||11-22-2013 12:55 AM
Michigan Open Carry Prevails!
This is most awesome
Michigan Open Carry was sued by Capital Area District Library for violating the library rules on carrying firearms. MOC lost in District Court, prevailed in appeals court, and again at state supreme court. CADL's argument was that they were not subject to state's preemption rules and could make their own rules on firearms. Interesting part of the entire case, many of the firearms crowd said it doesn't matter to me, I'm a hunter, or I only CC. HOWEVER, the case was on their ban on ALL firearms.
It's a great day with even the liberal court members voting to uphold the state constitutional preemption.
It's a sad day for the users of the library, as they have lost well over 100k in financials chasing their ridiculous claim.
||11-22-2013 11:01 PM
State preemption clauses apply to ALL governmental entities. Cities, Counties, Water Districts, Library Districts, etc. If they are a taxing authority, it applies. Nice to see little generals get their comuppance
||11-22-2013 11:23 PM
In the days of BHO... It's refreshing to see that sun still does rise in the East and that the sky is still Blue!
||11-23-2013 03:47 AM
Timeline written by President MOC
CADL vs. MOC - Chronological History
Circa Early December 2010: Phillip Hofmeister (Local Coordinator for MOC) openly carries his holstered Springfield XDm into the downtown branch of CADL to pick up a book that he had reserved "on hold". In and out in less than 5 minutes, no issues.
Circa Mid-December 2010: Tyler Hiliker openly carried a Remington 870 into CADL. He gets asked to leave and complies.
Circa Late December 2010: Phillip Hofmeister attends CADL board meeting (while CC). No issues, the gun matter wasn't brought up but CADL did approve their annual budget which had ~$28,000 for their legal budget (guess they blew that out of the water).
Circa Early January 2011: Phillip Hofmeister takes Library book back that was borrowed in December. Before turning it in, he sits down in the middle of the Library and reads the book. Within 5 minutes a Security Guard asks him to leave. Hofmeister offers to cover up his firearm with his coat (having a CPL). The Security guard insists no guns (open or concealed) are allowed in the Library. Hofmeister leaves.
January 2011: Various members of the public openly carry a handgun into the Library. They are asked to leave and most do. When they refuse LPD is called and shows up asking the person to leave or face trespass.
Mid-January 2011: Phillip Hofmeister and Brian Jeffs (MOC Director of Research) are hasseled by the Security guard of CADL and LPD because they refuse to answer the question of whether or not they were carrying (neither of them were). After having their 4th and 5th amendment rights violated, they are permitted to attend the CADL Board meeting they were there to attend. Brian Jeffs speaks to the CADL board.
Early February 2011: Rob Harris (MOC VP) calls LPD Police Captain (now chief) Yankowski. Harris convinces Yankowski that by sending his men, he's essentially enforcing a local ordinance in violation of MCL 123.1102. Yankowski agrees to not enforce the ban. On February 8th (?) Rob Harris and Scott Webb (then President of MOC) go to the library to do some research on gun laws prior to attending the City of Lansing commission meeting. Both men are asked by CADL security to leave, neither comply. LPD is called but don't show. CADL assigns a security guard to stand next to each man while he is in the library. At one point Mr. Webb goes to use the rest room, a guard accompanies him. Mr. Harris does the same a few minutes later.
Mid February 2011: After being advised by LPD that LPD will no longer enforce the ban until CADL gets a court order, CADL files suit and obtains an ex-party Temporary Restraining Order (TRO) enjoining "members of MOC" (how can they tell if someone is a member or not? who knows) from openly carrying handguns into the Library. MOC is made aware of the suit on or around Febuary 17th when Tyler Hiliker (who was attending a CADL board meeting) is taken down and cuffed by LPD and served a copy of the TRO/complaint. Within a day every member of MOC's Board of Directors (as filed with LARA) is served with a copy of the complaint and a TRO.
April 28, 2011: Michigan Gun Owners Sues Capital District Library. MGO has filed suit in Ingham County against CADL in support of Michigan Open Carry, Inc. and defending the rights of all of Michigans proud gun owners. Below is the link to the actual court document for the suit.
MGO vs. CADL PDF File
March-May 2011: CADL Director Lance Warner testifies in a hearing that he hopes to ban all guns, open or concealed, from the Library. At the same time, CADL argues in MGO v CADL that CADL has not banned concealed carry, so they can get the case (presided over by Judge Rosemarie Aqualina) dismissed on summary judgement. MGO v CADL is is dismissed summarily. CADL v MOC is dismissed summarily in CADL's favor by presiding Judge Rosemarie Aqualina and a permanent injunction order is entered enjoining MOC members and all members of the public from openly carrying into CADL.
June 2011: MOC appeals the Circuit Court's ruling to the Michigan Court of Appeals. From this point forward, the Court of Appeals/Supreme Court Record can be followed online.
CADL's spending on the case (based on past FOIA requests) is estimated at $125,000. Another FOIA will be filed within a couple months to ascertain the exact amount.
It suffices to say MOC's spending on this same case is significantly less.
CADL asks court for Summary Disposition.
CADL asks for financial relief, court costs, and all lawyer fees to be paid by MOC.
source (which includes additional reference material)
||11-25-2013 12:29 AM
Congrats! Another government bully law bites the dust.
|All times are GMT. The time now is 10:49 PM.
Copyright ©2000 - 2016, Jelsoft Enterprises Ltd.