Open Carry in School - Parents/Police have Opposite Reactions

[hells.saints]

The difference is there is no preemption when it comes to alcohol. The school may make it's own policy in this regard. Same when it comes to RV's. Again, these scenarios have no relevancy to the OP as the state of Michigan does not preempt schools from regulating these activities.

Hells, who is your attorney? IANAL, but I personally feel both your attorney and the officer was wrong about trespassing you.

Officer: "You will be trespassed."
You: "Why?"
Officer: "Because you have a gun"
End of story

If you had entered a classroom and truly disrupted the learning environment in that classroom, then that is a different story. The speed at which the officer responded, or lack thereof, demonstrated how much you were not a disruption. IMO, there is no case for trespassing here.

My  Attorney is Melissa M. Pearce, who moderates the "Ask An Attorney" section of this forum.

[hells.saints]

1... Find a better lawyer.
2... It's not a "loophole"
3... The law's are not all that complicated once you are knowledgeable about them
4... Stand your ground. If the police really could have arrested you, they would have.
5... Find a better lawyer.

1: I found her on MOC.
2: I don't think the legislators intended this. Therefore, I do think it is a loophole. But I will stop referring to it as such.
3: When the average American commits three felonies a day, I'd say the laws are very complicated.
4: Its a trespass warning. They can't arrest me until I don't comply with it. They had no grounds to arrest me until I stand my ground.
5: She's a moderator in the "Ask An Attorney" section on MOC.

[bigt8261]

Ms. Pearce, has been a friend to MOC, but I must respectfully disagree on this matter. Lawyers, just as doctors, can get things wrong. However, I am not a lawyer, so I would suggest that you take her word over mine. At the same time, I also suggest that you seek another opinion and ensure that they know about, and understand CADL v. MOC.

Keep in mind, many attorneys, including our own counsel, did not exactly have high hope for MOC's chances with CADL.

Also keep in mind that the Ask An Attorney section was removed due to lack of qualified participation.

It sounds as thought you have put a good deal of effort into ensuring that you are acting in a legal manner. Keep up the good work.

[Glock9mmOldStyle]

1: I found her on MOC.
2: I don't think the legislators intended this. Therefore, I do think it is a loophole. But I will stop referring to it as such.
3: When the average American commits three felonies a day, I'd say the laws are very complicated.
4: Its a trespass warning. They can't arrest me until I don't comply with it. They had no grounds to arrest me until I stand my ground.
5: She's a moderator in the "Ask An Attorney" section on MOC.

I know that Dean Greenblatt and James Makowski have both handled gun charge cases and maybe able to steer you in the right direction , Dean is closer to you, I believe. Since this seems to be more of a selective discrimination case based on a legal activity, you may want to search for that type of lawyer? ACLU may or may not be helpful. Can't hurt to ask.

[CV67PAT]

3: When the average American commits three felonies a day, I'd say the laws are very complicated.

No, the average American has a reading level of a fifth grader.

[Jeff]

And the body of Jabba the Hutt.

[Glock9mmOldStyle]

No, the average American has a reading level of a fifth grader.

Sadly, this is true.

A recent study showed that 1/2 of U.S. students  could not find NY state on a globe! Pretty disturbing seeing how it was and is splashed all over the news since September 11, 2001 to every anniversary each year following. Many could not identify the United States!

So much for technology being the cure to our woes. Instead of looking at an online map the little poop monkeys are playing games and watching twerking videos....

http://catherinestolfi.hubpages.com/hub/Geographic-Illiteracy-National-Geographic-Survey-on-Global-Knowledge-of-Young-Americans

[Golden Eagle]

2: I don't think the legislators intended this. Therefore, I do think it is a loophole. But I will stop referring to it as such.

Well my two cents on this, and this is just my opinion.

In the 1930's 750.234d was written to say where guns were not aloud at all without a license and it didn't include schools.

When the concealed laws changed 13 years ago every time the word 'carry' was used, the word 'concealed' was put in front of it. Every time. I think it was so that the concealed carry laws wouldn't get confused with open carrying. Legislators were aware of open carry then, I say its not a loophole.

[CV67PAT]

Well my two cents on this, and this is just my opinion.

In the 1930's 750.234d was written to say where guns were not aloud at all without a license and it didn't include schools.

When the concealed laws changed 13 years ago every time the word 'carry' was used, the word 'concealed' was put in front of it. Every time. I think it was so that the concealed carry laws wouldn't get confused with open carrying. Legislators were aware of open carry then, I say its not a loophole.

Absolutely. The legislature has historically regulated the concealed carry of a gun.

[Smashfacekrav]

Maybe I missed it but what would legally cause him to be trespassing?  Is it because people don't like guns?  My understand ing of MSP86 is clearly stated we can OC in a school with a CPL. What am I missing? 


"May God have mercy on my enemies, because I won't."
General George Patton

[Jeff]

Maybe I missed it but what would legally cause him to be trespassing?  Is it because people don't like guns?  My understand ing of MSP86 is clearly stated we can OC in a school with a CPL. What am I missing? 


"May God have mercy on my enemies, because I won't."
General George Patton

They were saying that the school could say he was trespassing in the same manner that they could say a drunk person or someone causing a bunch of problems is trespassing.   They are wrong to say they can do it over an open carried firearm though.

[gryphon]

Maybe I missed it but what would legally cause him to be trespassing?

You didn't miss anything.