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Thread: Judge Says, CADL No Weapons Policy is Legal

  1. #1
    Regular Member xmanhockey7's Avatar
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    Judge Says, CADL No Weapons Policy is Legal

    It's official, The Capital Area District Library's no weapons policy is legal. The CADL recently implemented the policy but groups like Michigan Open Carry said the library couldn't do that.


    http://www.wlns.com/Global/story.asp?S=14720612
    "No state shall convert a liberty to a privilege, license it, and charge a fee therefor.- Murdock vs Pennsylvania 319 US 105

    ...If the state converts a right into a privelege, the citizen can ignore the license and fee and engage in the right... with impunity.
    - Shuttleworth vs City of Birmingham, Alabama 317 US 262

    Where rights secured by the Constitution are involved, there can be no legislation which would abrogate them.
    - Miranda vs Arizona 384 US 436

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    Regular Member MarineSgt's Avatar
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    Lansing politics at its finest! She's going to let the Supreme Court deal with it so she doesn't look like the bad guy.
    Someone who can't be trusted to walk free in public with a firearm shouldn't be walking around free.

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    Regular Member VW_Factor's Avatar
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    How did that happen?

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    Regular Member HKcarrier's Avatar
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    Quote Originally Posted by MarineSgt View Post
    Lansing politics at its finest! She's going to let the Supreme Court deal with it so she doesn't look like the bad guy.

    That was my thoughts.... she didn't want to have to make a tough call.. (even though according to the LAW it's not a tough call)

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    She still looks like a bad guy, and should be treated as such.

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    Regular Member TheQ's Avatar
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    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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    To ALL Whom it May Concern:

    Unfortunately..., The Judges' Ruling on THE LETTER of The Law is Correct.

    Captial Area District Library Properties do NOT Qualify as a 'Local Unit of Government' under MCL 123.1101, because; ACT 319 of 1990 Defines 'Local Unit of Government' as ONLY a City, Village, Township, or County.

    The Michigan Legislature could Fix this by Adding: [..., or any other Agency, Authority, Board, Bureau, Chair, Commission, Committee, Department, District, Division, or any other Instrumentality or Political Subdivision of This State, or any other Instrumentality or Polictical Subdivision or Body Named above when any City, Village, Township, or County Creates The Same Body by a Joint Venture in Expenditure of Public Funds or Taxes between Them, or a School District, Unified School District, The State Board of Education, or any other School that such State Board of Education would otherwise Administer.]

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    Regular Member quarter horseman's Avatar
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    BS! I hate to hear this news.

  9. #9
    Regular Member PDinDetroit's Avatar
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    Quote Originally Posted by aadvark View Post
    To ALL Whom it May Concern:

    Unfortunately..., The Judges' Ruling on THE LETTER of The Law is Correct.

    Captial Area District Library Properties do NOT Qualify as a 'Local Unit of Government' under MCL 123.1101, because; ACT 319 of 1990 Defines 'Local Unit of Government' as ONLY a City, Village, Township, or County.

    The Michigan Legislature could Fix this by Adding: [..., or any other Agency, Authority, Board, Bureau, Chair, Commission, Committee, Department, District, Division, or any other Instrumentality or Political Subdivision of This State, or any other Instrumentality or Polictical Subdivision or Body Named above when any City, Village, Township, or County Creates The Same Body by a Joint Venture in Expenditure of Public Funds or Taxes between Them, or a School District, Unified School District, The State Board of Education, or any other School that such State Board of Education would otherwise Administer.]
    If she actually ruled on the LETTER OF THE LAW, you would be correct. As it stands, that is not the case.

    ETA: MCL 124.504 should "shine some light" on the subject.

    http://legislature.mi.gov/doc.aspx?mcl-124-504
    Last edited by PDinDetroit; 05-26-2011 at 02:19 PM. Reason: Additional information

  10. #10
    Anti-Saldana Freedom Fighter Venator's Avatar
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    Quote Originally Posted by aadvark View Post
    To ALL Whom it May Concern:

    Unfortunately..., The Judges' Ruling on THE LETTER of The Law is Correct.

    Captial Area District Library Properties do NOT Qualify as a 'Local Unit of Government' under MCL 123.1101, because; ACT 319 of 1990 Defines 'Local Unit of Government' as ONLY a City, Village, Township, or County.

    The Michigan Legislature could Fix this by Adding: [..., or any other Agency, Authority, Board, Bureau, Chair, Commission, Committee, Department, District, Division, or any other Instrumentality or Political Subdivision of This State, or any other Instrumentality or Polictical Subdivision or Body Named above when any City, Village, Township, or County Creates The Same Body by a Joint Venture in Expenditure of Public Funds or Taxes between Them, or a School District, Unified School District, The State Board of Education, or any other School that such State Board of Education would otherwise Administer.]
    The legislature didn't need to list an authority as it is common sense to realize that the authority is formed and is an extension of and could only exist by the powers granted to a local unit of government. An authority does not have more powers than the governments that created it. Duh!

    Someone else made the analogy of parents and a child. The child can not have more powers than the parents. Or look at it this way. As was stated in other posts...Men and Woman are human. A man and a Woman have a child. The child is not listed as a human, therefore the child is not human.
    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.

  11. #11
    Anti-Saldana Freedom Fighter Venator's Avatar
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    Quote Originally Posted by aadvark View Post
    To ALL Whom it May Concern:

    Unfortunately..., The Judges' Ruling on THE LETTER of The Law is Correct.

    Captial Area District Library Properties do NOT Qualify as a 'Local Unit of Government' under MCL 123.1101, because; ACT 319 of 1990 Defines 'Local Unit of Government' as ONLY a City, Village, Township, or County.

    The Michigan Legislature could Fix this by Adding: [..., or any other Agency, Authority, Board, Bureau, Chair, Commission, Committee, Department, District, Division, or any other Instrumentality or Political Subdivision of This State, or any other Instrumentality or Polictical Subdivision or Body Named above when any City, Village, Township, or County Creates The Same Body by a Joint Venture in Expenditure of Public Funds or Taxes between Them, or a School District, Unified School District, The State Board of Education, or any other School that such State Board of Education would otherwise Administer.]
    It's in the works, as drafts have been handed to some legislators.
    Last edited by Venator; 05-26-2011 at 06:29 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.

  12. #12
    Regular Member dukenukum's Avatar
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    The next time they ask for more taxpayer money we should say no.

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    Next time anyone asks for taxpayer money we should say no.

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    Regular Member eastmeyers's Avatar
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    Quote Originally Posted by dukenukum View Post
    The next time they ask for more taxpayer money we should say no.
    They should have no tax money at all, period. They are not a form of government, they just went to court to prove it.
    "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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    Regular Member PDinDetroit's Avatar
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    Quote Originally Posted by eastmeyers View Post
    They should have no tax money at all, period. They are not a form of government, they just went to court to prove it.
    All they wanted was that they were not a form of a "local unit of government" under MCL 123.1101.

    http://legislature.mi.gov/doc.aspx?mcl-123-1101

  16. #16
    Regular Member eastmeyers's Avatar
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    Quote Originally Posted by dukenukum View Post
    The next time they ask for more taxpayer money we should say no.
    Quote Originally Posted by eastmeyers View Post
    They should have no tax money at all, period. They are not a form of government, they just went to court to prove it.
    Quote Originally Posted by PDinDetroit View Post
    All they wanted was that they were not a form of a "local unit of government" under MCL 123.1101.

    http://legislature.mi.gov/doc.aspx?mcl-123-1101
    Just venting and making a point.
    "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."
    Luke 22:36
    God Bless

  17. #17
    Regular Member PDinDetroit's Avatar
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    Quote Originally Posted by eastmeyers View Post
    Just venting and making a point.
    Roger - feel your pain.

    Just think about a time in the future when the Michigan Legislature has "weighed in"...

  18. #18
    Regular Member Onnie's Avatar
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    From the Lansing urinal

    A law clerk for Aquilina said the disposition was granted because the court decided a jury trial was not necessary to decide a legal opinion about CADL's authority.

    You bet she did not want a jury trial, then she would 100 percent control over the decision
    When Guns are OUTLAWED, Ill be an OUTLAW
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    Im not a lawyer, but I did play a Klingon once at Universal Studios

  19. #19
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    Quote Originally Posted by stainless1911 View Post
    Next time anyone asks for taxpayer money we should say no.
    Really? Are you tearing up those taxpayer funded checks being delivered to you? lol

    (sorry, couldn't help myself. You've been doing good lately but that was just to juicy to pass up.)
    Last edited by scot623; 05-26-2011 at 05:32 PM.

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    Its cool.

  21. #21
    Regular Member eastmeyers's Avatar
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    Quote Originally Posted by scot623 View Post
    Really? Are you tearing up those taxpayer funded checks being delivered to you? lol

    (sorry, couldn't help myself. You've been doing good lately but that was just to juicy to pass up.)
    Isn't SSDI an Insurance, isn't that what the I stands for??? Don't you have to pay in a certain amount before you are ever eligible to receive the "insurance" benefits? Just curious. lol

    How about we get this judge voted out so we can just tear up her government pay check?
    Last edited by eastmeyers; 05-26-2011 at 06:04 PM.
    "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."
    Luke 22:36
    God Bless

  22. #22
    Regular Member detroit_fan's Avatar
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    Any word from some of the bigger groups? nra, saf, goa, mcrgo, anyone?

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  24. #24
    Regular Member detroit_fan's Avatar
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    Quote Originally Posted by Venator View Post
    It's in the works, as drafts have been handed to some legislators.
    I hope there has bee a good reception to this in the state legislature, as I think it is the best overall strategy. With solid republican majorities, now would be the time to move on this imo.

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    So, using Aquilina's logic, a county, town, or village could create a Parks & Recreation Authority, a Streets and Transportation Authority, a Municipal Infrastructure Authority, etc., and each of those would be free to ban guns from parks, the streets and roadways, and all government property.

    Riiiight.

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