Judge Upholds Open Carry Gun Rights Against Scofflaw School District


Dean WeingartenMichigan allows people with concealed carry permits to carry guns in schools, with a twist; the guns have to be openly carried in the school. 

Michigan preemption law prevents local units of government from enacting a patchwork or local, contradictory laws, many of which violate basic Second Amendment rights.  MCL 123.1101(a) and MCL 123.1102 preempt local units of government from regulating firearms.

School Districts are local units of government.  In Michigan, a number of school districts are unwilling to abide by State law, and routinely violate it.  A lawsuit was filed in March.

From Michigan MIOpenCarry.org:

As set forth in the precedent setting opinion of Capital Area District Library v. Michigan Open Carry, Inc, school Districts are barred from making rules forbidding the lawful carry of a pistol. Yet, many districts throughout the state continue to do so with illegal policies and bullying. Michigan Open Carry, Inc (MOC) has partnered with Kenneth Herman to file suit against Clio Area Schools (CAS).  Mr. Herman is a dues paying member of MOC

On Monday, the Michigan Judge ruled in favor of Kenneth Herman.  From MLive.com:

Genesee Circuit Judge Archie Hayman on Monday, Aug. 10 2015, ruled in favor of Kenneth Herman, who filed the lawsuit March 5 2015 in Genesee County Circuit Court against the Clio Area School District after he was denied access to Edgerton Elementary multiple times while attempting to pick up his daughter because he was open-carrying a pistol.

“The ruling today does not come as a surprise, the law is the law,” Herman said after Hayman’s decision. “Now that Clio Area Schools have heard the ruling, read the laws and the Court of Appeals case law has been explained to them, I they stop burning through tax dollars fighting the law and common sense.”

The Clio Area School District board will continue to spend other people’s money and risk other people’s children, because it is a ideological issue to them.  Their current tactic is to put the school into “lockdown” whenever a legally armed and licensed parent, who they already know is legal and safe, shows up at their school.

It makes no difference to them that people with concealed carry permits are safer than Police officers.

Their problem is that the concealed carry permit holder is not controlled by the State, as police officers are.  The School District has no problem with police officers carrying on school property, but it goes rabid with rage at the idea of a parent showing children that private citizens have the right to legally and openly carry firearms.

I predict the School District will appeal this decision.  After all, they are using other people’s money.

I also predict that they will lose.

About Dean Weingarten:

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

©2014 by Dean Weingarten: Permission to share is granted when this notice is included. Link to Gun Watch

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