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-   -   Open Carry in MI ruled legal by appeals court (http://www.firearmstalk.com/forums/f97/open-carry-mi-ruled-legal-appeals-court-75200/)

partdeux 10-28-2012 01:17 AM

Open Carry in MI ruled legal by appeals court
 
MI constitution allows open carry, and prevents a local unit of govt from restricting firearms.

District Library decided they were not preempted and decided to push the issue into courts. District court agreed with them. Appeals court said they could not.

HUGE WIN for firearm rights in MI.

No thanks to NRA or 2nd Amendment Rights Foundation for not helping in the cases. I'm really disappointed in the national organizations, but maybe it was for the best, we had some very well versed 2A local attorney's involved in the case. The district library spent somewhere north of 100K.

If it goes to state supreme court, the local organizations are requesting funding to support the appeal. The makeup of the supreme court could influence both the potential for appeal, as well as a decision.

dog2000tj 10-28-2012 01:25 AM

now it's time to fire all the senior personnel at the district library :cool:

partdeux 10-28-2012 02:19 AM

Quote:

Originally Posted by dog2000tj (Post 992507)
now it's time to fire all the senior personnel at the district library :cool:

I hope for the sake of their constituents they don't take this to state supreme court... that would really hurt the district.

JimRau 11-06-2012 01:11 PM

Like I said on the locked thread, it is a matter of training cops and other government officials. With 30+ years in law enforcement I am appalled to see and hear LEO's in any jurisdiction 'grasping at straws' to try and justify the violation of citizens right by trying to say that simply caring a gun, open or concealed, is ANY violation!!!:mad:
Some try to stretch the law by saying it is disorderly conduct, disturbing the peace, menacing and the like which is pure BS. Many of our LE agencies are run by those with Masters or PHD's and thus they have lost site of the 'Spirit of the Law'. We, those of us with A LOT of experience, have to try and reverse this, but it will not be easy.:(

gmaster456 11-08-2012 01:29 AM

Michigan has had open carry for a while. Is it just in the constitution now?

partdeux 11-08-2012 03:54 PM

Quote:

Originally Posted by gmaster456 (Post 1005974)
Michigan has had open carry for a while. Is it just in the constitution now?

It's been in the constitution.

BUT, a few enterprising "regional" units of govt had decided they did not have to follow MI law and were banning carrying firearms. Lansing District library had such a ban, and sued the MI Open Carry group. MOC lost the case in district court, and while I'm not an attorney, the ruling made zero sense to my reasonable (non lawyer) brain. Decision was appealed and the appeals court ruled in favor of MOC.

Local units of govt can not invoke firearm restrictions not invoked by the state. And neither can their children entities, like a district library. This also reaffirms the whole issue of whether a MI CPL holder can OC a firearm in a school.

This particular case has not yet been appealed to State Supreme court, but after the election, kind of doubt it will. Of three open slots, two went to 2A supporters.


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