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Bill introduced to decriminalize concealed cary at Michigan colleges

zigziggityzoo

Campaign Veteran
Joined
Nov 28, 2008
Messages
1,543
Location
Ann Arbor, Michigan, USA

Mike

Site Co-Founder
Joined
May 13, 2006
Messages
8,706
Location
Fairfax County, Virginia, USA
imported post

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?
 

zigziggityzoo

Campaign Veteran
Joined
Nov 28, 2008
Messages
1,543
Location
Ann Arbor, Michigan, USA
imported post

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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