This might interest many here because it deals with firearms preemption. Could this happen to you in IN? I think this case has been mentioned here once before, but just to give a short recap...
Michigan has firearms preemption just like Indiana. Some libraries up here decided to make their own rules prohibiting the lawful carry of firearms. We tried to tell them they couldn't do that. They tried to have firearms carriers arrested, but the police refused. The police suggested they get a court order. Well, in order to bring it before a judge they needed someone to sue, right? So the library system in central Michigan filed a lawsuit against a gun organization, Michigan Open Carry.
The case went before an anti-gun judge who immediately issued an Emergency Ex-Parte Temporary Restraining Order prohibiting the public from carrying a firearm on library properties (CC or OC). It was later made permanent.
Michigan Open Carry filed an appeal with the Michigan Court of Appeals and won. The Court of Appeals upheld Michigan's preemption law which expressly prohibits local units of government from regulating firearms, and reinforced the fact that state law completely occupies the field of firearms regulation, and that the library system, as a quasi-municipal corporation, remains subject to the constitution and the laws of this state, is subject to preemption, and thus has no authority on its own to ban firearms.
Not only did we win, but in its published ruling, the court stated that the trial court erroneously granted summary disposition in favor of the library system and abused its discretion by granting the library system's request for permanent injunctive relief by permanently banning the public from entering their buildings and branches while carrying a firearm.
The library system appealed the ruling and the Court of Appeals refused to reconsider it.
So, yesterday was their last day to appeal to the Michigan Supreme Court, which they did. The library system thus far has spent $90,000 in taxpayer money for attorney's fees fighting this. (I FOIAed the attorney billing). They spent $12,500 in attorney's fees just filing to the MI Supreme Court.
For the legal-types among you, if you are interested, here is the Application for Leave to Appeal and accompanying brief to the Michigan Supreme Court.
Now we, as firearms owners (more specifically Michigan Open Carry) have to file in our part to persuade the court not to hear the case. Personally I think the chance of the MiSC hearing the case is very slim, but you never know.
Just thought some here may be interested in how preemption is being fought in the courts next door. Carry on.
Michigan has firearms preemption just like Indiana. Some libraries up here decided to make their own rules prohibiting the lawful carry of firearms. We tried to tell them they couldn't do that. They tried to have firearms carriers arrested, but the police refused. The police suggested they get a court order. Well, in order to bring it before a judge they needed someone to sue, right? So the library system in central Michigan filed a lawsuit against a gun organization, Michigan Open Carry.
The case went before an anti-gun judge who immediately issued an Emergency Ex-Parte Temporary Restraining Order prohibiting the public from carrying a firearm on library properties (CC or OC). It was later made permanent.
Michigan Open Carry filed an appeal with the Michigan Court of Appeals and won. The Court of Appeals upheld Michigan's preemption law which expressly prohibits local units of government from regulating firearms, and reinforced the fact that state law completely occupies the field of firearms regulation, and that the library system, as a quasi-municipal corporation, remains subject to the constitution and the laws of this state, is subject to preemption, and thus has no authority on its own to ban firearms.
Not only did we win, but in its published ruling, the court stated that the trial court erroneously granted summary disposition in favor of the library system and abused its discretion by granting the library system's request for permanent injunctive relief by permanently banning the public from entering their buildings and branches while carrying a firearm.
The library system appealed the ruling and the Court of Appeals refused to reconsider it.
So, yesterday was their last day to appeal to the Michigan Supreme Court, which they did. The library system thus far has spent $90,000 in taxpayer money for attorney's fees fighting this. (I FOIAed the attorney billing). They spent $12,500 in attorney's fees just filing to the MI Supreme Court.
For the legal-types among you, if you are interested, here is the Application for Leave to Appeal and accompanying brief to the Michigan Supreme Court.
Now we, as firearms owners (more specifically Michigan Open Carry) have to file in our part to persuade the court not to hear the case. Personally I think the chance of the MiSC hearing the case is very slim, but you never know.
Just thought some here may be interested in how preemption is being fought in the courts next door. Carry on.
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