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Thread: Bill introduced to decriminalize concealed cary at Michigan colleges

  1. #1
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    http://www.fox28.com/Global/story.asp?S=10965934

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    Hey Michigan experts - we are currently tracking open carry as being generally legal on MI college campuses, though the concealed permit is required to carry in vehicles in all of Michigan.

    Is this correct? Any nuances?

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    Mike wrote:
    http://www.fox28.com/Global/story.asp?S=10965934

    --

    Hey Michigan experts - we are currently tracking open carry as being generally legal on MI college campuses, though the concealed permit is required to carry in vehicles in all of Michigan.

    Is this correct?* Any nuances?
    The problem is that preemption does not cover university municipality. Our Preemption law only prohibits Cities, Villages, Townships, Counties.

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    zigziggityzoo wrote:
    Mike wrote:
    http://www.fox28.com/Global/story.asp?S=10965934

    --

    Hey Michigan experts - we are currently tracking open carry as being generally legal on MI college campuses, though the concealed permit is required to carry in vehicles in all of Michigan.

    Is this correct? Any nuances?
    The problem is that preemption does not cover university municipality. Our Preemption law only prohibits Cities, Villages, Townships, Counties.
    I think we discussed one state university in MI explicilty recently adjusting their regs to allow permit holders to carry in vehicles - this type of behavior reflects recognition of the limit of statutory power of state agencies to legislate outside their statutory authority and the reality of implied preemption applicable to state agencies where the legislature has broadly legislated on any public policy field.

    Do any Michigan state university rules purport to carry a criminal penalty?

  4. #4
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    Mike wrote:
    zigziggityzoo wrote:
    Mike wrote:
    http://www.fox28.com/Global/story.asp?S=10965934

    --

    Hey Michigan experts - we are currently tracking open carry as being generally legal on MI college campuses, though the concealed permit is required to carry in vehicles in all of Michigan.

    Is this correct?* Any nuances?
    The problem is that preemption does not cover university municipality. Our Preemption law only prohibits Cities, Villages, Townships, Counties.
    I think we discussed one state university in MI explicilty recently adjusting their regs to allow permit holders to carry in vehicles - this type of behavior reflects recognition of the limit of statutory power of state agencies to legislate outside their statutory authority and the reality of implied preemption applicable to state agencies where the legislature has broadly legislated on any public policy field.*

    Do any Michigan state university rules purport to carry a criminal penalty?
    Michigan State University recently amended their ordinances to allow for concealed carry on campus for permit holders, recognizing the state's preemption law. They don't allow their employees or students to carry on campus, though. If they do carry, they face termination/expellation, respectively.

    Currently, other state universities have ordinances on the books that prohibit carry, to include fines and/or jailtime for the offense.

    Example: University of Michigan:

    Weapons
    The University prohibits the possession or discharge of
    any firearm or other dangerous weapon as defined under
    Michigan law, regardless of whether the individual has a
    concealed weapons permit. In addition, any knife, sword
    or machete having a blade longer than four inches, or, in
    the case of a knife with a mechanism to lock the blade in
    place when open, longer than three inches is also prohib-
    ited. This prohibition includes all of the Ann Arbor campus.
    Exceptions to this Ordinance include:
    • University employees who are authorized to possess
    and/or use such a device pursuant to Standard Practice
    Guide 201.94;
    • Law enforcement officers or legally established law
    enforcement agencies;
    • When someone possesses or uses such a device
    as part of a military or similar uniform or costume
    in connection with a public ceremony or parade or
    theatrical performance;
    • When someone possesses or uses such a device in
    connection with a regularly scheduled educational,
    recreational or training program authorized by the
    University;
    • When someone possesses or uses such a device
    for recreational hunting on property which has been
    designated for such activity by the University provided
    such possession and use is in strict compliance with
    applicable law; or
    • A written waiver is obtained from the Director of the
    University’s Department of Public Safety based on
    extraordinary circumstances. Any such waiver may
    include certain restrictions when the Director determines
    that such restrictions are appropriate under the circum-
    stances.
    A person who violates the Ordinance is guilty of a mis-
    demeanor, and upon conviction, punishable by imprison-
    ment for not less than ten days and no more than 60 days,
    or by fine of not more than $50, or both.

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