USA -(Ammoland.com)- This morning we received word from the Michigan Supreme Court that they have agreed to hear oral arguments in Michigan Open Carry, Inc. & Kenneth Herman v. Clio Area School District.
This is the case we first filed back in March of 2015 in the Genesee County Circuit Court that sought to force schools to comply with state laws that allow for the lawful possession of firearms in certain circumstances for self-defense.
Later that same year in September, Judge Hayman ruled in our favor that state law preempts public school districts and that schools must comply with state laws that allow firearms to be lawfully possessed on school property.
The school then appealed and in December of 2016, a three-judge panel for the Michigan Court of Appeals reversed Judge Hayman and basically said that schools were not preempted by state law, and thus are free to make their own rules.
It was then our turn to appeal, which we did to the Michigan Supreme Court, the highest court in the state. While the first appeal in a case is considered “by right” and thus is guaranteed to be heard, the same does not hold true for further appeals.
While it was certain that the Michigan Court of Appeals would hear CASD’s appeal, it was far from certain that the Michigan Supreme Court would hear ours. According to the Michigan Bar, the MSC only accepts less than 4% of appeals. We are very lucky to be one of them.
As many of you know, Michigan Gun Owners has a nearly identical case against Ann Arbor Public Schools. They also received notice today and their case will be heard on the same day as ours.
We are very pleased that the Michigan Supreme Court has decided that our case deserves another look. We feel the appellate panel erred significantly and we look forward to explaining how at the next level.
Many schools across the state have been ignoring state law and we believe they are doing so to the detriment of the safety of their students. Words on paper are not going to stop someone intent on violence. A victory in court would help us put an end to having to continue learning that lesson the hard way.
Taking this next step is critical to our cause and is not going to be cheap. Every donation, no matter how big or small helps. I know it’s the holiday season, but any help you can offer by donating to our legal fund is very appreciated.
A date for the hearing has not been scheduled yet, stay tuned.
Tom Lambert
President
Michigan Open Carry, Inc.
TLambert@miopencarry.org
Michigan Open Carry, Inc is a Not-For-Profit organization that depends on our dues-paying members to continue our operation. We are an all-volunteer organization.
As such, no one is paid a salary and very few of the personal expenses of our officers are reimbursed. Won’t you consider joining us or renewing as a dues-paying member today? If you need technical help with the process, please email secretary@miopencarry.org.
About Michigan Open Carry:
Michigan Open Carry, Inc is a Not-For-Profit organization that depends on our dues paying members to continue our operation. We are an all-volunteer organization. As such, no one is paid a salary and very few of the personal expenses of our officers are reimbursed. Won’t you consider joining us or renewing as a dues paying member today? If you need technical help with the process, please email secretary@miopencarry.org.,