Thursday, April 19, 2018

Michigan Supreme Court to Hear Open Carry in Schools Case


Michigan law protects the right of people with carry permits to openly carry guns in schools. The law also preempts local government entities from creating local laws and regulations that violate the state laws.

People with carry permits are more law abiding than police officers. They make schools more safe, not less safe. Some school officials are perfectly willing to have law enforcement officers openly carry in schools, but not parents with carry permits. From
“Obviously, we don’t believe that individuals should open carry in our school unless they are uniformed officers of law enforcement,” says Fletcher Spears III, Superintendent of Clio Public Schools. “But the bigger issue behind this is the ability of school districts to create their own rules within the law.”

Gun advocates say that goes against their rights and state laws.

“State law allows people to lawfully possess fire arms at schools, says Tom Lambert, President of Michigan Open Carry.

Michigan Open Carry is the group suing Clio Schools for their right to openly carry on school property. It’s an issue that’s been making its way through the court system for years.

“The truth is we’ve had open carry in our schools for a long time. In our case the trial court originally ruled in our favor. Until the court of appeals ruled against us, there were many schools in the state that allowed open carry.”
 Notice how Fletcher Spears III, starts his argument: "Obviously, we don't believe..." But it is far from obvious. This is called begging the question. A great many people do not believe it is "obvious" that people who are legally armed should be forbidden from carrying in schools, or that only "uniformed officers of law enforcement" should. Anyone can obtain a uniform. A uniform does not make the wearer more responsible or law abiding.

The question is, if schools officials are willing to have law enforcement officers openly carry in the schools, why are they against people with carry permits, who are at least as safe, openly carrying in schools?

It appears the purpose is not safety. The purpose appears to be indoctrination. If students see an example where ordinary citizens have the same rights as agents of the state, to protect themselves, they might get the idea the Second Amendment means something. "Gun free schools" have been one of the few successes of those who want a disarmed public. They have created the meme that guns do not belong in schools, when guns were fairly common in schools, until about 20 years ago.

Not surprisingly, mass shooting in schools started becoming more common after the federal laws banning guns in schools.

The law in Michigan is pretty clear. The legislature forbids local government entities from making their own gun laws. Public schools are local government entities. Unfortunately, we have seen courts make their own law, over and over.

We will know if the Michigan State Supreme Court will follow the law in a few days or weeks. State Supreme Courts generally act more rapidly than the U.S. Supreme Court.

 ©2018 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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1 comment:

Duke Norfolk said...

Dean, I don't know if you removed the picture of that thug Trayvon in response to my comment, or not. Regardless, thanks. It really did "trigger" me. I can come read these stories again without the revulsion.

Keep up the good work.