Firearms Owners Against Crime
Institute for Legal, Legislative and Educational Action
Institute for Legal, Legislative and Educational Action
CLIO, MI -- Attorneys for a state open carry advocacy group claim that Clio schools do not have the legal authority to ban firearms from its buildings, and the district has turned to "hoplophobia" to support its gun ban.
Michigan Open Carry and Kenneth Herman made the argument Wednesday, July 29, in a filing responding to the Clio Area School District's attempt to dismiss their lawsuit against the district. Hoplophobia is a fear of firearms.
The district is arguing that state law allows school districts to enact policies to protect students' safety.
Read Herman's entire response here.
Herman filed the lawsuit March 5 in Genesee County Circuit Court against the Clio Area School District, claiming he was denied access to Edgerton Elementary multiple times while attempting to pick up his daughter because he was open-carrying a pistol.
State law prevents people from carrying concealed firearms on school property. However, the law allows individuals with concealed pistol licenses to openly carry their firearms in schools. Herman is a CPL holder.
Herman sued the district after it declared all of its properties weapon-free zones and banned him from openly carrying his firearm in its buildings.
The district earlier this month filed a motion asking Genesee Circuit Judge Archie Hayman to dismiss the entire case because it claims it is based on a "fundamental misunderstanding of Michigan Law."
Read the district's entire motion here.
But, Herman and Michigan Open Carry contend that it is actually the school district that is misunderstanding the law, according to their response.
Much of Herman's lawsuit rests on a 2012 Michigan Court of Appeals decision stemming from a case that involved Michigan Open Carry. The decision stopped a Lansing library group from banning the open-carrying of firearms on its properties.
But the district, in its motion filed by Troy-based attorney Timothy J. Mullins, claims Herman and Michigan Open Carry are incorrectly interpreting the appeals court decision, saying the ruling does not apply to school districts.
The district says in its motion that state law allows districts to enact policies to safeguard students and, therefore, allows them to institute firearm bans.
"Guns are not allowed in State or Federal Court buildings or in various government agencies," the district's motion argues. "Why should the safety of government employees be paramount to children or their parents?"
But, Herman and Michigan Open Carry argue that the ability to create local weapon policies is beyond the legal authority of the school district and its attempt to do so intrudes upon the lawmaking authority of the state, which they argue has created laws to allow open carry of firearms on school grounds for some people.
"This dispute has been brought before a court of law, not the court of public opinion or at a policy conference," Herman and Michigan Open Carry argue in their motion. "The (district's) summary opinions about the hoplophobia over the presence of firearms is not a legal argument or basis for consideration by this court."
A hearing is scheduled for Aug. 10 on the Clio School District's motion.
The Ann Arbor school district is also named in a similar, separate lawsuit filed after the district banned guns on school property.
http://www.mlive.com/news/flint/index.ssf/2015/07/clio_schools_anti-gun_stance_b.html#incart_river