[Michlib-l] Guns in Libraries

[Membiela, Clare (MDE)]

Hi:
Here is some additional clarification on the gun decisions:
The argument the court uses to distinguish between the CADL case and the Ann Arbor & Clio cases is , essentially, that there is a statute, MCL 123,1102<http://legislature.mi.gov/doc.aspx?mcl-123-1102>, which prohibits the enactment of any firearm regulation by “local units of government.” The statute defines “local units of government” as: “a city, village, township, or county”. MCL 123.1101<http://legislature.mi.gov/doc.aspx?mcl-123-1101>
In the CADL case,  the court determined that since a District Library is established by two local units of government, it is covered within the purviews of  MCL 123.1102. In other words, a product of two local units of government, is, in effect, a local unit of government, and therefore specifically prohibited from regulating firearms by MCL 123.1102.
School Districts, on the other hand, are NOT considered “local units of government” under MCL 123.1101. They are completely set apart. Additionally, the court applied a four step analysis (called the “Llewellyn framework,” after the case which created the test) to determine that the School regulation is not preempted by the State Law and that there is no evidence to indicate that the State ever intended for School Districts to be UNABLE to regulate firearms on their campuses. On the contrary, the court found several instances where the legislature has regulated guns in schools.
I hope this is helpful!
Here is a link to all three opinions:
CADL v. Mich. Open Carry, Court of Appeals of Michigan.October 25, 2012298 Mich.App. 220826 N.W.2d 736
http://publicdocs.courts.mi.gov/opinions/final/coa/20121025_c304582(66)_rptr_140p-304582-final.pdf
Mich. Gun Owners v. Ann Arbor Public Schools (Dec 15, 2016) http://publicdocs.courts.mi.gov/opinions/final/coa/20161215_c329632_47_329632.opn.pdf
Mich. Open Carry v. Clio Area School District (Dec. 15, 2016)
http://publicdocs.courts.mi.gov/opinions/final/coa/20161215_c329418_32_329418.opn.pdf




Clare D. Membiela, MLS, J.D.
Library of Michigan
MembielaC at michigan.gov<mailto:MembielaC at michigan.gov>
517-335-8132

From: michlib-l-bounces at mcls.org [mailto:michlib-l-bounces at mcls.org] On Behalf Of Christine Hage
Sent: Tuesday, January 10, 2017 10:25 AM
To: Mich-L. <Michlib-l at mail2.mcls.org>
Subject: [Michlib-l] Guns in Libraries

My trustee did further research and found this case Capital Area Dist. Library v. Michigan Open Carry, Inc., 298 Mich.App 220; 826 NW2d 736 (2012) (Here's a link: http://publicdocs.courts.mi.gov:81/opinions/final/coa/20121025_c304582(65)_rptr_140o-304582-final.pdf ).

That case pretty much renders us dead in the water on the issue.



Christine Lind Hage
Director, Rochester Hills Public Library
Division Councilor, United for Libraries
500 Olde Towne Road
Rochester, MI 48307-2043
248/650-7122


Raising a reader is: Talking * Singing * Reading * Writing * Playing
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