Cleared in Self-Defense, Charged for Carrying: Michigan Case Shows Why ‘Sensitive Places’ Fail

Glock 9mm Semi-automatic pistol.
Christopher Gill’s Michigan self-defense case highlights the danger posed by carry bans in so-called “sensitive places.” iStock-1454441872

A licensed concealed carry holder in Michigan is now facing punishment not because prosecutors say he committed a crime in his defensive gun use, but because the state says he was armed in the wrong place when he needed that gun the most. That is exactly why so-called “sensitive places” laws remain one of the most dangerous and constitutionally suspect fronts in the post-Bruen Second Amendment fight.

According to Fox 2 Detroit’s reporting, Genesee County prosecutors determined that 23-year-old Christopher Gill acted in lawful self-defense after being attacked inside a restroom at Ballenger Fieldhouse on the campus of Mott Community College during a day of basketball games. Prosecutors say Gill was confronted by a group, restrained, and punched several times. During the assault, Gill managed to reach into his hoodie pocket, where he had a handgun, and fired one shot through the hoodie, striking Malik Zamir Henderson. Prosecutor David Leyton ruled the shooting was lawful self-defense.

Henderson was charged with gang membership, assault with intent to rob while unarmed, and assault with intent to do great bodily harm less than murder. Gill, by contrast, was not charged over the shooting itself. Instead, he was charged with carrying a concealed handgun in a sports arena, a Michigan law lists a “sports arena or stadium” among the places where a concealed pistol license holder may not carry concealed. For a first offense, Michigan law provides for a civil infraction, a fine of up to $500, and a six-month license suspension; state guidance also says the pistol is subject to immediate seizure if carried concealed in a prohibited area.

That split outcome should get the attention of every gun owner in America. The government’s position here is effectively this: yes, you were lawfully defending yourself against a violent assault, but you still should not have been armed when the attack happened because the legislature had already declared that location a “sensitive place.” That insane theory collapses the moment it meets real life. The danger to Gill did not disappear because he was inside an athletic facility. The criminal assault did not stop because the law supposedly made the venue special.

The only thing the location-based ban changed was that it exposed a licensed concealed carry holder to punishment after he survived the kind of attack that proves why the right to bear arms exists in the first place.

This is also why the recent Texas ruling on similar bans matters. In Ziegenfuss v. Martin, a federal judge upheld Texas restrictions on carrying firearms at racetracks, at businesses deriving 51 percent or more of their income from on-premises alcohol sales, and at premises where high school, collegiate, professional, or interscholastic sporting events are taking place. As the AmmoLand report on that case explained, the court acknowledged that the conduct still falls within the plain text of the Second Amendment, and even recognized there is “no carve out” from the Bruen framework for sensitive places, but still concluded Texas had shown enough historical analogues to keep the bans in place.

That is where these cases become so troubling for gun owners. Once courts allow governments to stretch the “sensitive places” label beyond the narrow, historically grounded examples discussed in Bruen, the category becomes elastic enough to swallow ordinary public life. A school event becomes the same as a school. A sports arena becomes just another place the state can wall off from the right to bear arms. A restaurant, bar district, racetrack, fairground, or entertainment venue becomes subject to disarmament-by-analogy.

The result is predictable: the law-abiding are told to go unarmed into exactly the kinds of public places where robberies, gang violence, and spontaneous attacks still occur.

Prosecutors say a licensed citizen was cornered and assaulted by multiple men in a restroom during a public sporting event. Gill survived because he was armed and able to defend himself; prosecutors themselves say his use of force was lawful. Yet the state still insists that the true offense was his decision to be armed in the first place. That is not a compelling defense of public safety. It is an indictment of a legal regime that treats the presence of a lawful gun owner as the problem, even after the facts show the actual threat came from violent attackers.

Under N.Y. State Rifle & Pistol Ass’n v. Bruen, the burden is supposed to be on the government to show that modern firearm restrictions are consistent with the nation’s historical tradition of firearm regulation. The Supreme Court identified a few examples of places that had historically been treated differently, such as legislative assemblies, polling places, and courthouses, while warning against expanding that concept to all places of public congregation.

The more courts drift from that warning, the more they risk turning a limited historical exception into a broad license for governments to disarm ordinary citizens in the very spaces where they move through daily life.

Michigan’s sensitive places carry ban may be on the books, but cases like this show why such bans deserve renewed constitutional scrutiny.

A right that disappears whenever a citizen enters a gym, stadium, arena, or event venue is not much of a right at all. Violent criminals do not respect “sensitive place” signs. Predators do not call time out because lawmakers declared a building special. And when a lawful citizen is forced to defend his life in one of those places, the state should not pretend the real issue was that he was armed and had the means to survive.

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hoss

As a Michigan permit holder that has been vetted by the MSP, the local police, the Sheriff in my county, not to mention the FBI, and maybe some others that I’m not aware of, and I am not trusted to carry concealed in so called sensitive places? Does this mean that for all their boasting these agencies are not as good at their jobs as they think they are?
One word; Pitiful!

The Davidtollah

Imagine the state banning open signs and symbols of religious belief/affiliation – no crucifixes, no niqabs, no yarmulkes, etc – in certain places. Would that be tolerated? Of course not. It would labeled an infringement upon the religious beliefs of the persons who wear such displays. But, interestingly, it would not actually affect their personal religious beliefs, which no law or act can take from them because it is in their hearts and in their minds. I think most can agree that a law permitting such bans would be unconstitutional. Now lets consider the state banning the carry of firearms… Read more »

Fred Lead

The “sensitive places” law only acts to punish those that would dare to take the responsibility of their own safety away from the State. It is not about public safety, it’s about public control; any law that purposefully removes an individual’s rights for the primary purpose of increasing the State’s power is illegitimate. The article rightfully points out it is a framework to decrease individual rights and increase State power through expansion of arbitrary definitions. It is unlawful to be intoxicated while carrying a firearm in most, if not all, states; why then are places that predominantly sell alcohol (bars)… Read more »

john

Better to be alive than dead. Michigan law in unconstitutional defended his life while democrats defend criminals. Prosecutors say Gill was confronted by a group, restrained, and punched several times. Prosecutors say a licensed citizen was cornered and assaulted by multiple men in a restroom during a public sporting event. Michigan is undergoing active, local-level reform regarding cash bail, with efforts focused on reducing reliance on monetary bonds to address socio-economic inequities In other words Prosecutor’s will support those that commit crimes of their choosing based on social standings   The 36th District Court in Detroit signed a 5-year agreement with… Read more »

Mayor of Montvale

Many defensive uses of firearms occur without a shot being fired. These are far less inclined to be called in to law enforcement (who would be good for showing up after a while and filing reports). This is why there are no definitive numbers on how many defensive uses of firearms actually occur in a given year, month, etc. There are commenters on this board who promote “carry anyway, regardless of on site signage”, who if they themselves act in this fashion, may be subject to the same process as this poor shlub. “Better to be judged by 12 than… Read more »

Jerry C.

Who assaults a person? Another person. The greater the number of people in one’s immediate environs, the greater the possibility one of those people might be a potential attacker. Seems to me that if a right to self-defense exists, possessing the means of self-defense becomes even more necessary in places where large numbers of people are packed into small areas. While the government may contend that it is precisely because of that density raising the odds of incidental injury or death to a bystander that they prohibit carry in them, why is my life assigned less value than the bystander’s?… Read more »

StLPro2A

Play it again, Sam…LOUDER….LOUDER!!! Sensitive places…aka Gun Free Zones…..aka Killing Zones… and, again, Sam…Politicians with laws never stop bad guys with guns, evil intent. They merely control the good guys, which is their true agenda.

swmft

the reason goobers should be hung by neck till dead prosecutor should be dumped in gang land no weapons after beat up and robbed sprayed with alcohol and lit

Get Out

Wonder if the sporting venue (Ballenger Fieldhouse on the campus of Mott Community College) could be sued or found at fault for their failure to ensure everyone’s safety in a GFZ (Sensitive places) that led to the incident.

Last edited 7 days ago by Get Out
Dan Griffin

Should have OCed. Problem solved.