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Thread: Will Campus Carry Be Legit If New Laws Sail Through?

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    Regular Member The Expert's Avatar
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    Will Campus Carry Be Legit If New Laws Sail Through?

    There is a nice long thread here about putting up support for the new bills designed to eliminate Pistol Free Zones. I was wondering, if it passes, will we be good-to-go to carry at the major state Universities? I know that this is a hiccup area because they are considered "separate constitutional entities" and all.

    This is a big concern for me as I currently attend U-M Dearborn and am targeting a graduate program at Wayne State in the next 18 months. So I spend a LOT of time in these places.
    I always open carry one of my Kimber 1911 pistols everywhere I go. Usually in a paddle holster. Nothing fancy, but it works for me.

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    Regular Member TheQ's Avatar
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    Unless MCL 123.1101 gets modified to include colleges/university, local university laws could still apply.
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

  3. #3
    Anti-Saldana Freedom Fighter Venator's Avatar
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    Quote Originally Posted by TheQ View Post
    Unless MCL 123.1101 gets modified to include colleges/university, local university laws could still apply.
    Though dorms and classrooms you would be allowed to CC by state law, but can be banned by the individual colleges until as Q stated they were included under a new preemption law.
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    *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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    Quote Originally Posted by Venator View Post
    Though dorms and classrooms you would be allowed to CC by state law, but can be banned by the individual colleges until as Q stated they were included under a new preemption law.
    This... For example, U of M can still charge you for carrying on any property owned by it for carrying a firearm. So until that is hashed out in the courts, even with the repeal of PFZs, I won't be carrying on any large college campus.

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    Quote Originally Posted by Sefner View Post
    This... For example, U of M can still charge you for carrying on any property owned by it for carrying a firearm. So until that is hashed out in the courts, even with the repeal of PFZs, I won't be carrying on any large college campus.
    +1 This bill will have no affect on colleges like U of M who have their own constitution.

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    How is it that Colleges/Univiersities throughout Michigan are EXEMPT from ACT 319 of 1990?

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    Regular Member TheQ's Avatar
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    Quote Originally Posted by aadvark View Post
    How is it that Colleges/Univiersities throughout Michigan are EXEMPT from ACT 319 of 1990?
    Go read MCL 123.1101. Where is college/uni mentioned?
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

  8. #8
    Michigan Moderator DrTodd's Avatar
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    Quote Originally Posted by aadvark View Post
    How is it that Colleges/Univiersities throughout Michigan are EXEMPT from ACT 319 of 1990?
    Here is a link that will explain the reasoning; start reading the section entitled "Constitutional Analysis".

    http://www.ag.state.mi.us/opinion/da...0s/op06723.htm
    Giving up our liberties for safety is the one sure way to let the violent among us win.

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    Regular Member Michigander's Avatar
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    Also remember the community colleges act. In essence it was a power grab for all community colleges to be technically state owned and run, even though they are at the community level in name. It gives them unbounded authority to do whatever their boards decide to do. Only laws that tell them exactly what they can't do over ride this law.

    So, you'd have thought that the bill of rights and the Michigan constitution would apply, and that therefore they couldn't touch carrying any more than they could decide to have JBT's tear gas and baton students at random to ensure order. But by the way some absurd portions of this law are written, you could easily argue that this law attempts to give them the authority to do either. It is something that needs to be taken to court, or legislated on.
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    parking lot

    Quote Originally Posted by Michigander View Post
    Also remember the community colleges act. In essence it was a power grab for all community colleges to be technically state owned and run, even though they are at the community level in name. It gives them unbounded authority to do whatever their boards decide to do. Only laws that tell them exactly what they can't do over ride this law.

    So, you'd have thought that the bill of rights and the Michigan constitution would apply, and that therefore they couldn't touch carrying any more than they could decide to have JBT's tear gas and baton students at random to ensure order. But by the way some absurd portions of this law are written, you could easily argue that this law attempts to give them the authority to do either. It is something that needs to be taken to court, or legislated on.
    If attending a event at U of M Dearborn can u park on their property and leave gun in vehicle

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    Regular Member TheQ's Avatar
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    Quote Originally Posted by bossbart View Post
    If attending a event at U of M Dearborn can u park on their property and leave gun in vehicle
    I believe this would be a violation on your park
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

  12. #12
    Regular Member PDinDetroit's Avatar
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    We need a change like the attached...

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    Regular Member TheQ's Avatar
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    Quote Originally Posted by PDinDetroit View Post
    We need a change like the attached...
    How about just saying if 10% or more of your revenue comes from a public tax source?
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

  14. #14
    Anti-Saldana Freedom Fighter Venator's Avatar
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    Quote Originally Posted by TheQ View Post
    How about just saying if 10% or more of your revenue comes from a public tax source?
    Specify state or local tax, Federal taxes we can't regulate upon.
    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.

  15. #15
    Activist Member hamaneggs's Avatar
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    Quote Originally Posted by PDinDetroit View Post
    We need a change like the attached...
    Send all law change Ideas to steve@stevenwdulan.com .He has requested Ideas to present to the Pro-gun legislators!
    Last edited by hamaneggs; 02-11-2011 at 02:16 PM.
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  16. #16
    Regular Member xmanhockey7's Avatar
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    Quote Originally Posted by hamaneggs View Post
    Send all law change Ideas to steve@stevenwdulan.com .He has requested Ideas to present to the Pro-gun legislators!
    Who exactly is he? I would like to email him about removing the liquor licence pfz out (for non cpl) and talk about lowering the CPL age no guarantee it works but worth a shot.

  17. #17
    Michigan Moderator DrTodd's Avatar
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    Quote Originally Posted by TheQ View Post
    How about just saying if 10% or more of your revenue comes from a public tax source?
    So if the state hires a construction company to work on the highways of Michigan and, if 10% of that company's revenue comes from this contract or many contracts, would this situation fall under your proposal?
    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.

  18. #18
    Regular Member TheQ's Avatar
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    Quote Originally Posted by xmanhockey7 View Post
    Who exactly is he? I would like to email him about removing the liquor licence pfz out (for non cpl) and talk about lowering the CPL age no guarantee it works but worth a shot.
    Steve Dulan is a pro 2A attorney near Lansing.
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

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