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MOC vs CADL...MOC wins on appeal!

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Divegeek:
Congratulations to all those who worked hard for this.

http://publicdocs.courts.mi.gov:81/OPINIONS/FINAL/COA/20121025_C304582_65_304582.OPN.PDF


A note from Q in the OP (because I can, get over it....)     :

We (the leadership of Michigan Open Carry, Inc) are asking people to just go about their daily lives.  If you have legitimate business in the Library that you were otherwise going to do, by all means conduct your business carrying a firearm in a manner you feel fit.  That being said we are explicitly asking people to behave in a mature, professional manner and NOT go there in mass to make a scene or a circus.  We feel this would be a poor reflection on all open carriers and all guns owners.

We are all free people and I hope you will consider your course of action carefully.

rugersingleshot:
Nice work MOC

gryphon:



--- Quote ---Accordingly, we hold that state law preempts CADL’s weapon policy because the Legislature, through its statutory scheme in the field of firearm regulation, has completely occupied the field that CADL’s weapon policy attempts to regulate. The trial court, therefore, erroneously granted summary disposition in favor of CADL on the basis that the weapon policy was valid as a matter of law. Furthermore, we hold that the trial court abused its discretion by granting CADL’s request for permanent injunctive relief, i.e., by permanently enjoining MOC, its members, their agents, and members of the public from entering CADL’s buildings and branches while openly carrying a weapon in violation of CADL’s weapon policy.

We conclude that state law preempts CADL’s weapon policy to the extent that it attempts to regulate firearms contrary to the restrictions set forth in MCL 123.1102. The library is a quasi-municipal corporation and, thus, a governmental agency subject to the principles of preemption when it attempts to regulate subject matter that is regulated by the Legislature. The Legislature, through MCL 123.1102, has expressly prohibited local government regulation of firearms and ammunition generally in cities, villages, townships, and counties, including in their libraries. Although a district library is not a local unit of government as defined by MCL 123.1101(a), legislative history, the pervasiveness of the Legislature’s regulation of firearms, and the need for exclusive, uniform state regulation of firearm possession as compared to a patchwork of inconsistent local regulations indicate that the Legislature has completely occupied the field that CADL seeks to enter. Certainly, at a time where this country has witnessed tragic and horrific mass shootings in places of public gathering, the presence of weapons in a library where people of all ages—particularly our youth—gather is alarming and an issue of great concern. However, due to field preemption, the same regulations that apply to public libraries established by one local unit of government apply to those established by two or more local units of government—leaving the matter to the state.

We reverse the trial court’s judgment upholding CADL’s weapon policy to the extent that it attempts to regulate firearms contrary to the restrictions set forth in MCL 123.1102 and vacate the trial court’s order granting permanent injunctive relief.
--- End quote ---

TheQ:
http://publicdocs.courts.mi.gov:81/OPINIONS/FINAL/COA/20121025_C304582_65_304582.OPN.PDF

bigt8261:
Congrats to MOC!!!

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