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

TheQ

Regular Member
Joined
Aug 2, 2010
Messages
3,379
Location
Lansing, Michigan
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?
 

TheQ

Regular Member
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Aug 2, 2010
Messages
3,379
Location
Lansing, Michigan
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.
 

FreeInAZ

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Oct 15, 2012
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Secret Bunker
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.
 

FreeInAZ

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Oct 15, 2012
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Secret Bunker
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...
 

TheQ

Regular Member
Joined
Aug 2, 2010
Messages
3,379
Location
Lansing, Michigan
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.
 

FreeInAZ

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Oct 15, 2012
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Secret Bunker
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? ???
 

Plan B

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

Plan B

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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.
 

1245A Defender

Regular Member
Joined
Jul 7, 2009
Messages
4,365
Location
north mason county, Washington, USA
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.. [h=3]Memphis School District[/h]
See this guy now, He convinced his school/district that he is lawfully OCing to pick up his kid! [h=3]OC school parking lot[/h]
 

Plan B

Banned
Joined
Jul 14, 2014
Messages
144
Location
Earth
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.
 

aadvark

Regular Member
Joined
Aug 25, 2009
Messages
1,597
Location
, ,
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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