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Purveyor

(29,876 posts)
Tue Sep 22, 2015, 07:04 PM Sep 2015

U-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 university’s 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/

6 replies = new reply since forum marked as read
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U-M: We Decide Campus Gun Laws, Not State of Michigan (Original Post) Purveyor Sep 2015 OP
U-M is probably going to lose this one, GGJohn Sep 2015 #1
I see lots of money changing hands on this one. n/t oneshooter Sep 2015 #2
Yup, tuition will have to go up again DonP Sep 2015 #5
"Kim Davis to the white courtesy phone." Nuclear Unicorn Sep 2015 #3
Didn't a CO. state university make the same argument years ago GGJohn Sep 2015 #4
I hear the poly-sci dept. and the law school are pretty good at UM... Eleanors38 Sep 2015 #6

GGJohn

(9,951 posts)
1. U-M is probably going to lose this one,
Tue Sep 22, 2015, 07:45 PM
Sep 2015

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.

 

DonP

(6,185 posts)
5. Yup, tuition will have to go up again
Wed Sep 23, 2015, 09:15 AM
Sep 2015

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

GGJohn

(9,951 posts)
4. Didn't a CO. state university make the same argument years ago
Tue Sep 22, 2015, 11:54 PM
Sep 2015

and the CO Supreme Court basically said, Ummmm, no, they must abide by state firearm laws.

 

Eleanors38

(18,318 posts)
6. I hear the poly-sci dept. and the law school are pretty good at UM...
Wed Sep 23, 2015, 01:39 PM
Sep 2015

I wonder if the university's administration consulted with them.

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