OC on college classroom w/ CPL?

[packeagle]

Is a college a "local government" and preempted from making firearms laws? They have their own police agencies and receive tax revenue.

 I'm returning to college after taking a year off, in that year I made the commitment to carry everywhere it is legal.

Thoughts?

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[Pond Scum]

I'm not smart enough to comment on the legality of OC in class but it will take a lot of courage.  With so many professors leaning left it may have a negative impact on your grades and your fellow students may shun you.    I'm sure you will get a lot of good feedback here from the members.  Make sure you consider everything very carefully.    Good luck to you whatever you decide.   

[TheQ]

Is a college a "local government" and preempted from making firearms laws? They have their own police agencies and receive tax revenue.

 I'm returning to college after taking a year off, in that year I made the commitment to carry everywhere it is legal.

Thoughts?

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Under existing case law (CADL) a good argument could be made they are preempted. Making that argument will cost a fair amount of money and (if a criminal matter) could cost you liberty if you lose. There is no clear cut answer though.

It's a fight we may pick in the future to get an answer on.

Clear as mud?

[packeagle]

About what I expected. I wrote my MI Criminal Law Professor who holds  JD about MCL 123.1102 and how the CADL v. MOC inc. Would relate to universities. Be interesting to see his take. As it stands I will most likely properly and legally secure my firearm in the vehicle.

The prof. is the one who put me on to OC w/ CPL in PFZs.

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[LD]

About what I expected. I wrote my MI Criminal Law Professor who holds  JD about MCL 123.1102 and how the CADL v. MOC inc. Would relate to universities. Be interesting to see his take. As it stands I will most likely properly and legally secure my firearm in the vehicle.

The prof. is the one who put me on to OC w/ CPL in PFZs.

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Interesting.... Just what is the proper and legal way to secure a firearm in a vehicle?

[linux203]

(d) To a person while transporting a pistol for a lawful purpose that is licensed by the owner or occupant of the motor vehicle in compliance with section 2 of 1927 PA 372, MCL 28.422, and the pistol is unloaded in a closed case designed for the storage of firearms in the trunk of the vehicle.

(e) To a person while transporting a pistol for a lawful purpose that is licensed by the owner or occupant of the motor vehicle in compliance with section 2 of 1927 PA 372, MCL 28.422, and the pistol is unloaded in a closed case designed for the storage of firearms in a vehicle that does not have a trunk and is not readily accessible to the occupants of the vehicle.

edit: posted long gun, not pistol MCL.

[TheQ]

Be advised, even if they are preempted, that only prevents them from charging you with a crime.

It may not prevent them from kicking you out of school.

[packeagle]

Be advised, even if they are preempted, that only prevents them from charging you with a crime.

It may not prevent them from kicking you out of school.

Good advise. Sounds like I deffenently WON'T test this out.

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[LibertyComrade]

Relevant Law:
MCL 28.425o (CPL Free Zones)

(1) Subject to subsection (5), an individual licensed under this act to carry a concealed pistol, or who is exempt from licensure under section 12a(1)(f), shall not carry a concealed pistol[/u] on the premises of any of the following:

...

(h) A dormitory or classroom of a community college, college, or university.


So you cannot carry CONCEALED in a college classroom (or dorm).  However, note that the preemption law only expressly prohibits local governments (defined as cities, villages, townships, and counties -- not universities or school districts, etc.), so it's unclear if the universities are preempted from creating their own rules.

It is my understanding that nearly all of Michigan's public colleges and universities prohibit self-defense rights EXCEPT for Michigan State University.  MSU's rules are that they will only enforce state law: http://trustees.msu.edu/ordinances/ordinances_sec18.html

So it appears to me, and I am not a lawyer, that you could openly carry in classrooms and dorms at MSU (as well as the rest of campus).