.
 
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