OC in School and ask to not....

[TheQ]

FF = full of that color
00 = none of the color

This is base 16 numbers (0-F)

The first two represent red, next two digits = green. Last = blue

When all are "full", you get white. All empty = black.

Pure red would be #FF0000

Get it?

#EEEEEE is a slight grey.

[Bronson]

I also researched to see if my school district had a "rule" on the books regarding firearms, which they didn't. If they did I would consider it unlawful due to preemption, some argue that preemption does not include regional authorities. My opinion is that a School board is a local form of government.

Unfortunately your (our) opinion doesn't matter.  While a school district IS often a recognized local unit of goverment it is NOT a recognized local unit of government in regards to firearm preemption.

123.1101

123.1101 Definitions.

Sec. 1.

As used in this act:

(a) “Local unit of government” means a city, village, township, or county.

So by the letter of the law a school district is not covered by preemption.  This doesn't mean they can make laws but it may mean they can make rules and if you ignore those rules they may ask you to leave and if you do not you may be arrested for trespassing.

Bronson

[PaulC]

I also researched to see if my school district had a "rule" on the books regarding firearms, which they didn't. If they did I would consider it unlawful due to preemption, some argue that preemption does not include regional authorities. My opinion is that a School board is a local form of government.

Unfortunately your (our) opinion doesn't matter.  While a school district IS often a recognized local unit of goverment it is NOT a recognized local unit of government in regards to firearm preemption.

123.1101

123.1101 Definitions.

Sec. 1.

As used in this act:

(a) “Local unit of government” means a city, village, township, or county.

So by the letter of the law a school district is not covered by preemption.  This doesn't mean they can make laws but it may mean they can make rules and if you ignore those rules they may ask you to leave and if you do not you may be arrested for trespassing.

Bronson

Other laws such as ENROLLED HOUSE BILL No. 4214 specifically include school districts as "Local Government"

A local unit of government shall not impose special taxation on, enact or enforce any ordinance or regulation pertaining to, or regulate in any other manner

If the SOM refers to School Districts as a Local Unit of Govt and preemption states that you CANNOT regulate in "any OTHER manner" I think preemption would apply.

[Bronson]

If the SOM refers to School Districts as a Local Unit of Govt and preemption states that you CANNOT regulate in "any OTHER manner" I think preemption would apply.

The definitions used in other laws are irrelevant when a term is specifically defined within a law.  If "local unit of government" had not been defined in the preemption law then it would be appropriate to look to other laws, court decisions, or the dictionary for a defintion.  Unfortunately the legislature did define it and their defintion for local unit of government, for the purposes of preemption, does not include a school district so school districts aren't preempted.  It doesn't make any difference that other laws define a school district as a local unit of government.

Why is this so hard for people to understand?

Bronson

[PaulC]

If the SOM refers to School Districts as a Local Unit of Govt and preemption states that you CANNOT regulate in "any OTHER manner" I think preemption would apply.

The definitions used in other laws are irrelevant when a term is specifically defined within a law.  If "local unit of government" had not been defined in the preemption law then it would be appropriate to look to other laws, court decisions, or the dictionary for a defintion.  Unfortunately the legislature did define it and their defintion for local unit of government, for the purposes of preemption, does not include a school district so school districts aren't preempted.  It doesn't make any difference that other laws define a school district as a local unit of government.

Why is this so hard for people to understand?

Bronson

Bronson,

It is hard to understand because when I look up MCL 123.1102 Regulation of pistols or other firearms,
http://legislature.mi.gov/doc.aspx?mcl-123-1102 , I do not see where "local government" is defined. Am I missing something? is there another cite I should look at?

[CV67PAT]

http://www.legislature.mi.gov/%28S%28rrc4bl45zhnx3zjm0hukxrzy%29%29/mileg.aspx?page=getObject&objectName=mcl-Act-319-of-1990

[TheQ]

A few things:

Local unit of government and other definitions in the act are defined in MCL 123.1101 (go look up that section).

Secondly, well, I won't say publicly. "Others" are watching.  If anyone is curious about what I was going to say here, they can PM me.

[Bronson]

It is hard to understand because when I look up MCL 123.1102 Regulation of pistols or other firearms,
http://legislature.mi.gov/doc.aspx?mcl-123-1102 , I do not see where "local government" is defined. Am I missing something? is there another cite I should look at?

I cited it in post #21 of this thread

When looking at specific laws on the MI Legislature website if you look in the upper left corner you'll see a link to the entire act that the law is associated with.  This will let you read all of the laws associated with a specific act which often include definitions, exemptions, etc.

As an example the preemption law comes from Act 319 of 1990.  At that link you will find more links to definitions, allowable prohibitions by local units of gov't and other laws related to preemption.

It's always a good idea to read all of the laws within a public act associated with any one particular law we may be quoting.

Bronson