On July 11, the Michigan Court of Appeals heard oral arguments in a case over whether a library can ban weapons. The case,
Capital Area District Library (CADL) v. Michigan Open Carry Inc., was decided in favor of the
Capital Area District Library last
May by the
Ingham County Circuit Court. The library, which serves Ingham County, MI (except East Lansing), bans all weapons “
to the fullest extent permitted by law.” The question is, just how full is that extent?
Michigan’s Firearm and Ammunition Act of 1990 says local units of government can’t pass laws and regulations on weapons. Attorney Gary Bender, who represents the library, told
WILX.com that authorities that govern library systems, like those that govern sporting arenas, water systems and other similar organizations, are not included in the Firearms Act. The circuit court agreed, issuing a declaratory judgment that the library’s weapons policy is valid, lawful and not preempted by state law. (The judge also entered a permanent injunction against openly carrying firearms into any CADL branch library or property.) But Dean Greenblatt, attorney for
Michigan Open Carry, disagreed with that interpretation. “The City of Lansing and County of Ingham have created a new entity,” Greenblatt argued. “(CADL is) a creation of two entities that could not themselves regulate firearms, and they created an authority that can,” the
Lansing State Journal quoted Greenblatt as saying. If the appeal goes against them, Michigan Open Carry plans to take its case to the state Supreme Court, according to WILX. Elizabeth Breed, marketing director of CADL, said “No decision has been made” about whether the library would do the same. According to Breed, the library has been paying its own costs for the litigation. In the meantime, the
Baldwin Public Library Board in Birmingham, MI, is taking another route to address the same dilemma. At its July 16 meeting, the board voted to send a
letter to its state representatives asking the state legislature to
add libraries to the list of places that are except from the open carry law, Director Doug Koschik told
LJ. That list currently includes banks, places of worship, court, theaters, sports arenas, day care centers, hospitals, and bars. (According to the board the
Village Council of Beverly Hills, Baldwin’s largest contracting community, plans to adopt a resolution at its next meeting supporting the library board’s position as well.) It wouldn’t be the first time the legislature considered such legislation. On March 15, 2011, Representative Joan Bauer introduced
HB 4438 and
4439, which would have added libraries to the list of exceptions to the open and concealed carry laws. Neither received a hearing.
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Lonnie
As a CPL holder and responsible gun owner, I can understand why you wouldn't want folks to carry (openly or concealed) in a library. Really it's the same reasons you shouldn't be able to carry in a school. That said, my neighborhood library is Monteith, located on the 14000 block of Kercheval.Posted : Oct 04, 2012 01:07
JRHowosso
Got to wonder if they win the right to become a 'gun free zone' what they are going to do about the section of the carry law that allows CPL holders to carry in gun free zones as long as they carry OPEN?????? Gotta love itPosted : Jul 19, 2012 01:42
Jon
My apologies on posting twice. I meant to state in the first post that MCL does not prohibit the carry pistols in banks. In fact before becoming a shall issue CPL state. Business to bank was a valid reason to aquire a permit, when apearing infront of the gun board.Posted : Jul 19, 2012 01:18
Jon
With CPL: http://www.legislature.mi.gov/(S(koafa555llk1ktigsozcnm55))/mileg.aspx?page=getObject&objectName=mcl-28-425oPosted : Jul 19, 2012 01:12