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Since early 2013, the practice of lawful open carry in a K-12 school by people with a Conceal Pistol License (CPL) has become more common. In response, K-12 school districts have started enacting policies that prohibit Open Carry or put the school into "lock down" if a person who is lawfully open carry comes to the school to pick up/drop off their child or participate in one of their child's school activities.
Believing that this practice to be unlawful, MOC has filed suit against Clio Public Schools. Clio Public Schools is aggrieving one of our members who has a child in the school district. We hope this lawsuit will make it to the Michigan State Court of Appeals so the question may be answered in a way that sets state-wide precedent.
Questions of Law we hope the Court of Appeals will answer:
- Can you really open carry in the school or was Rosmarie Aqualina correct in People v Watkins?
- Can school districts ban firearms or are they preempted by the state, such as other local governments?
We cannot emphasize enough: our ability to prosecute this case up to and through the Michigan Court of Appeals depends upon your generous donations to our legal fund. Won't you consider donating today?
Updates:
Sept. 17, 2014: Michigan Open Carry, Inc. announces intentions to sue a K-12 school district in November.
March 5, 2015: MOC files lawsuit against Clio Area Schools, Seeks to protect law abiding gun owners
April 13, 2015: Clio Responds to MOC Complaint
April 28, 2015: Michigan Gun Owners files a similar suit against Ann Arbor Public Schools
June 16, 2015: Plaintiffs Files for Discovery in Clio Lawsuit
July 6, 2015: Clio Area Schools Files Motion for Summary Judgement
July 29, 2015: MOC Responds to Clio's Motion for Summary Judgement
August 10, 2015: MOC Wins case in Circuit Court, expects appeal
September 14, 2015: Circuit Court Judge Hayman Signs order granting summary judgement for MOC
September 25, 2015: Clio Files for Appeal (Court of Appeals Page)
November 9, 2015: Clio files brief for Appeal (Exhibit A)
December 10, 2015: MOC files response brief for Appeal
December 15, 2016: CoA Finds in Favor of Clio, overturning Genesee Circuit court
Current status also available on the Court of Appeals Website.
