Gun Control & RKBA
Related: About this forumU-M: We Decide Campus Gun Laws, Not State of Michigan
David Jesse, Detroit Free Press 3:41 p.m. EDT September 22, 2015
It doesn't matter if state law allows people to openly carry guns on the University of Michigan's campus, the university argued in a recent court filing, because only U-M's board can set U-M policy.
That's because, in U-M's view, the Michigan Constitution exempts U-M from having to pay attention to a state law banning local governmental units from making weapons laws.
U-M made the argument in a brief asking a state Court of Claims judge to toss out a lawsuit filed by Joshua Wade, an Ann Arbor resident who is seeking to open carry his gun on campus. He disagrees with the university's claim of sovereignty.
"The Michigan Constitution vests the power to legislate with the state legislature, not with the state universities..." Wade's attorney, Steven Dulan wrote in a court filing last week. "It is clear that the Board of Regents is powerful within the governance of the University itself, but it has no authority to attempt to usurp the legislature's constitutionally-delegated role in the state government."
U-M's weapons policy says no weapons can be carried on U-M campuses by anyone other than law enforcement or the military. It also offers exceptions for education purposes. The universitys policy also says the director of public safety can issue a waiver allowing someone to carry a weapon on campus based on extraordinary circumstances. The policy, Article X, was put in place 14 years ago.
MORE...
http://www.freep.com/story/news/local/michigan/2015/09/22/university-michigan-open-carry-lawsuit/72619910/
GGJohn
(9,951 posts)Michigan has a state pre-emption law that states only the legislature can set firearms policy, and U-M being a public university, then they have to follow state law.
oneshooter
(8,614 posts)DonP
(6,185 posts)I think that College Administrators, like some politicians, actually start to believe their own press releases about how wonderful they are and forget they answer to the same laws as the rest of us peasants.
I'm pretty sure state preemption will take care of this, but only after a co$tly court ca$e where the University makes a BIG contribution to the NRA/SAF legal fund.
But ... maybe the administration will refuse to implement the law and can spend some time in the special "Kim Davis Memorial Cell Block" to show their level of commitment?
Between big checks from Chicago, San Francisco, DC, these Universities, et. al., no wonder the NRA and SAF can afford the best lawyers
Nuclear Unicorn
(19,497 posts)GGJohn
(9,951 posts)and the CO Supreme Court basically said, Ummmm, no, they must abide by state firearm laws.
Eleanors38
(18,318 posts)I wonder if the university's administration consulted with them.