Thursday, July 16, 2015

How About "No" For An Answer?

The Detroit News: District wants lawsuit over open-carry dismissed .

So the Clio, Michigan school district went off and declared itself a weapons free zone, sort of like the city of Fresno, California declaring itself a nuclear weapons free zone - it feels good but it doesn't stop anyone bent on evil intent. Indeed, just like Fresno's ordinance forbidding any civil defense efforts against a nuclear attack, disarming the law abiding in a school zone doesn't exactly prevent an attack by the criminal element.

It also happens to violate state law, Michigan's firearms preemption statute, MCL 123.1102 is pretty clear that a local unit of government cannot enact any ordinance, tax or otherwise regulate "the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms" except as provided for in state and federal law.

In short, their motion to dismiss should be pretty easily denied, especially considering the Capital Area District Library Case has already applied preemption to quasi-municipal boards as local units of government and a school board is a local unit of government.

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