Sunday, May 28, 2017

MI: Judge rules for Open Carry Organization, Enforces State Law



In March of 2016, members of Michigan Gun Owners and Michigan Open Carry were illegally expelled from a booth they had rented at the DeVos Place Convention center. They were expelled because they were openly carrying holstered pistols.

The organizations filed a lawsuit against the DeVos Place Convention Center and its management company for violation of Michigan state law. On Friday, May 26, 2017, Judge Joseph Rossi of the Kent County Circuit found for Michigan Open Carry (MOC) and Michigan Gun Owners (MGO). It did not take long. The Judge listened to the arguments for about an hour, and reviewed the lawsuit. He issued a summary judgment for the plaintiffs. From mlive.com:
On Friday, attorney Dean Greenblatt, who represents Michigan Open Carry, said a no-concealed carry policy contradicts state law.

He argued that the properties are public and, while organizations leasing them could choose who they invite to a private event, they can't implement firearm regulations, and public entities cannot enforce them.

After hearing an hour of arguments and reviewing both sides of the lawsuit, Rossi sided with the open-carry advocates. The judge advised that the wording of the venues' weapons policy should be updated to properly align with Michigan's state gun laws.
The case is an example of the requirement to be willing to fight to enforce the law.  The law may be on your side, but if the local powers that be are willing to flout it, they can succeed in destroying your rights with little effort.

Second Amendment supporters have had the Constitution on their side since the beginning. Then supporters built the organizations and communications networks to elect responsive politicians, pass laws and strengthen state Constitutions. Now supporters are in the process of enforcing the laws that have been passed.

Suppressing open carry is primarily aimed at suppressing strong, symbolic, political, speech. People who see a person unapologeticly carrying a firearm learn an important visual lesson. The right to arms exists, is exercised, and is enforced. The state has limits to its power.

Those are powerful messages in Michigan, and over all of the country.


©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch











3 comments:

Ziggy Socky said...

OK, so what was the punishment for those that violated the law? Was it just a hand slap? They should be either fined or spend some time in jail. Better yet, they should reimburse those fully for all their expenses, make a public apology, and still face a stiff fine. Otherwise they will just continue doing the same ole same ole.

Anonymous said...

Well If you take the time to study this case and think about existing law, the group could make a case for a denial of constitutional rights and sue for damages. first amendment denial of freedom of expression and a second amendment denial for loss of self defense. the way I see it is we have to start filing suits that cost these cities, convention centers, Police agencies and city, county and state governments for enough money to make it hurt them in the pockets. the law is the law, personal preferences and opinions of what they would like the law to say is worth less than spit. file suits against individuals, name the mayor the chief of police, county supervisors, convention managers , the governor and name every legislator that voted for these unconstitutional bills, even if they have left office. sue the judges that rule in violation of the written laws. lawyers will never tell you how to get around incompetent courts, you have to learn it for your self. An attorney/lawyer has told me twice that I could not fire them because they were the attorney of record. that ruse lasted just long enough for me to file a substitution of attorney form with the court. represent myself and win the case.

Anonymous said...

What happens to fines. they go into the general fund for the jurisdiction of that court AND a percentage of all fines goes in to the judicial retirement fund. Don't settle for fines get cash in you pocket directly out of their pocket.