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CADL v MOC Update - ANOTHER Hearing Date (OC Anywhere in MI = Crime! - so CADL Wants)

TheQ

Regular Member
Joined
Aug 2, 2010
Messages
3,379
Location
Lansing, Michigan
A thread on MGO and MOC no one will want to miss!

esq_stu said:
CADL has filed a motion for Summary Disposition with the court. They are seeking a judgment even before the June hearing on the issues of preemption and brandishing. They want a ruling before the June hearing stating that:

1) The library is not preempted from regulating firearms; and
2) Open carry is brandishing as a matter of law under (MCL 750.234e (brandishing a firearm in public)).

The remaining issue at the June hearing would then focus mainly on the issue of whether the library is a "weapon free school zone." At the June hearing CADL will need to prove it's libraries are schools.

Needless to say, counsel for MOC and MGO disagree with these positions and we'll be prepared to respond. I will post a copy of the motion and brief as soon as I can get it scanned.

The hearing on CADL's motion is scheduled for Wednesday, May 25, 2011 at 2:30 p.m.

WHEREFORE, Plantiff CADL request that this honorable Court:
....
B. Determine that the open carrying of weapons by Defendants violates MCL 750.234e;
...
D. Grant Plaintiff CADL fees and costs in bringing this action, including reasonable attorney fees; and...

1. Interesting -- only the open carry of firearms by the "Defendants" (strange, I only see one name on the case, MOC, and as we discussed MOC is only a organization and not a real person and as such can't carry a paperclip, no less a handgun). Since there is only one Defendant listed on the top of the case, why say "Defendants"? Maybe they need grammar lessons?
2. It seems the DA's of Michigan (at least in Ingham County) won't have to try a case to make Open Carry illegal, CADL will do their dirty work for them. If the judge so declares, LPD and Ingham County Sheriff could start arresting people for Open Carry...and Stuart Dunning (Ingham County DA) would have case law when seeking a conviction.

A few thoughts:
1. This is a fight we must win or possibly kiss open carry goodbye in Michigan.
2. This judge is scary.
3. If we lose, we must appeal (or kiss OC in MI Goodbye). This will not be inexpensive.
4. If they win and we don't appeal, they want money out of MOC (and MGO if they join them?) anyhow (part "D" of their Prayer)!
 

TheQ

Regular Member
Joined
Aug 2, 2010
Messages
3,379
Location
Lansing, Michigan
WOW THE balls on that mentally incompetent person Brandishing is defined through out history as not mere possession

Indeed! Since I've not seen you're face around here before, I should plug that MOC Has a Legal Fund. Every dollar or five helps us win this case.

Michigan Open Carry Inc. will need donations to pay for our legal defense of the temporary restraining order issued against us and our members(see other thread for details). Per legal counsel, a separate legal fund should not be created. All donations to MOC for this endeavor are much appreciated. A selfless MOC member has made a generous offer of $1000 in matching funds for the first $1000 donated. MOC has a PayPal page/account set up for electronic/credit card donations. There is a line which asks for "Purpose", please indicate "Legal Defense" and we will purpose those funds directly towards that end. Checks can also be sent to our PO box, please write "Legal Defense" in the notes section. Thank you in advance for your support.


https://www.paypal.com/cgi-bin/webscr?cmd=_s-xclick&hosted_button_id=PDWLSZR4ANB5U


Michigan Open Carry
PO Box 8326
Eastpointe, MI 48021
 
Last edited:

stainless1911

Banned
Joined
Dec 19, 2009
Messages
8,855
Location
Davisburg, Michigan, United States
This is not now,, and never has been an MOC, or MGO or OCDO thing, this is an OC thing. Now that OC is threatened, it is no longer an OC/ CC thing either, a dedicated CCer could easily be charged if this goes through, even if he/she was unaware that the piece came uncovered, even briefly.
 

xmanhockey7

Regular Member
Joined
Jun 15, 2010
Messages
1,195
From the Michigan Constitution......
Right to bear arms.

13. Every person has a right to bear arms for the defense of himself and the state.

http://www.legislature.mi.gov/documents/historical/miconstitution1835.htm

I am 18 and am not old enough to get a Michigan CPL so the only LEGAL way for me to carry is openly. If this RIGHT is taken away from me they had better be willing to allow me to get a CPL. If not, I would say in Michigan, I am no longer considered a "person".
 

maustin195

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Jan 5, 2010
Messages
120
Location
, ,
So by the Cadl interpitation there will no longer be any armed guards,no armed money transport, no armed service men and more I am sure I can't think of. They would be illegal because Mcl 750.234e only allows open carry be peace officers while on the job.
 

HKcarrier

Regular Member
Joined
Mar 9, 2011
Messages
816
Location
michigan
I am beyond words. IANAL but I can't possibly see how ANY of this hogwash can stand and how they can want to MOVE it up...

This is such a TEXTBOOK case of legislating form the bench.


SHE IS GOING TO -COMPLETELY- GO AGAINST MICHIGAN LAW AND THE US CONSTITUTION FROM THE BENCH.... going around legislature... going around the people....

Wow... seriously. Just wow.
 

riverrat10k

Regular Member
Joined
Aug 24, 2008
Messages
1,472
Location
on a rock in the james river
Now I'm pissed!

I am currently tapped out helping Skidmark (see VA) and Mark (see PA) but it looks like it is time to dig deep for Michigan now!

Now, the rest of y'all behave and be good little slaves, I am not a wealthy man! /sarc
 

HKcarrier

Regular Member
Joined
Mar 9, 2011
Messages
816
Location
michigan
I'm glad you guys got some bigger grapes than me.... if Judge Aqualung says it's a no-go... I can't risk the trouble... :(
 
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