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Thread: Huron Valley Schools in MI Against Open Carry

  1. #1
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    Huron Valley Schools in MI Against Open Carry

    http://www.hometownlife.com/story/ne...ools/18066377/

    "Long said he intends to research the issue and write a resolution prohibiting open carry of weapons on school properties. “While I have no objections to the rights of open carry, I don’t see a need for a parent to open carry a weapon in any of our buildings.”

    And Baker said he doesn’t like the idea of guns in the school, permits or not.

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    Regular Member rightwinglibertarian's Avatar
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    Quote Originally Posted by jimster83 View Post
    http://www.hometownlife.com/story/ne...ools/18066377/

    "Long said he intends to research the issue and write a resolution prohibiting open carry of weapons on school properties. “While I have no objections to the rights of open carry, I don’t see a need for a parent to open carry a weapon in any of our buildings.”

    And Baker said he doesn’t like the idea of guns in the school, permits or not.
    Most states have prohibitions on people protecting children in schools. Who cares if kids get heads or limbs blown off as long as those evil guns arent allowed *eyeroll


    I don't know MI statutes but I suggest someone file a lawsuit because protecting yourself is a guaranteed right and unless this is a private school, there can be no constitutional laws against the bearing of arms.
    "Which part of shall not be infringed is so difficult to understand"?

    "Any and all restrictions on the bearing of arms in public places are nullified as per the Second Amendment"

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    Quote Originally Posted by rightwinglibertarian View Post
    I don't know MI statutes but I suggest someone file a lawsuit because protecting yourself is a guaranteed right and unless this is a private school, there can be no constitutional laws against the bearing of arms.
    Michigan Open Carry, Inc. is filing a lawsuit: http://forum.opencarry.org/forums/sh...t-against-K-12

    Please, please donate here: http://miopencarry.org/donate

    As far as the law in Michigan goes, it is indeed legal for parents to carry in their child's school, provided they have a CPL and and only if they open carry (yes, you read that correctly). Unfortunately, some schools choose to harrass parents who are legally carrying on school grounds...hence the need for the long overdue lawsuit.
    Last edited by OC4me; 10-30-2014 at 02:14 PM.

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    Regular Member rightwinglibertarian's Avatar
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    Quote Originally Posted by OC4me View Post
    Michigan Open Carry, Inc. is filing a lawsuit: http://forum.opencarry.org/forums/sh...t-against-K-12

    Please, please donate here: http://miopencarry.org/donate

    As far as the law in Michigan goes, it is indeed legal for parents to carry in their child's school, provided they have a CPL and and only if they open carry (yes, you read that correctly). Unfortunately, some schools choose to harrass parents who are legally carrying on school grounds...hence the need for the long overdue lawsuit.
    Good. Keep it up. You've got your work cut out considering this foolishness....

    Some districts, including Dearborn, recently have written board resolutions and put procedures in place that involve an immediate lockdown when anyone, including a licensed carrier, enters the building with a weapon.
    I would hope there is a criminal charge of inciting panic as this response to a person exercising their rights is crazy
    "Which part of shall not be infringed is so difficult to understand"?

    "Any and all restrictions on the bearing of arms in public places are nullified as per the Second Amendment"

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    Regular Member DeSchaine's Avatar
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    Quote Originally Posted by OC4me View Post
    Michigan Open Carry, Inc. is filing a lawsuit: http://forum.opencarry.org/forums/sh...t-against-K-12

    Please, please donate here: http://miopencarry.org/donate

    As far as the law in Michigan goes, it is indeed legal for parents to carry in their child's school, provided they have a CPL and and only if they open carry (yes, you read that correctly). Unfortunately, some schools choose to harrass parents who are legally carrying on school grounds...hence the need for the long overdue lawsuit.
    To further clarify this, Michigan law has a pre-emption clause for people trying to do this. It basically states that no local unit of government may make laws, ordinances, etc. that are more restricting than state law in this area. They can write all the resolutions they want. They are unenforceable under Michigan law, and any LEO that tries is, him(or her)self, in violation of the law. This was pretty much proven in the CADL v. MOC case. Granted, that wasnt a school, but the reasoning is the same. Also of relevance is the Federal law that deals with school zones, but that ALSO exempts properly licensed people from the ban. Huron Valley is going to loose all the way around if they try to stop this parent.

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    Quote Originally Posted by DeSchaine View Post
    To further clarify this, Michigan law has a pre-emption clause for people trying to do this. It basically states that no local unit of government may make laws, ordinances, etc. that are more restricting than state law in this area. They can write all the resolutions they want. They are unenforceable under Michigan law, and any LEO that tries is, him(or her)self, in violation of the law. This was pretty much proven in the CADL v. MOC case. Granted, that wasnt a school, but the reasoning is the same. Also of relevance is the Federal law that deals with school zones, but that ALSO exempts properly licensed people from the ban. Huron Valley is going to loose all the way around if they try to stop this parent.
    Well I predict, as in the CADL case, that MOC may lose at the district court level, then come out on top on Appeal. It just tends to work that way as the lower court judges seem to more often than not rule based on their personal preferences. The Appeals Court judges seem to be more disciplined. Regardless, a win at the District court level means nothing unless the school district appeals. So in a sense, it is good to lose at the lower court so that an appeal is assured.

    This will cost money, lots of it no matter how you look at it. I donated $100 earlier (but that is because I have two school-aged kids). Any amount will help! When (and if) we are victorious, the whole gun-free school zone concept should collapse in Michigan (I predict that rather than close the open-carry 'loop-hole' the legislature will instead eliminate gun-free zones altogether for CPL holders*), at least, and hopefully serve as a national precedent for other states to follow.

    *Mind you that I am not advocating special privileges for CPL holders, that is just how it will shake out in my humble opinion.
    Last edited by OC4me; 10-31-2014 at 07:20 AM.

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    Regular Member DeSchaine's Avatar
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    I dont know. The CDAL case isnt exactly precedent, but it could be viewed as a major crack in the GFZ armor, in that its a taxpayer funded, government created entity and so are public school districts.

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    Quote Originally Posted by DeSchaine View Post
    I dont know. The CDAL case isnt exactly precedent, but it could be viewed as a major crack in the GFZ armor, in that its a taxpayer funded, government created entity and so are public school districts.
    My understanding is that the CADL decision is binding precedent across all of Michigan.
    Last edited by OC4me; 10-31-2014 at 07:22 AM.

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    Regular Member DeSchaine's Avatar
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    I can see them arguing a difference between libraries and schools full of small children a'la' Sandyhook, because that decision doesnt specifically mention school districts. You know the legal wiggling these weasels try to do.

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    Quote Originally Posted by DeSchaine View Post
    I can see them arguing a difference between libraries and schools full of small children a'la' Sandyhook, because that decision doesnt specifically mention school districts. You know the legal wiggling these weasels try to do.
    Yep, they will try this and every other trick under the sun. Result should be that they lose however. MOC wouldn't have taken on this expensive litigation unless they had a sound legal argument.

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