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Thread: Michigan Open Carry, Inc. to prosecute civil suit against K-12

  1. #1
    Regular Member TheQ's Avatar
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    Michigan Open Carry, Inc. to prosecute civil suit against K-12

    From: http://miopencarry.org/k12-lawsuit

    Michigan Open Carry, Inc (MOC) is in the beginning phases of preparing a lawsuit against a K-12 school district. Since we don't plan to be filing the lawsuit for approximately 2 more months, we will be keeping the details very sparse for now. Please don't ask us for more information. We will not provide anything beyond what is below at this time.

    What we can say:

    1. We are partnering with a named plaintiff/individual who is presently aggrieved by his child's K-12 school under threat of trespass.
    2. We will be filing the suit in a State Circuit Court (this will not be a Federal 1983 case such as Deffert v Grand Rapids). We will be seeking injunctive relief. We hope this case will go (at least) to the Michigan Court of Appeals so it will set binding precedent throughout the State of Michigan.
    3. We believe K-12 school districts are preempted from enacting firearm policies under CADL v. MOC and we are willing to go to court to get an injunction to back up this belief.
    4. It is our assertion a person can lawfully open carry in a school, if they have a CPL. Our belief in this is founded in:
    A plain letter of the law reading of MCL 750.237a and MCL 28.425o
    Michigan Attorney General Opinion 7113
    Michigan State Police Legal Update 86
    5. MOC and our plaintiff will be represented by Dean Greenblatt (Our attorney who successfully represented us in CADL v MOC).
    6. We will need your help to fund this case. Please consider a reoccurring or special one-time donation today by visiting our donation page and making a generous one-time donation to our legal fund or sign-up for a reoccurring legal fund donation of $5-$25 per month.

    We cannot emphasize enough: our ability to prosecute this case up to and through the Michigan Court of Appeals depends upon your generous donations to our legal fund. Won't you consider donating today?
    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
    Regular Member 1245A Defender's Avatar
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    Well,,,

    Glad this is happening!
    Great Lawyer.
    Great cause.
    Schools have been abusing their" power?"... AUTHOURATIE !! too long,,, Ive been reading...
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

  3. #3
    Campaign Veteran smellslikemichigan's Avatar
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    great news!
    "If it ain't loaded and cocked it don't shoot." - Rooster Cogburn
    http://www.graystatemovie.com/

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    Just donated $100.00 (I have school-age kids)! Come on guys and gals, lets get this overdue litigation fully funded and rockin!
    Last edited by OC4me; 09-17-2014 at 08:01 PM.

  5. #5
    Regular Member FreeInAZ's Avatar
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    Can donations be sent directly to Dean, if one prefers to donate that way?
    ---------------------------------------------------------------------------------------------------------------------------------------------------
    "You must be the change you wish to see in the world" by Mahatma Gandhi

    “Your beliefs become your thoughts. Your thoughts become your words. Your words become your actions. Your actions become your habits. Your habits become your values. Your values become your destiny.” by Mahatma Gandhi

  6. #6
    Regular Member TheQ's Avatar
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    Quote Originally Posted by FreeInAZ View Post
    Can donations be sent directly to Dean, if one prefers to donate that way?
    I think you asked this same question during the CADL case. I will tell you what Dean told me then: he will accept them, but prefers they go through us. It creates more paperwork and record keeping for him if he accepts individual donations.

    Dean G. Greenblatt PLC
    4190 Telegraph Rd
    Bloomfield Hills, MI 48302-2079

    Be sure to put MOC K12 lawsuit in the memo field of your check.
    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.

  7. #7
    Regular Member FreeInAZ's Avatar
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    Yes I did ask this before, because I and others lost money while donating to MOC in the past. Since then I prefer to send money directly to the service provider.
    ---------------------------------------------------------------------------------------------------------------------------------------------------
    "You must be the change you wish to see in the world" by Mahatma Gandhi

    “Your beliefs become your thoughts. Your thoughts become your words. Your words become your actions. Your actions become your habits. Your habits become your values. Your values become your destiny.” by Mahatma Gandhi

  8. #8
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    I've donated in the past, including the CADL case...don't recall ever 'losing' money over the restoration of our rights!

  9. #9
    Regular Member FreeInAZ's Avatar
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    This was before your time with MOC. They used GunPal (which closed over night) and the donations vanished. This is no criticism of MOC, I just want my money to get to where it is intended to go.

    Once burned, twice shy...
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    "You must be the change you wish to see in the world" by Mahatma Gandhi

    “Your beliefs become your thoughts. Your thoughts become your words. Your words become your actions. Your actions become your habits. Your habits become your values. Your values become your destiny.” by Mahatma Gandhi

  10. #10
    Regular Member TheQ's Avatar
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    Quote Originally Posted by FreeInAZ View Post
    Yes I did ask this before, because I and others lost money while donating to MOC in the past. Since then I prefer to send money directly to the service provider.
    Regretfully, many people lost money in the GPal debacle. We now use PayPal and we haven't had a single problem with them.
    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.

  11. #11
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    Extremely glad that something is finally being done about schools harassing OC'ers. Can't wait to hear more on the matter!

  12. #12
    Regular Member FreeInAZ's Avatar
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    Quote Originally Posted by Redneck125 View Post
    Extremely glad that something is finally being done about schools harassing OC'ers. Can't wait to hear more on the matter!
    Agreed - the sad thing is - most people with a 6th grade reading level can understand the law just fine in MI. Then there are the school admins, many of which have advanced degrees (Masters, PhD) in education, yet because the law says something they don't like, they just play dumb and ignore it? So much for vessels of enlightenment? ???
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    "You must be the change you wish to see in the world" by Mahatma Gandhi

    “Your beliefs become your thoughts. Your thoughts become your words. Your words become your actions. Your actions become your habits. Your habits become your values. Your values become your destiny.” by Mahatma Gandhi

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    You could have been done with this issue a few years ago, but politics...Y' know.

  14. #14
    Regular Member FreeInAZ's Avatar
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    Question

    Quote Originally Posted by Plan B View Post
    You could have been done with this issue a few years ago, but politics...Y' know.
    Who & what are you talking about? Sorry, not very clear on what your saying? There have been many abuses by MI school officials.
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    "You must be the change you wish to see in the world" by Mahatma Gandhi

    “Your beliefs become your thoughts. Your thoughts become your words. Your words become your actions. Your actions become your habits. Your habits become your values. Your values become your destiny.” by Mahatma Gandhi

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    Way back with the whole Staionless1911 thing was going on. He had them dead to rights, there's even several youtube videos of him and Venator speaking with the Waterford PD and school for doing EXACTLY the same thing. He exercised his rights according to the law, he conducted himself appropriately, the police lied to the schools about what the laws were, so they could screw this guy out of his rights and they did it openly.

    But, because stainless wouldn't stop pointing out the hypocrisy of gun owners, insisted that the constitution holds more weight than the law, and believed that the right to both keep and bear arms without permission belonged to everyone, people got together and lynched the guy. You opposed him at every turn no matter what he tried to do right or wrong, no wonder he turned out the way he did.

    This issue could have been settled years ago.

  16. #16
    Regular Member 1245A Defender's Avatar
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    Well,,,

    Yes,,, it could have been settled years ago..
    In fact it has been settled many times, in many schools/districts...
    Only to raise its ugly head again and again in many schools/districts, over and over and over...

    See this guy now, not allowed to OC picking up his kid.. Memphis School District

    See this guy now, He convinced his school/district that he is lawfully OCing to pick up his kid! OC school parking lot

    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

  17. #17
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    I know Taurus offline.

    ETA He's a great guy.
    Last edited by Plan B; 09-19-2014 at 08:56 AM.

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    Quote Originally Posted by 1245A Defender View Post
    Yes,,, it could have been settled years ago..
    In fact it has been settled many times, in many schools/districts...
    Only to raise its ugly head again and again in many schools/districts, over and over and over...
    But none so cleanly as his.

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    This is great news!

  20. #20
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    TheQ:

    I still do NOT Comprehend Why Schools are Unable to Understand that MCL 750.237a(5)(c) and MCL 123.1102 Prohibits Public K-12 Schools from Regulating, Inter Alia among others, The Possession and Carrying of Firearms and Firearm Ammunition.

    CADL did NOT get it, and now it has become Necessary for The Courts to Instruct Schools in The Same Manner.

    Either Way..., I Support that Michigan Open Carry is Willing to take This Matter to Court.

    aadvark

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    Quote Originally Posted by Plan B View Post
    Way back with the whole Staionless1911 thing was going on. He had them dead to rights, there's even several youtube videos of him and Venator speaking with the Waterford PD and school for doing EXACTLY the same thing. He exercised his rights according to the law, he conducted himself appropriately, the police lied to the schools about what the laws were, so they could screw this guy out of his rights and they did it openly.

    But, because stainless wouldn't stop pointing out the hypocrisy of gun owners, insisted that the constitution holds more weight than the law, and believed that the right to both keep and bear arms without permission belonged to everyone, people got together and lynched the guy. You opposed him at every turn no matter what he tried to do right or wrong, no wonder he turned out the way he did.

    This issue could have been settled years ago.
    Yeah don't forget the way he was acting and his attitude...Oh, and also the way he was telling people to do illegal things.

  22. #22
    Regular Member FreeInAZ's Avatar
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    Hey guys - this is a important thread IMHO. Let's not get it mucked up in old crap. Ok? Back on topic - hope there is lots of money raised to teach the teachers to obey the law.
    ---------------------------------------------------------------------------------------------------------------------------------------------------
    "You must be the change you wish to see in the world" by Mahatma Gandhi

    “Your beliefs become your thoughts. Your thoughts become your words. Your words become your actions. Your actions become your habits. Your habits become your values. Your values become your destiny.” by Mahatma Gandhi

  23. #23
    Regular Member TheQ's Avatar
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    Quote Originally Posted by Plan B View Post
    Way back with the whole Staionless1911 thing was going on. He had them dead to rights, there's even several youtube videos of him and Venator speaking with the Waterford PD and school for doing EXACTLY the same thing. He exercised his rights according to the law, he conducted himself appropriately, the police lied to the schools about what the laws were, so they could screw this guy out of his rights and they did it openly.

    But, because stainless wouldn't stop pointing out the hypocrisy of gun owners, insisted that the constitution holds more weight than the law, and believed that the right to both keep and bear arms without permission belonged to everyone, people got together and lynched the guy. You opposed him at every turn no matter what he tried to do right or wrong, no wonder he turned out the way he did.

    This issue could have been settled years ago.
    Stainless was not the right lead plaintiff for this lawsuit. The one that we selected for it is much more -- shall we say, sympathetic?
    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.

  24. #24
    Regular Member FreeInAZ's Avatar
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    And, never mind... lost cause... continue
    ---------------------------------------------------------------------------------------------------------------------------------------------------
    "You must be the change you wish to see in the world" by Mahatma Gandhi

    “Your beliefs become your thoughts. Your thoughts become your words. Your words become your actions. Your actions become your habits. Your habits become your values. Your values become your destiny.” by Mahatma Gandhi

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    If it's about the "plaintiff" and not the offense against the citizen, then you've seriously missed the point.

    Stainless advocated following constitutional laws, and opposed unconstitutional ones. It's not that complicated really.

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