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Thread: Looking for state law on firearms in schools

  1. #1
    Anti-Saldana Freedom Fighter Venator's Avatar
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    Looking for state law on firearms in schools

    I can't find a state law that states an adult can't possess a firearm on school property as long as the weapon and the person is lawful. If one looks up all the highlighted sections, they will find things like no weapons with unlawful intent, no machine guns, no tazers, etc. I can't find a statute other than concealed that prohibits firearms by lawful adults. Again state laws, I'm familiar with federal laws in this regard.

    What am missing?


    750.237a Individuals engaging in proscribed conduct; violation; penalties; definitions.

    Sec. 237a.
    (1) An individual who engages in conduct proscribed under section 224, 224a, 224b, 224c, 224e, 226, 227, 227a, 227f, 234a, 234b, or 234c, or who engages in conduct proscribed under section 223(2) for a second or subsequent time, in a weapon free school zone is guilty of a felony punishable by 1 or more of the following:
    (a) Imprisonment for not more than the maximum term of imprisonment authorized for the section violated.
    (b) Community service for not more than 150 hours.
    (c) A fine of not more than 3 times the maximum fine authorized for the section violated.
    (2) An individual who engages in conduct proscribed under section 223(1), 224d, 226a, 227c, 227d, 231c, 232a(1) or (4), 233, 234, 234e, 234f, 235, 236, or 237, or who engages in conduct proscribed under section 223(2) for the first time, in a weapon free school zone is guilty of a misdemeanor punishable by 1 or more of the following:
    (a) Imprisonment for not more than the maximum term of imprisonment authorized for the section violated or 93 days, whichever is greater.
    (b) Community service for not more than 100 hours.
    (c) A fine of not more than $2,000.00 or the maximum fine authorized for the section violated, whichever is greater.
    (3) Subsections (1) and (2) do not apply to conduct proscribed under a section enumerated in those subsections to the extent that the proscribed conduct is otherwise exempted or authorized under this chapter.
    (4) Except as provided in subsection (5), an individual who possesses a weapon in a weapon free school zone is guilty of a misdemeanor punishable by 1 or more of the following:
    (a) Imprisonment for not more than 93 days.
    (b) Community service for not more than 100 hours.
    (c) A fine of not more than $2,000.00.
    (5) Subsection (4) does not apply to any of the following:
    (a) An individual employed by or contracted by a school if the possession of that weapon is to provide security services for the school.
    (b) A peace officer.
    (c) An individual licensed by this state or another state to carry a concealed weapon.
    (d) An individual who possesses a weapon provided by a school or a school's instructor on school property for purposes of providing or receiving instruction in the use of that weapon.
    (e) An individual who possesses a firearm on school property if that possession is with the permission of the school's principal or an agent of the school designated by the school's principal or the school board.
    (f) An individual who is 18 years of age or older who is not a student at the school and who possesses a firearm on school property while transporting a student to or from the school if any of the following apply:
    (i) The individual is carrying an antique firearm, completely unloaded, in a wrapper or container in the trunk of a vehicle while en route to or from a hunting or target shooting area or function involving the exhibition, demonstration or sale of antique firearms.
    (ii) The individual is carrying a firearm unloaded in a wrapper or container in the trunk of the person's vehicle, while in possession of a valid Michigan hunting license or proof of valid membership in an organization having shooting range facilities, and while en route to or from a hunting or target shooting area.
    (iii) The person is carrying a firearm unloaded in a wrapper or container in the trunk of the person's vehicle from the place of purchase to his or her home or place of business or to a place of repair or back to his or her home or place of business, or in moving goods from one place of abode or business to another place of abode or business.
    (iv) The person is carrying an unloaded firearm in the passenger compartment of a vehicle that does not have a trunk, if the person is otherwise complying with the requirements of subparagraph (ii) or (iii) and the wrapper or container is not readily accessible to the occupants of the vehicle.
    (6) As used in this section:
    (a) “Antique firearm” means either of the following:
    (i) A firearm not designed or redesigned for using rimfire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including a matchlock, flintlock, percussion cap, or similar type of ignition system or a replica of such a firearm, whether actually manufactured before or after the year 1898.
    (ii) A firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
    (b) “School” means a public, private, denominational, or parochial school offering developmental kindergarten, kindergarten, or any grade from 1 through 12.
    (c) “School property” means a building, playing field, or property used for school purposes to impart instruction to children or used for functions and events sponsored by a school, except a building used primarily for adult education or college extension courses.
    (d) “Weapon free school zone” means school property and a vehicle used by a school to transport students to or from school property.

    History: Add. 1994, Act 158, Eff. Aug. 15, 1994
    Last edited by Venator; 12-30-2010 at 07:53 PM.
    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.

  2. #2
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    You are not missing anything. Most LEOs were trained that guns on school property were totally prohibited.

    It is legal to OC with a CPL anywhere on school grounds and CC with a CPL in the parking lot while dropping off or picking up a child from the school. The key factor here is having a CPL.

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    Except in Waterford, then you're screwed.

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    Quote Originally Posted by stainless1911 View Post
    Except in Waterford, then you're screwed.
    They are just too stupid to understand the wording in statutes.

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    Not to mention what happens when the sheeple can't defend the kids from ac active shooter. And teaching American history in class, and contradicting themselves the rest of the time.

  6. #6
    Anti-Saldana Freedom Fighter Venator's Avatar
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    Quote Originally Posted by budlight View Post
    You are not missing anything. Most LEOs were trained that guns on school property were totally prohibited.

    It is legal to OC with a CPL anywhere on school grounds and CC with a CPL in the parking lot while dropping off or picking up a child from the school. The key factor here is having a CPL.
    Where does it say you have to have a CPL? My research so far is that there is no state law that prohibits lawful firearm possession in schools. The only statute that I know of prohibits concealed carry.

    As for the federal law as long as a person has a permit or license to possess a firearm you are okay. A purchase permit would qualify.

    So what am I missing?
    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.

  7. #7
    Regular Member Golden Eagle's Avatar
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    Quote Originally Posted by Venator View Post
    Where does it say you have to have a CPL? My research so far is that there is no state law that prohibits lawful firearm possession in schools. The only statute that I know of prohibits concealed carry.

    As for the federal law as long as a person has a permit or license to possess a firearm you are okay. A purchase permit would qualify.

    So what am I missing?
    Agreed !

  8. #8
    Regular Member Bronson's Avatar
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    Quote Originally Posted by Venator View Post
    Where does it say you have to have a CPL?
    Right in the law you posted...sections 4, 5, & 6(d).

    Quote Originally Posted by Venator View Post
    I can't find a state law that states an adult can't possess a firearm on school property as long as the weapon and the person is lawful. If one looks up all the highlighted sections, they will find things like no weapons with unlawful intent, no machine guns, no tazers, etc. I can't find a statute other than concealed that prohibits firearms by lawful adults. Again state laws, I'm familiar with federal laws in this regard.

    What am missing?


    750.237a Individuals engaging in proscribed conduct; violation; penalties; definitions.

    Sec. 237a.
    (1) An individual who engages in conduct proscribed under section 224, 224a, 224b, 224c, 224e, 226, 227, 227a, 227f, 234a, 234b, or 234c, or who engages in conduct proscribed under section 223(2) for a second or subsequent time, in a weapon free school zone is guilty of a felony punishable by 1 or more of the following:
    (a) Imprisonment for not more than the maximum term of imprisonment authorized for the section violated.
    (b) Community service for not more than 150 hours.
    (c) A fine of not more than 3 times the maximum fine authorized for the section violated.
    (2) An individual who engages in conduct proscribed under section 223(1), 224d, 226a, 227c, 227d, 231c, 232a(1) or (4), 233, 234, 234e, 234f, 235, 236, or 237, or who engages in conduct proscribed under section 223(2) for the first time, in a weapon free school zone is guilty of a misdemeanor punishable by 1 or more of the following:
    (a) Imprisonment for not more than the maximum term of imprisonment authorized for the section violated or 93 days, whichever is greater.
    (b) Community service for not more than 100 hours.
    (c) A fine of not more than $2,000.00 or the maximum fine authorized for the section violated, whichever is greater.
    (3) Subsections (1) and (2) do not apply to conduct proscribed under a section enumerated in those subsections to the extent that the proscribed conduct is otherwise exempted or authorized under this chapter.
    (4) Except as provided in subsection (5), an individual who possesses a weapon in a weapon free school zone is guilty of a misdemeanor punishable by 1 or more of the following:
    (a) Imprisonment for not more than 93 days.
    (b) Community service for not more than 100 hours.
    (c) A fine of not more than $2,000.00.
    (5) Subsection (4) does not apply to any of the following:
    (a) An individual employed by or contracted by a school if the possession of that weapon is to provide security services for the school.
    (b) A peace officer.
    (c) An individual licensed by this state or another state to carry a concealed weapon.
    (d) An individual who possesses a weapon provided by a school or a school's instructor on school property for purposes of providing or receiving instruction in the use of that weapon.
    (e) An individual who possesses a firearm on school property if that possession is with the permission of the school's principal or an agent of the school designated by the school's principal or the school board.
    (f) An individual who is 18 years of age or older who is not a student at the school and who possesses a firearm on school property while transporting a student to or from the school if any of the following apply:
    (i) The individual is carrying an antique firearm, completely unloaded, in a wrapper or container in the trunk of a vehicle while en route to or from a hunting or target shooting area or function involving the exhibition, demonstration or sale of antique firearms.
    (ii) The individual is carrying a firearm unloaded in a wrapper or container in the trunk of the person's vehicle, while in possession of a valid Michigan hunting license or proof of valid membership in an organization having shooting range facilities, and while en route to or from a hunting or target shooting area.
    (iii) The person is carrying a firearm unloaded in a wrapper or container in the trunk of the person's vehicle from the place of purchase to his or her home or place of business or to a place of repair or back to his or her home or place of business, or in moving goods from one place of abode or business to another place of abode or business.
    (iv) The person is carrying an unloaded firearm in the passenger compartment of a vehicle that does not have a trunk, if the person is otherwise complying with the requirements of subparagraph (ii) or (iii) and the wrapper or container is not readily accessible to the occupants of the vehicle.
    (6) As used in this section:
    (a) “Antique firearm” means either of the following:
    (i) A firearm not designed or redesigned for using rimfire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including a matchlock, flintlock, percussion cap, or similar type of ignition system or a replica of such a firearm, whether actually manufactured before or after the year 1898.
    (ii) A firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
    (b) “School” means a public, private, denominational, or parochial school offering developmental kindergarten, kindergarten, or any grade from 1 through 12.
    (c) “School property” means a building, playing field, or property used for school purposes to impart instruction to children or used for functions and events sponsored by a school, except a building used primarily for adult education or college extension courses.
    (d) “Weapon free school zone” means school property and a vehicle used by a school to transport students to or from school property.

    History: Add. 1994, Act 158, Eff. Aug. 15, 1994
    Bronson
    Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. – Thomas Paine

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    Where is the link to MSP 86? I should have this bookmarked.

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    Regular Member WARCHILD's Avatar
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    Thanks bud.

  12. #12
    Anti-Saldana Freedom Fighter Venator's Avatar
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    Quote Originally Posted by Bronson View Post
    Right in the law you posted...sections 4, 5, & 6(d).



    Bronson
    The weapons are defined in the other section and a lawful possession of a firearm is not included. There IS an exemption for a CPL holder, but it's not required. Really read the statute and look at the sections it includes. section 224, 224a, 224b, 224c, 224e, 226, 227, 227a, 227f, 234a, 234b, or 234c
    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.

  13. #13
    Regular Member Golden Eagle's Avatar
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    750.237a Individuals engaging in proscribed conduct; violation; penalties; definitions.

    Sec. 237a.
    (1) An individual who engages in conduct proscribed under section 224, 224a, 224b, 224c, 224e, 226, 227, 227a, 227f, 234a, 234b, or 234c, or who engages in conduct proscribed under section 223(2) for a second or subsequent time, in a weapon free school zone is guilty of a felony punishable by 1 or more of the following:
    (a) Imprisonment for not more than the maximum term of imprisonment authorized for the section violated.
    (b) Community service for not more than 150 hours.
    (c) A fine of not more than 3 times the maximum fine authorized for the section violated.
    (2) An individual who engages in conduct proscribed under section 223(1), 224d, 226a, 227c, 227d, 231c, 232a(1) or (4), 233, 234, 234e, 234f, 235, 236, or 237, or who engages in conduct proscribed under section 223(2) for the first time, in a weapon free school zone
    Bronson, this only would apply if if using a gun illegally. If one is a felon, intoxicated, concealing or assaults someone (which is illegal anywhere anyway) but in a school zone the fines will triple.

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    Quote Originally Posted by Venator View Post
    The weapons are defined in the other section and a lawful possession of a firearm is not included. There IS an exemption for a CPL holder, but it's not required. Really read the statute and look at the sections it includes. section 224, 224a, 224b, 224c, 224e, 226, 227, 227a, 227f, 234a, 234b, or 234c
    Looks like I was mistaken saying a CPL was necessary for school carry. My bad.

  15. #15
    Michigan Moderator DrTodd's Avatar
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    Venator, this is just another poorly written law. For all intents and purposes, subsections 4,5, and 6 should have probably been its own MCL. But then again, no MCL would have been better.
    BTW, I know you are aware but for the others here, the cpl/license requirement that others have brought up is a federal requirement, not a Michigan one.
    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.

  16. #16
    Regular Member Bronson's Avatar
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    The way I read it:

    Sections 1 & 2 lay out the punishments if you violate any of the MCLs listed in 1 & 2 while in a weapon free school zone.

    Section 3 recognizes exemptions to sections 1 & 2.

    Section 4 clearly makes simple possession of a weapon in a weapon free school zone a misdemeanor offense.

    Section 5 offers exemptions to section 4, one of which is a CPL.

    Section 6 offers a definition of "school zone" which includes all school property.

    Sections 1 & 2 do not negate section 4.

    I believe DrTodd nailed it. Sections 4 & 5 should have been their own law but they are buried in this one.

    Bronson
    Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. – Thomas Paine

  17. #17
    Anti-Saldana Freedom Fighter Venator's Avatar
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    Quote Originally Posted by Bronson View Post
    The way I read it:

    Sections 1 & 2 lay out the punishments if you violate any of the MCLs listed in 1 & 2 while in a weapon free school zone.

    Section 3 recognizes exemptions to sections 1 & 2.

    Section 4 clearly makes simple possession of a weapon in a weapon free school zone a misdemeanor offense.

    Section 5 offers exemptions to section 4, one of which is a CPL.

    Section 6 offers a definition of "school zone" which includes all school property.

    Sections 1 & 2 do not negate section 4.

    I believe DrTodd nailed it. Sections 4 & 5 should have been their own law but they are buried in this one.

    Bronson
    Possibly so. Again poorly worded. Weapon not defined...(intentionly so???). A Screw-driver can be a weapon.
    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.

  18. #18
    Regular Member Bronson's Avatar
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    Quote Originally Posted by Venator View Post
    Possibly so. Again poorly worded. Weapon not defined...(intentionly so???). A Screw-driver can be a weapon.
    Agreed, but it's still the law on the books that we have to deal with.

    Bronson
    Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. – Thomas Paine

  19. #19
    Michigan Moderator DrTodd's Avatar
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    Not charged under this law...but let me tell you about the student who was expelled for posessing a..... (drumroll) PENCIL. Oh, the stories I could tell.
    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.

  20. #20
    Regular Member autosurgeon's Avatar
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    Quote Originally Posted by DrTodd View Post
    Not charged under this law...but let me tell you about the student who was expelled for posessing a..... (drumroll) PENCIL. Oh, the stories I could tell.

    I know what you mean. I used to use a piston and connecting rod painted red as a bathroom pass... then we got a new Principle and he decided it is a weapon... I told him to his face that he is an idiot as everything in my shop is a weapon if a piston is!
    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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