Thursday, May 26, 2011

A small setback for Open Carry and Freedom in Michigan

For those of you who were not aware, there was a case in Ingham County Circuit court, Michigan Open Carry, Inc. (MOC), vs. Capitol Area District Library (CADL). MOC's contention was that CADL did not have the authority to ban open carry of firearms in it's libraries, as CADL was created by various local units of government, and answered to the same.

CADL's position is that they are an "authority" and are not mentioned specifically in Michigan's Preemption law, which forbids local governmental bodies from creating firearm laws stronger than the state. And if that didn't work, CADL also claimed they fit into the list of Pistol Free Zones, as they are sometimes used by schools, and they claim they lease their property from a school district. For reasons unknown currently, they dropped that claim in court.

CADL also proposed that openly carrying a firearm in a holster was "brandishing," under Michigan law.

Judge Rosemarie Acquilina, apparently went with her feelings, and not the law. She had made her pre-disposition to this case known earlier, when she granted a temporary injunction against openly carried firearms several months ago. This injunction is now permanent, at least until the appeals process is exhausted.

The judge did not rule that OCing of a firearm was brandishing, so I guess CADL lost that count.

As I understand it, OCing in a CADL library is out now. Concealed carrying is still OK... so far. I guess we'll see how long that lasts.

Judge Acquilina, it's long past time for you to step down. When you let your feelings get in the way of the law, you are no longer a fair and impartial judge. Do the state of Michigan a favor, and step down NOW!

There will be more to come on this subject.

 Current Mood: Hugely disappointed
 Current Music: Bonnie Tyler - Holding out for a Hero
My Carry Pistol: Taurus PT92AFS 9x19mm

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