Friday, March 15, 2013

Michigan Democrats Move To Ban "Loophole" Open Carry in School Zones

Yet another assault by Michigan Democrats on carry rights, accompanied by an assault on language:

The Detroit Free Press: New legislation aims to ban openly carried guns in schools

Under existing law, people with concealed weapons permits may carry guns openly in schools and other gun-free zones in Michigan. But it's illegal to carry concealed weapons in those places.

Democratic state Rep. Andy Schor of Lansing and Michigan's largest teachers union say the open-carry loophole for schools must be closed three months after the massacre at a Connecticut school. They plan to announce legislation Thursday.

Look folks, a loophole is defined as a situation created by a legal ambiguity in a law. It is not a loophole when the act is specifically stated in the law that it is legal to perform that act.

In this case it is absolutely not a loophole at all, but a quite specified legal activity under the law.

The law, MCL 750.2347a specifically states:

(4) Except as provided in subsection (5), an individual who possesses a weapon in a weapon free school zone is guilty of a misdemeanor punishable by 1 or more of the following:

(a) Imprisonment for not more than 93 days.

(b) Community service for not more than 100 hours.

(c) A fine of not more than $2,000.00.

(5) Subsection (4) does not apply to any of the following:

...

(c) An individual licensed by this state or another state to carry a concealed weapon.

That's not a loophole, it's a clear statement that the activity is not a crime. It wasn't an area that was overlooked or ambiguous when the law was drafted. It is instead a very specifically stated permission for CPL holders to openly carry in Michigan Weapons-free school zones.

Now, I understand that to a Democrat or the media, but I repeat myself, a loophole means people can legally do things that Democrats don't like. You would think they'd at least try and investigate what is being proposed and the current state of the law and whether there is any actual rational reasons to change the law before pontificating on it, but that's too much to ask for from our Democrat media.

After all, they can't name a single instance of a death or injury caused by a permit holder openly carrying in a school zone. Indeed the Newton shooter, said to be the reasons for the need to close this "loophole" did not have a permit and thus wouldn't have been able to open carry in or near a Michigan school, and he committed numerous crimes on his way to commit mass murder. The crimes included massively violating Connecticut and Federal law on the weapons free school zone, which you will note didn't magically prevent him from carrying out his criminal acts. So what's the problem they're trying to solve by this ban, considering there is no problem in Michigan posed by permit holders openly carrying, as specifically permitted by law, in a school zone?

1 comment:

Graybeard said...

I think today's usage of the word "Loophole" is more like, "something legal that the protestor doesn't agree with".

Sure seems to be the way Andy Schor is using the word.