Judge Upholds Open Carry Gun Rights Against Scofflaw School District

By Dean Weingarten

Michigan Gun Owner sat Meeting
Judge Upholds Open Carry Gun Rights Against Scofflaw School District
Dean Weingarten
Dean Weingarten

Arizona – -(Ammoland.com)- Michigan 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.

c2014 by Dean Weingarten: Permission to share is granted when this notice is included. Link to Gun Watch

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.

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RayJN
RayJN
5 years ago

Clark Kent It is an unsubstantiated claim that concealed carry holders are safer than police, however: NEW YORK Aug 2012– All nine people wounded during a dramatic confrontation between police and a gunman outside the Empire State Building were struck by bullets fired by the two officers, police said Saturday, citing ballistics evidence. The veteran patrolmen who opened fire on the suit-wearing gunman, Jeffrey Johnson, had only an instant to react when he whirled and pointed a .45-caliber pistol as they approached him from behind on a busy sidewalk. Officer Craig Matthews shot seven times. Officer Robert Sinishtaj fired nine… Read more »

resistance is futile
resistance is futile
6 years ago

It’s time to send educators back for reeducation on the constitution or remove them. Why should we allow these people to teach our children pettiness and hipocritical ideas that conform with their idiotic thoughts. We should create laws to make the people responsible for these court cases pay instead of making us foot the bill.

Clark Kent
Clark Kent
6 years ago

‘People with concealed carry permits are safer than police officers’. Any facts to back up that unsubstantiated claim?

Eric
Eric
6 years ago

More Socialism to take what the average American makes and then some. How will you keep paying property tax that doubles every 10 years. America’s tax system is broken along with government spending.

james
james
6 years ago

time to start to vote out these elected school officials and administrators or vote out those who appointed them.

Danny Griffin
Danny Griffin
6 years ago

Clio has decided to appeal the decision to the Michigan Court of Appeals. Because the school district knowingly violated the law and came right out and said that they don’t care and are simply “making a statement” about school carry, MOC and Mr. Herman are asking the judge for costs for this lawsuit.

CarlCasino
CarlCasino
6 years ago

Amen on the plaintiff paying all costs associated with frivolous lawsuits. The 2nd amendment has had more litigation at all levels and my 13 year old Grand Daughter can read the Amendment and get it right. That tells me volumes about the mentality of the Black Robed Geniuses consuming oxygen at the Taxpayers expense.

Laddyboy
Laddyboy
6 years ago

These “administrators”, “groups” or “government agencys” who keep challenging the Constitutional RIGHTS of any law abiding citizenry should pay for ALL court costs, lawyer costs, emotional stress and loss of work salaries which are INCURRED in these cases which go against the RIGHTS of Americans.