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Thread: School property carry

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    Iwas under the impression that you could OC with a CPL on school property. Now I have read on another site that you still could be asked to leave and charged if you don't. Is that a correct statement? If so who would have the authority to ask you to leave.?

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    IMO, a private school could ask you to leave, a public school could not. Can you post a link to this other site?

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    SIGfreed wrote:
    IMO, a private school could ask you to leave, a public school could not. Can you post a link to this other site?
    IMO, a school district is not a listed preempted "local unit of government", and can therefore prohibit firearms on their controlled property, and thusly ask anyone to leave.

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    zigziggityzoo wrote:
    SIGfreed wrote:
    IMO, a private school could ask you to leave, a public school could not. Can you post a link to this other site?
    IMO, a school district is not a listed preempted "local unit of government", and can therefore prohibit firearms on their controlled property, and thusly ask anyone to leave.
    Also you could be shot by high schoolers and have your gun taken.

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    FatboyCykes wrote:
    zigziggityzoo wrote:
    SIGfreed wrote:
    IMO, a private school could ask you to leave, a public school could not. Can you post a link to this other site?
    IMO, a school district is not a listed preempted "local unit of government", and can therefore prohibit firearms on their controlled property, and thusly ask anyone to leave.
    Also you could be shot by high schoolers and have your gun taken.
    :what:
    "I like users who quote smellslikemichigan in their signature lines." - fozzy71

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    zigziggityzoo wrote:
    SIGfreed wrote:
    IMO, a private school could ask you to leave, a public school could not. Can you post a link to this other site?
    IMO, a school district is not a listed preempted "local unit of government", and can therefore prohibit firearms on their controlled property, and thusly ask anyone to leave.
    Is a library considered a "local unit of government" like Ferndale? Is there a list of what qualifies as a "local unit of government"?
    Someone who can't be trusted to walk free in public with a firearm shouldn't be walking around free.

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    MarineSgt wrote:
    zigziggityzoo wrote:
    SIGfreed wrote:
    IMO, a private school could ask you to leave, a public school could not. Can you post a link to this other site?
    IMO, a school district is not a listed preempted "local unit of government", and can therefore prohibit firearms on their controlled property, and thusly ask anyone to leave.
    Is a library considered a "local unit of government" like Ferndale? Is there a list of what qualifies as a "local unit of government"?
    A library is either city controlled, or district controlled. in instances where it's a joint effort (as is the case most of the time), where the powers held separately do not match, only the powers jointly are the ones the joint effort are able to exercise.

  8. #8
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    zigziggityzoo wrote:
    MarineSgt wrote:
    zigziggityzoo wrote:
    SIGfreed wrote:
    IMO, a private school could ask you to leave, a public school could not. Can you post a link to this other site?
    IMO, a school district is not a listed preempted "local unit of government", and can therefore prohibit firearms on their controlled property, and thusly ask anyone to leave.
    Is a library considered a "local unit of government" like Ferndale? Is there a list of what qualifies as a "local unit of government"?
    A library is either city controlled, or district controlled. in instances where it's a joint effort (as is the case most of the time), where the powers held separately do not match, only the powers jointly are the ones the joint effort are able to exercise.
    Can I get a mapfor that statement?
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

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    Venator wrote:
    zigziggityzoo wrote:
    MarineSgt wrote:
    zigziggityzoo wrote:
    SIGfreed wrote:
    IMO, a private school could ask you to leave, a public school could not. Can you post a link to this other site?
    IMO, a school district is not a listed preempted "local unit of government", and can therefore prohibit firearms on their controlled property, and thusly ask anyone to leave.
    Is a library considered a "local unit of government" like Ferndale? Is there a list of what qualifies as a "local unit of government"?
    A library is either city controlled, or district controlled. in instances where it's a joint effort (as is the case most of the time), where the powers held separately do not match, only the powers jointly are the ones the joint effort are able to exercise.
    Can I get a map┬*for that statement?
    Clear as mud.

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    I will be doing my first school OC at the next parent teacher conferences

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    mikestilly wrote:
    I will be doing my first school OC at the next parent teacher conferences
    Do you belive they would have the right to ask you to leave?

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    zigziggityzoo wrote:
    .........

    A library is either city controlled, or district controlled. in instances where it's a joint effort (as is the case most of the time), where the powers held separately do not match, only the powers jointly are the ones the joint effort are able to exercise.
    "I like users who quote smellslikemichigan in their signature lines." - fozzy71

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    i have heard enough guess's some what to CITE something to back there statements?

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    maustin195 wrote:
    mikestilly wrote:
    I will be doing my first school OC at the next parent teacher conferences
    Do you belive they would have the right to ask you to leave?
    No idea. Hope not but anything is possible.

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    Zukirider wrote:
    i have heard enough guess's some what to┬* CITE something to back there statements?
    http://legislature.mi.gov/doc.aspx?mcl-Article-VII-28

    ┬ž 28 Governmental functions and powers; joint administration, costs and credits, transfers.
    Sec. 28.

    The legislature by general law shall authorize two or more counties, townships, cities, villages or districts, or any combination thereof among other things to: enter into contractual undertakings or agreements with one another or with the state or with any combination thereof for the joint administration of any of the functions or powers which each would have the power to perform separately; share the costs and responsibilities of functions and services with one another or with the state or with any combination thereof which each would have the power to perform separately; transfer functions or responsibilities to one another or any combination thereof upon the consent of each unit involved; cooperate with one another and with state government; lend their credit to one another or any combination thereof as provided by law in connection with any authorized publicly owned undertaking.

    Any other provision of this constitution notwithstanding, an officer or employee of the state or any such unit of government or subdivision or agency thereof, except members of the legislature, may serve on or with any governmental body established for the purposes set forth in this section and shall not be required to relinquish his office or employment by reason of such service.
    There's another section of the law where this is defined more clearly, but this is how it's stated in the MI Constitution.

    Basically, if any two sections of government enter into a joint operation, the joint operation is only able to exercise the powers that the two separate organizations would have had.

    This is so that a School District and, say, a county, cannot join together to make Ann Arbor Public Schools Police - as the district does not have the power to have its own police force.

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    mikestilly wrote:
    maustin195 wrote:
    mikestilly wrote:
    I will be doing my first school OC at the next parent teacher conferences
    Do you belive they would have the right to ask you to leave?
    No idea. Hope not but anything is possible.
    Reread the question Stilly!

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    FatboyCykes wrote:
    mikestilly wrote:
    maustin195 wrote:
    mikestilly wrote:
    I will be doing my first school OC at the next parent teacher conferences
    Do you belive they would have the right to ask you to leave?
    No idea. Hope not but anything is possible.
    Reread the question Stilly!
    Thanks Mike. Yes I will leave if asked by a school official.

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    Ok, so even though a school is public property they can still ask you leave as if it private? Can someone please list the relevant statutes?



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    SIGfreed wrote:
    Ok, so even though a school is public property they can still ask you leave as if it private? Can someone please list the relevant statutes?
    MCL 123.1102 only restricts certain "Local Units of Government" - those being Cities, Townships, Counties, and Municipalities.

    A School District is not listed - and is a completely separate unit of government from a City, County, etc.

    Therefore, a School District may restrict carry on property they control.

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    SIGfreed wrote:
    Ok, so even though a school is public property they can still ask you leave as if it private? Can someone please list the relevant statutes?

    ┬*
    The question was asked above which pertains to preemption or not. Hence Zig's post above with link. It's been bounced around quite a bit it looks to be a gray area which I don't want to be a test case for. Considering that I help fund that school I'd like to refuse to leave but I'm not willing to push the limits on it.

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    mikestilly wrote:
    SIGfreed wrote:
    Ok, so even though a school is public property they can still ask you leave as if it private? Can someone please list the relevant statutes?

    The question was asked above which pertains to preemption or not. Hence Zig's post above with link. It's been bounced around quite a bit it looks to be a gray area which I don't want to be a test case for. Considering that I help fund that school I'd like to refuse to leave but I'm not willing to push the limits on it.
    ive seen students ofschools be charged with trespassing when they go to other schools(even of the same public school district) to see friends after classes get out.

    i think they can require you to leave if you do not have a reason to be there.

    this is just based off my first hand experience of watching people get ticketed for trespassing in public schools.
    not a lawyer, dont take anything i say as legal advice.


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    zigziggityzoo wrote:
    SIGfreed wrote:
    Ok, so even though a school is public property they can still ask you leave as if it private? Can someone please list the relevant statutes?
    MCL 123.1102 only restricts certain "Local Units of Government" - those being Cities, Townships, Counties, and Municipalities.

    A School District is not listed - and is a completely separate unit of government from a City, County, etc.

    Therefore, a School District may restrict carry on property they control.
    Who would have the legal authority to ask you to leave?

  25. #25
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    maustin195 wrote:
    zigziggityzoo wrote:
    SIGfreed wrote:
    Ok, so even though a school is public property they can still ask you leave as if it private? Can someone please list the relevant statutes?
    MCL 123.1102 only restricts certain "Local Units of Government" - those being Cities, Townships, Counties, and Municipalities.

    A School District is not listed - and is a completely separate unit of government from a City, County, etc.

    Therefore, a School District may restrict carry on property they control.
    Who would have the legal authority to ask you to leave?
    Any authority of the school. Principal, Vice Principal, Superintendant, etc.

    The law itself doesn't say - it would be a determination of the courts as to whether or not an individual telling you to leave would be notice of trespass or not.

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