Author Topic: Michigan Supreme Court denies CADL leave to appeal  (Read 31476 times)

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Offline linux203

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Re: Michigan Supreme Court denies CADL leave to appeal
« Reply #40 on: November 25, 2013, 06:55:35 PM »
Same questioning would apply to the Mason Gun Show that is held at the Ingham County Fairgrounds.

Very interesting....
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Then He said to them, “But now, he who has a money bag, let him take it, and likewise a knapsack; and he who has no sword, let him sell his garment and buy one."  Luke 22:36

Offline Smashfacekrav

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Michigan Supreme Court denies CADL leave to appeal
« Reply #41 on: December 09, 2013, 11:42:57 AM »
Help me on this one. What exactly does this do for OC that we already don't have?   Please forgive my lack of comprehension on this thread.  Thanks.


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Offline bigt8261

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Re: Michigan Supreme Court denies CADL leave to appeal
« Reply #42 on: December 09, 2013, 11:45:50 AM »
It doesn't necessarily do anything for OC specifically, but it does greatly benefit carry in general.

In summary, Michigan's preemption extends beyond those places specifically enumerated in MCL 123.1101, to all municipal authorities, as the legislature sought to occupy the field and create one set of rules for firearm possession.

Offline Divegeek

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Re: Michigan Supreme Court denies CADL leave to appeal
« Reply #43 on: December 10, 2013, 12:18:13 PM »
Help me on this one. What exactly does this do for OC that we already don't have?   Please forgive my lack of comprehension on this thread.  Thanks.

How about this hypothetical scenario. If we had lost, the city of Ferndale, who has tried in the past to ban guns from city hall and lost, could create a "governmental building authority" then sell city hall to them for $1 with the stipulation that they can use it rent free for all time. Then the "governmental building authority" could legally ban all guns, concealed or open, because "authorities" were not specifically named in the list of governmental units that were preempted.

Since we won, it can now also be used as stepping stone to get more places opened up to us to carry in. For instance, The Cobo Center in Detroit is owned by "Detroit Regional Convention Facility Authority", which was set up by the city of Detroit, and they don't allow firearms for their events. Since they are publicly owned they could be sued to force them to allow the carrying of firearms.

Offline jgillmanjr

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Re: Michigan Supreme Court denies CADL leave to appeal
« Reply #44 on: December 10, 2013, 02:50:07 PM »
How about this hypothetical scenario. If we had lost, the city of Ferndale, who has tried in the past to ban guns from city hall and lost, could create a "governmental building authority" then sell city hall to them for $1 with the stipulation that they can use it rent free for all time. Then the "governmental building authority" could legally ban all guns, concealed or open, because "authorities" were not specifically named in the list of governmental units that were preempted.

Since we won, it can now also be used as stepping stone to get more places opened up to us to carry in. For instance, The Cobo Center in Detroit is owned by "Detroit Regional Convention Facility Authority", which was set up by the city of Detroit, and they don't allow firearms for their events. Since they are publicly owned they could be sued to force them to allow the carrying of firearms.

Well, it seems as if what Phil is saying is true, then Ferndale could just 'lease' their buildings to a private entity and mitigate carry that way.

I'm still curious how that logic would stand in court though.
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Offline TheQ

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Michigan Supreme Court denies CADL leave to appeal
« Reply #45 on: December 10, 2013, 10:35:50 PM »
I'm sure the courts would see through it as an attempt to bypass preemption and strike it down.
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Offline Hyperion

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Re: Michigan Supreme Court denies CADL leave to appeal
« Reply #46 on: January 14, 2014, 04:47:52 PM »
Actually, although you are still quite smart for using Linux (Debian > * b***hes), it is not actually a typo.

You'll see this in other opinions as well (all that I've looked at, in fact) - both supreme court and COA.

I think the J just refers to the fact they are a justice or judge. I'm not 100% sure, but this is the only thing I can think of. You'll also see P.J. (I'm guessing Primary Justice/Judge) and JJ (probably just indicative of a 'regular' Justice/Judge).

So for example, if you look at the Partial Concurrence/Dissent (http://publicdocs.courts.mi.gov:81/opinions/final/coa/20121025_c304582(65)_rptr_140o-304582-final.pdf) for the COA case, you'll see GLEICHER, P.J. even though the first name and middle initital are Elizabeth L.

Like I said, I'm not 100% what the J stands for, but I'm 99.999999999999999999999% that it's not a typo.

J = "Judge" in all Michigan State courts except MSC, then it's "Justice".  P= "Presiding".  All in all your guessing was top-notch.