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Question about AG opinions

detroit_fan

Regular Member
Joined
Mar 27, 2009
Messages
1,172
Location
Monroe, Michigan, USA
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.
 

Doug Huffman

Banned
Joined
Jun 9, 2006
Messages
9,180
Location
Washington Island, across Death's Door, Wisconsin,
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.
 

DrTodd

Michigan Moderator
Joined
Jun 20, 2008
Messages
3,272
Location
Hudsonville , Michigan, USA
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).
 
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