mlive gets it wrong again!

[91 whiskey]

http://www.mlive.com/news/grand-rapids/index.ssf/2013/10/open_carry_law_rockford_board.html#incart_river

[TheQ]

Schools are not prohibited under 750.234d but rather 750.237a.

[91 whiskey]

With 750.237a there is still an exemption for those of us with a cpl.   Unless I'm reading it wrong.

[TheQ]

With 750.237a there is still an exemption for those of us with a cpl.   Unless I'm reading it wrong.

That is correct.

[gryphon]

I added my $0.02

[Jeff]

It really boils my blood when I keep hearing the same thing "oh with all the school shootings, how could it ever be a good idea to allow firearms anywhere near a school, guns should be left on the moon where there are no schools" ......well something like that.

[bigt8261]

I added my $2,376.34. 

[bigt8261]

I contacted the reporter and offered my assistance in assuring accuracy in any further stories. This is what I received in reply. It contains the actual resolution from RPS:

Mr. Lambert, I appreciate your taking the time to write. The district does have an attorney. I have copied the actual RPS’s resolution from the agenda below for you to highlight where you believe it is in error or deserving of more context. I will follow-up with the district. We obviously would correct anything that is in error. If you have time today, I can give you a call. Just tell me a number and the best time.  I do have an assignment shortly that will tie me up for most of the morning.

Monica Scott

Education Team
The Grand Rapids Press, part of MLive Media Group
616-438-2148


OPEN CARRY FIREARMS IN SCHOOLS
BOARD OF EDUCATION RESOLUTION
WHEREAS:

1. MCL 28.425o(1)(a) stipulates that “an individual licensed under this act to carry a concealed
pistol . . . shall not carry a concealed pistol on the premises of . . . a school or school property .
. .;” and
2. MCL 750.234d prohibits the possession of firearms in banks, places of worship, courts,
theatres, sports arenas, day care centers, hospitals, and bars, but does not prohibit open
carry firearms in public schools; and
3. Schools have been targeted and victimized by gun violence; and
4. The intent of a person entering a public school with an open carry firearm would be
unknown, staff are not qualified to determine a person’s status to carry an open firearm, and
in the interest of safety it is not reasonable to take the time to make that determination; and
5. It is the school district’s responsibility to provide a safe environment for students and staff;
and
6. Per the Rockford Public Schools’ Code Red procedure, a person entering a Rockford Public
School building with an open carry firearm will result in that building entering lock down
status, therefore disrupting the educational environment.
NOW, THEREFORE BE IT RESOLVED THAT:
1. The Rockford Public Schools Board of Education urges lawmakers to amend the Michigan
Penal Code, MCL 750.234d, adding public schools to the list of entities at which a person shall
not possess a firearm except as provided in subsection (2) of MCL 750.234d; and
2. The Secretary of the Board of Education or his designee shall forward a copy of this
resolution to our designated State lawmakers Senator Mark Jansen, Representative Rob
VerHeulen, Representative Peter MacGregor, Speaker of the House Jason Bolger, Senate
Majority Leader Randy Richardville and Governor Rick Snyder, as well as the Michigan
Association of School Boards and the Michigan Association of School Administrators.
ROCKFORD PUBLIC SCHOO

Wow, they messed that one up! Even if the Michigan legislature follows the resolution, NOTHING would change! HA!

[bigt8261]

My reply:

Ms. Scott,

Thank you for sending me the resolution. May I suggest updating the article to include the resolution or at least a link to it. At the very least, add it as a comment. I believe others should read the resolution. I must say I was more shocked by the resolution in its entirety than what made it into your article. In my opinion, it clearly demonstrates that RPS does not have a solid grasp on state law and what is going on.

I am of the opinion that such things are caused by prejudice that prevents people or entities such as RPS from objectively assessing a situation. When someone backs up their argument by saying that it is "common sense", that usually means they are unable to support it with objective data.

Here is how the resolution went wrong. For starters, even if the state legislature followed the items in the resolution tomorrow, nothing would change. Adding public schools to MCL 750.234d would only create redundancy as schools are already covered under MCL 750.237a (4).

    750.237a (4) Except as provided in subsection (5), an individual who possesses a weapon in a weapon free school zone is guilty of a misdemeanor punishable by 1 or more of the following:

Furthermore, please note that if schools were added to MCL 750.234d, 750.234d has the same exception to it as does 750.237a. Note this text from the resolution "shall not possess a firearm except as provided in subsection (2) of MCL 750.234d;"

    750.234d (2)(c) A person licensed by this state or another state to carry a concealed weapon.

    750.237a (5) Subsection (4) does not apply to any of the following:

    750.237a (5)(c) An individual licensed by this state or another state to carry a concealed weapon.

That's just the problems with the 'nuts and bolts' of the resolution. It probably goes without saying by now that both myself and Michigan Open Carry see "gun free zones" as dangerous misnomers. It seems that most people agree that it's not the law abiding citizens that we need to worry about. Decreeing that you are a "gun free zone" and posting a sign about it will only achieve voluntary compliance, however, it's the people who will not comply voluntarily that we are worried about. "Gun free zones" is a solution to the wrong problem.

As far as lockdowns go, their resolution seems to be a de facto admission that a person openly carrying a firearm is not disruptive in and of itself, but rather the resulting lockdown (by their choice) is. There appears to be too many degrees of separation here and this screams of legal trouble to me. Other schools in Michigan have employed identical strategies and will likely be facing costly lawsuits. I sincerely hope RPS does not follow in their path.

I hope this helps. Please let me know if I may be of further assistance.

Tom Lambert
Assistant Legislative Director
Grand Rapids Area Coordinator
Michigan Open Carry, Inc.