Author Topic: The Michigan appeals court says public schools have the power to ban guns.  (Read 971 times)

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Offline Xpiatio

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The Michigan appeals court says public schools have the power to ban guns.  The court says schools are “not formed, organized or operated” by cities, townships or counties and have “very broad powers of self-governance.”
http://woodtv.com/2016/12/16/michigan-appeals-court-says-public-schools-can-ban-guns/


Offline Neilmrb

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Re: The Michigan appeals court says public schools have the power to ban guns.
« Reply #2 on: December 22, 2016, 03:59:17 PM »
So is it over or what ?
Gobbly gook ?
I read the whole thing.

Offline gryphon

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Re: The Michigan appeals court says public schools have the power to ban guns.
« Reply #3 on: December 22, 2016, 04:06:56 PM »
We lost.  We will be appealing to the Michigan Supreme Court.

Offline Neilmrb

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Re: The Michigan appeals court says public schools have the power to ban guns.
« Reply #4 on: December 22, 2016, 04:08:53 PM »
Who holds the taxing power of the school systems not the schools themselves certainly, if so why does the state always
bail out the school systems as Detroit is a good example of that.

Offline Neilmrb

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Re: The Michigan appeals court says public schools have the power to ban guns.
« Reply #5 on: December 22, 2016, 04:34:54 PM »
gryphon,
Good !!
It seem like a lot of personal opinions on this and additions after that fact They Legislated.
They attacked Heller as it stated "that it did not allow guns on school grounds" inferring
gun possession is not unlimited. I've read the basis of "Heller" it was strictly against the
D.C. government restrictions on handguns in homes, and continuing appeals that it covers out of home also.

This statement on part of the court "evince the Legislature intent to prohibit weapons in schools"
Legislature will, if so why didn't they write a law stating so.

Bottom line this is a Government entity and teachers know they work for the government.

Offline gryphon

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Re: The Michigan appeals court says public schools have the power to ban guns.
« Reply #6 on: December 22, 2016, 05:38:49 PM »
Who holds the taxing power of the school systems not the schools themselves certainly, if so why does the state always
bail out the school systems as Detroit is a good example of that.

What's odd is that the MI SC and CoA have both previously ruled that school districts ARE quasi-municipal units of government.  Here are some examples:

Supreme Court of Michigan: http://law.justia.com/cases/michigan/supreme-court/1960/359-mich-478-2.html

Michigan Court of Appeals: http://www.leagle.com/decision/197453951MichApp488_1471/DETROIT%20BD.%20OF%20EDUC.%20v.%20MICH.%20BELL%20TEL.%20CO.
School districts have been classified as municipal corporations in Michigan for some 95 years. School District No 4 of the Township of Marathon v Gage, 39 Mich. 484 (1878); Attorney General, ex rel McRae v Thompson, 168 Mich. 511; 134 NW 722 (1912); Hall v Ira Twp, 348 Mich. 402; 83 N.W.2d 443 (1957); Rasmussen v Lincoln Park School District, 4 Mich.App. 278; 144 N.W.2d 644 (1966).

And here's an AG opinion for good measure:  http://www.ag.state.mi.us/opinion/datafiles/1990s/op10026.htm
A public school academy is defined as a "public school" and a "governmental agency." Section 501

Also, this opinion (you have to read down it pretty far.  It discusses taxation and appropriations for schools).  http://www.ag.state.mi.us/opinion/datafiles/1960s/op04181.pdf  It states:
"In Michigan the law is settled that school districts are local state agencies of legislative creation...Further, the boards of education of school districts have only such powers as are expressly or by reasonably necessary implication conferred upon them by statute."  Obviously they state legislature has not specifically exempted them from law regarding firearms preemption.

So how three anti-gun justices can say otherwise is baffling.
« Last Edit: December 22, 2016, 05:54:41 PM by gryphon »

Offline CitizensHaveRights

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"A well balanced breakfast being necessary to the start of a healthy day, the right of the people to keep and eat food shall not be infringed "  - Who has a right to keep and eat food, The People or A Well Balanced Breakfast?

Offline LD

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Ok.... The school system made a policy that guns aren't permitted.

What is the penalty for violating this school policy?

Are schools now allowed to make laws?

Can they pass a law that says bringing food to a school is against the law now?


Offline TucTom

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Interesting, can it be be against "policy" but still not against the law? What happens if someone were to go into a school that has this "policy"?

Offline gryphon

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Re: The Michigan appeals court says public schools have the power to ban guns.
« Reply #10 on: January 17, 2017, 12:57:08 PM »
They could trespass you if they asked you to leave and you refused.

Offline TucTom

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Re: The Michigan appeals court says public schools have the power to ban guns.
« Reply #11 on: January 17, 2017, 02:56:36 PM »
true. I don't know why I didn't think of that.