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Thread: Question about AG opinions

  1. #1
    Regular Member detroit_fan's Avatar
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    Question about AG opinions

    With a new AG to be elected this Nov i have a question, can a new AG write a new opinion that contradicts what other AG's have said? If an anti-gun democrat was elected, could they opinion that OC in PFZ's is not legal and it would override Mike Cox's same opinion, assuming a city asks for the opinion? Same with carrying multiple pistols and other "opinions" that have went our way.

    If so, it seems we have a really vested interest in making sure we get a good AG elected so we don't have a repeat of the Gov race where the "gun vote" was split between 3 candidates and the outcome was not so great for the 2A in MI.

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    Regular Member eastmeyers's Avatar
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    Agreed
    "Bam, I like saying bam when I cite something, in fact I think I shall do this from here on out, as long as I remember.
    Bam!" - eastmeyers

    "Then said he to them, But now he that hath a purse, let him take it, and likewise his sack: and he that hath no sword, let him sell his garment, and buy one."
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  3. #3
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    That is a really really good question.

  4. #4
    Regular Member autosurgeon's Avatar
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    Yes a new AG can write an opinion that contradicts another AG that is how Machines guns got allowed.
    Anything I post may be my opinion and not the law... you are responsible to do your own verification.

    Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

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    .
    Last edited by T Vance; 09-18-2010 at 11:30 PM.

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    This is true, its just an opinion. My judge made that clear.

  7. #7
    Michigan Moderator DrTodd's Avatar
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    BTW, Granholm was the AG who gave the opinion that OC in a PFZ by a CPL holder was legal, not Mike Cox.
    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer I am not a lawyer! Please do not consider anything you read from me to be legal advice.

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    Yes it was, and officially the only thing I liked about her service.

  9. #9
    Regular Member autosurgeon's Avatar
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    She was a good AG IMOP
    Anything I post may be my opinion and not the law... you are responsible to do your own verification.

    Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

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    Before my time Im afraid.

  11. #11
    Regular Member autosurgeon's Avatar
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    Quote Originally Posted by stainless1911 View Post
    Before my time Im afraid.
    Think 8 years ago... not that long really...
    Anything I post may be my opinion and not the law... you are responsible to do your own verification.

    Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

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    AG "opinions" are binding on his department and employees, so they are more than just opinions, especially for legally armed citizens.

    Depending on the jurisdiction and its statutes, an AG may be (as in 'might') able only to make an opinion as specified by law. He may not be able to initiate one on his own - depending on jurisdiction/statutes.

  13. #13
    Michigan Moderator DrTodd's Avatar
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    Quote Originally Posted by Doug Huffman View Post
    He may not be able to initiate one on his own - depending on jurisdiction/statutes.
    You are correct about an Michigan AG Opinion being more than just "an opinion".

    Our AG has interpreted the legal requirement to write an opinion for "any other state officer" to mean that he can initiate one on his own. There was some minor grumbling about this in the capitol when he signed on to an Amicus Brief in support of the plaintiff in McDonald v. Chicago, 561 U.S. ___ (2010).
    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer I am not a lawyer! Please do not consider anything you read from me to be legal advice.

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