CADL v MOC Update - ANOTHER Hearing Date

[esq_stu]

CADL has filed a motion for Summary Disposition with the court. They are seeking a judgment even before the June hearing on the issues of preemption and brandishing. They want a ruling before the June hearing stating that:

1) The library is not preempted from regulating firearms; and
2) Open carry is brandishing as a matter of law.

The remaining issue at the June hearing would then focus mainly on the issue of whether the library is a "weapon free school zone."

Needless to say, counsel for MOC and MGO disagree with these positions and we'll be prepared to respond. 

The hearing on CADL's motion is scheduled for Wednesday, May 25, 2011 at 2:30 p.m.

[autosurgeon]

I guess that answers the question on the position of the CADL Board!

[TheQ]

I guess that answers the question on the position of the CADL Board!

I think that question was answered when they voted unanimously to keep the ban.

[TheQ]

I stopped by the Clerk's office this afternoon. I didn't see this motion in the file yet.

[METL]

So what happens if Judge Aqualung rules OC is brandishing?  Of course that would be appealed, but what would happen in the meantime?

[emt805]

How is it that they all fail to read the second part of the weapons free school zone that does not include CPL holders OCing in said "weapon free school zones"?

[ocdetroit]

They need to get with the Gov. and try to keep open some of these libraries, so they keep reading. WE THE PEOPLE. Carry On.

[TheQ]

WHEREFORE, Plantiff CADL request that this honorable Court:
....
B. Determine that the open carrying of weapons by Defendants violates MCL 750.234e;
...
D. Grant Plaintiff CADL fees and costs in bringing this action, including reasonable attorney fees; and...

1. Interesting -- only the open carry of firearms by the "Defendants" (strange, I only see one name on the case, MOC, and as we discussed MOC is only a organization and not a real person and as such can't carry a paperclip, no less a handgun).  Since there is only one Defendant listed on the top of the case, why say "Defendants"?  Maybe they need grammar lessons?
2. It seems the DA's of Michigan (at least in Ingham County) won't have to try a case to make Open Carry illegal, CADL will do their dirty work for them.  If the judge so declares, LPD and Ingham County Sheriff could start arresting people for Open Carry...and Stuart Dunning (Ingham County DA) would have case law when seeking a conviction.

A few thoughts:
1. This is a fight we must win or possibly kiss open carry goodbye in Michigan.
2. This judge is scary.
3. If we lose, we must appeal (or kiss OC in MI Goodbye).  This will not be inexpensive.
4. If they win and we don't appeal, they want money out of us anyhow (part "D" of their Prayer)!

[TheQ]

For those wanting to read:

I have attached the Motion for Summary Disposition. As soon as I figure out how to compress the brief in support, I will post it. It is 1.93MP and the forum limit is 1.91MB.

The MGO site is balking (understandably) at my attempts to upload the brief. I will keep trying.

OK, Here is the Brief.   Brief in Support of Motion for Summary Judgment

[Big Gay Al]

Would I be correct in assuming that AG's Opinion 7101 on what is or is not brandishing, will be presented? 

As much as I'd love to be there, my son has to see the dentist that day. 

[northofnowhere]

all related documents can be found in PDF format at the top of the CADL info page on miopencarry.org at http://miopencarry.org/cadl as usual

-jason r.

ps, the thought that any laymen can understand they are public property and breaking the law and that they have the balls to ask for legal costs, financial relief, is absolutely astounding.  This library goes against everything I believe in as an American, everything the Constitution of the United States, and the Constitution of Michigan stand for.  I do not know how to properly express my disgust at the people governing this library.  I do not know how the Judge has let this completely unconstitutional act continue for so long, and I do not know how to fight it.

HOW MUCH MONEY ARE WE GOING SUE THE CADL FOR?

[BTAvery]

This has gone to far after my next 2 purchases (3-4) weeks. My next pay check (weekly) will be as a whole donated to this fund I think this could be a great idea one week of hard work and then donating it all to the fund (I need info on how to donate please).

[TheQ]

This has gone to far after my next 2 purchases (3-4) weeks. My next pay check (weekly) will be as a whole donated to this fund I think this could be a great idea one week of hard work and then donating it all to the fund (I need info on how to donate please).

Thanks for the willingness to donate. You can learn how to donate here