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Colleges

stainless1911

Banned
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Dec 19, 2009
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8,855
Location
Davisburg, Michigan, United States
So it would appear that despite what is written in 28.425o, we should stick to empty holsters? But if we do that, how do we challenge the law, seeing that you cant be charged for an empty holster, and without being charged, you cant defend your position in court? Feels like chasing your tail.
 

Venator

Anti-Saldana Freedom Fighter
Joined
Jan 10, 2007
Messages
6,462
Location
Lansing area, Michigan, USA
What would it take to have them added to the list of local units of gov, that appear in 123?
A change in the statute to include them under preemption. This has been drafted by a legislator and hopefully he can get it enacted after November. So some legislators are aware of the problem. Write your rep and ask them to propose a bill to change it.
 

DrTodd

Michigan Moderator
Joined
Jun 20, 2008
Messages
3,272
Location
Hudsonville , Michigan, USA
So it would appear that despite what is written in 28.425o, we should stick to empty holsters? But if we do that, how do we challenge the law, seeing that you cant be charged for an empty holster, and without being charged, you cant defend your position in court? Feels like chasing your tail.

"without being charged, you cant defend your position in court?"

Well, this is true most of the time, but not in all cases. It doesn't appear to matter, though, because it would probably be decided in the University's/College's favor.
I was looking through some cases in the Appeals and Supreme Court of Michigan having anything to do with colleges or universities. I kept seeing decisions going in favor of the schools and, when I looked at the reasoning, it appears that Michigan Courts are very loathe to make Colleges/Universities subject to judicial review..
 

Taurus850CIA

Regular Member
Joined
Jun 15, 2008
Messages
1,072
Location
, Michigan, USA
snip... A weapon is any object designed to cause physical injury or any other object capable of causing physical injury or death. A dangerous weapon is any weapon designed to be dangerous and capable of causing death or serious bodily harm, or any other object capable of causing death or serious bodily harm that is used as a weapon. ...

Someone might pick up a stereo speaker and throw it. Maybe a t.v. remote. Wet towels can leave a nasty welt. I hate vaguely written law.
 

Sefner

Regular Member
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Apr 13, 2010
Messages
54
Location
Ann Arbor, Michigan, USA
There are some colleges that, under MI Constitution, have the power to create and enforce ordinances. They are also exempt from pre-emption. U of M is one of those college (I do not know if OU is one). U of M can arrest you and put you in jail for possessing a firearm on their property. I do not carry (CC or OC) anywhere near colleges for this reason, the risk is simply too large.
 

budlight

Regular Member
Joined
Sep 7, 2009
Messages
454
Location
Wyandotte, Michigan, USA
bump from the dead:

so, I shouldnt even OC/CC while driving a car onto their property to pick up a friend?

That depends where you go. Some colleges that have their own constitution with the power to make any ordinance, which could put you in violation of the law. Looking at U of M's firearm ordinance, it states possession of a firearm anywhere on their property including streets is a misdemeanor. The only exception is for campus police and regular police officers. They don’t even recognize a CPL.

For example you could be driving down the road, blow a tire, and pull into their parking lot to change the tire. Even if you are not a student, you would be subject to arrest if they found out you were carrying a firearm.
 

DrTodd

Michigan Moderator
Joined
Jun 20, 2008
Messages
3,272
Location
Hudsonville , Michigan, USA
That depends where you go. Some colleges that have their own constitution with the power to make any ordinance, which could put you in violation of the law. Looking at U of M's firearm ordinance, it states possession of a firearm anywhere on their property including streets is a misdemeanor. The only exception is for campus police and regular police officers. They don’t even recognize a CPL.

For example you could be driving down the road, blow a tire, and pull into their parking lot to change the tire. Even if you are not a student, you would be subject to arrest if they found out you were carrying a firearm.

You could always claim you are "self-employed :)

UofM Ordinances

[FONT=Arial,Bold]Section 4. Exceptions[/FONT]
(1) Except to the extent regulated under Subparagraph (2), the prohibitions in
this Article X do not apply:

(b) to non-University law enforcement officers of legally established law
enforcement agencies or to other non-University employees who, in
either situation, are authorized by their employer to possess or use
such a device during the time the employee is engaged In work
requiring such a device;
 
Last edited:

scot623

Regular Member
Joined
Oct 2, 2009
Messages
1,421
Location
Eastpointe, Michigan, USA
IIRC, and I forgot where to find the cite, the wording was for "dormitories and classrooms" I don't recall anything referring to the building.

Since we are on colleges, my mom works at Oakland University, and I'm getting my CPL back on Monday, which leads to a question. I know I can legally OC there, but does anyone know if OU has a policy against firearms possession, and weather the OU police there have the authority to criminalize our civil right and charge me with something?

This discussion has been great with lots of useful info being shown. But...

Stainless, unless you want your mom to be added to the unemployment rolls, I wouldn't use her work place as the place to make a point about OC or CC's legality. Being an "at will employment" state, her bosses could simply tell her that her services are no longer required. My wifes office building is one place I do not OC because I do not want to cause issues for her at her work place. Just some advice you can choose to take, or ignore.
 

stainless1911

Banned
Joined
Dec 19, 2009
Messages
8,855
Location
Davisburg, Michigan, United States
This discussion has been great with lots of useful info being shown. But...

Stainless, unless you want your mom to be added to the unemployment rolls, I wouldn't use her work place as the place to make a point about OC or CC's legality. Being an "at will employment" state, her bosses could simply tell her that her services are no longer required. My wifes office building is one place I do not OC because I do not want to cause issues for her at her work place. Just some advice you can choose to take, or ignore.

I agree, and thanks.
 
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