imported post
Attorney General Cox:
It is the understanding of our group, Students for Concealed Carry on Campus of Michigan, that, although it is not specifically stated in Michigan Law, the Firearms Preemption law (Act 319 of 1990, section 123.1102) should apply to Community Colleges, State Colleges and Public Universities. We believe that these institutions are property of, and subdivisions of, the state or the local government. Thereby they are governed by the same rule of law as any other municipality.
We believe that this view, regarding Community Colleges, is supported by the inclusion of school districts and Community College districts as units of local government in Act 184 of 2001 section 2.161, Act 101 of 1979 section 201.233, Act 206 of 1893 section 211.24f and Act 175 of 1927 section 769.1f .
We believe that State Colleges and Universities should be subject to state law regulating firearms as Act 431 of 1984 section 18.1115, Act 184 of 2001 section 2.161, Act 101 of 1979 section 201.233, Act 206 of 1893 section 211.24f, indicate that they are subdivisions of our State Government, as they are chartered by the State, regulated by the State, report to the State, and exercise police powers normally reserved to the State and local governments. Also, Act 175 of 1927 section 769.1f specifically states that the term State, as used in that act, includes State Universities. We cannot find, within State University charters such as, Act 120 of 1960 section 390.841 or Act 26 of 1969 section 390.391, any specific exemption, original or amended, to Act 319 of 1990.
We also maintain, that as the State Board of Education reports to the legislature regarding financial matters (Act 287 of 1964 section 388.1011), and is specifically limited in their power (Act 287 of 1964 section 388.1015) they are a unit of local government, as defined in many of the sections that we have cited, therefore, we believe that the State Board of Education is also subject to Act 319 of 1990.
We would also like to direct your attention to the State of Utah, who enacted a very similar preemption law(Utah code section 76-10-500), which was challenged in court by the University of Utah, the final appeal holding that Utah’s preemption law does apply to public universities(opinion no. 20030877)
Are we correct in our interpretation of these laws? If so, would this not make any, and all, firearms policies, ordinances, or laws created by Community Colleges, State Colleges, and Public Universities, illegal and unenforceable?
Thank you for your time
Students for Concealed Carry on Campus of Michigan.
that's what I'm sitting on right now, debating whether to split it up into 3 separate requests, or keep it whole. and gotta get the formatting doublechecked by a lawyer.
ideas??? and, if it's not apparent to anybody, this would equally apply to OC.