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Thread: SB 0586 of 2017 Expand definition of "Local unit of government" and adds ability to adopt firearms policies pertaining to students

  1. #11
    Federal law already prohibits students from having guns in school and requires that they expel the student for a year or risk losing all federal funding.

    Detailed explanation here https://www.michigan.gov/documents/m...0_369956_7.pdf
    Last edited by Jared1981; 09-23-2017 at 12:09 AM.

  2. #12
    Quote Originally Posted by Jared1981 View Post
    Federal law already prohibits students from having guns in school and requires that they expel the student for a year or risk losing all federal funding.
    There's also MCL 380.1313

  3. #13
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    It's sad that because of idiot judges who can't read a law to save their lives that we need to have something that specifically names what constitutes a local unit of government.

  4. #14
    Quote Originally Posted by Roundballer View Post
    I think it is covered, "or any other political subdivision of this state". State Universities are created through State law and their boards are elected (for the most part), that would make them a State political subdivision. Community Colleges are created at the local level, but are regulated by the State.
    Some universities were created under state law, then you have the "special" universities (UofM, MSU, Wayne State, etc) that were created by constitutional decree, with the ability to make laws for their campuses. Now I think they should be considered "local units of government" but they are completely unique and their status has not been fully tested or defined by case law....yet. Hopefully Joshua Wade's case against UofM will be heard by the Supremes and ruled in our favor.

  5. #15
    MGO Member Roundballer's Avatar
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    Quote Originally Posted by Divegeek View Post
    Some universities were created under state law, then you have the "special" universities (UofM, MSU, Wayne State, etc) that were created by constitutional decree, with the ability to make laws for their campuses. Now I think they should be considered "local units of government" but they are completely unique and their status has not been fully tested or defined by case law....yet. Hopefully Joshua Wade's case against UofM will be heard by the Supremes and ruled in our favor.
    ALL of the State Universities are listed in the Michigan Constitution, either by name or reference. The Michigan Constitution does not grant them any special status, it mostly limits, funds and lays out names and declares what type of organization it is.

    Michigan Constitution-VIII

    It is within MCL that a University is granted any kind of authority.

    And note: Even though Wayne State University is named in the Constitution, no where in MCL (that I can find) are they granted any kind of authority to enact an ordnance of any kind:

    Name:  University list.jpg
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    Life Member, NRA, Lapeer County Sportsmen's Club Disclaimer: I Am Not A Lawyer. Opinions expressed are not representative of any organization to which I may belong, and are solely mine. Any natural person or legal entity reading this post accepts all responsibility for any actions undertaken by that person or entity, based upon what they perceived was contained in this post, and shall hold harmless this poster, his antecedents, and descendants, in perpetuity.

  6. #16
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    Quote Originally Posted by Divegeek View Post
    Some universities were created under state law, then you have the "special" universities (UofM, MSU, Wayne State, etc) that were created by constitutional decree, with the ability to make laws for their campuses. Now I think they should be considered "local units of government" but they are completely unique and their status has not been fully tested or defined by case law....yet. Hopefully Joshua Wade's case against UofM will be heard by the Supremes and ruled in our favor.
    That's because they make "rules" which they decree carry the weight of law, then throw the wrong laws at people hoping they won't have the stones or resources to take the university to a fight in court, and then drop the case when it is clear that they are looking at a losing precedent, then threaten the student with expulsion if they don't just shut up and play along.
    Yes, it's almost 10 years later and I'm still grump about it.
    On the bright side... I'm now one VERY pro-2A academic dork.
    "Sec. 2. All persons who are commonly known as “Greasers” or the issue of Spanish and Indian blood, ... who go armed and are not known to be peaceable and quiet persons, and who can give no good account of themselves, may be disarmed by any lawful officer, and punished..." - Disarming of "Greasers", An Act to punish Vagrants, Vagabonds, and Dangerous and Suspicious Persons” California, passed April 30, 1855.

  7. #17
    Quote Originally Posted by Roundballer View Post
    ALL of the State Universities are listed in the Michigan Constitution, either by name or reference. The Michigan Constitution does not grant them any special status, it mostly limits, funds and lays out names and declares what type of organization it is.

    Michigan Constitution-VIII

    It is within MCL that a University is granted any kind of authority.

    And note: Even though Wayne State University is named in the Constitution, no where in MCL (that I can find) are they granted any kind of authority to enact an ordnance of any kind:

    Name:  University list.jpg
Views: 168
Size:  75.5 KB
    Thank you for pointing this out. It's not stated enough. Many people parrot that they are "independent" as if they are the 51st-54th states if the United States.

    A well respected MI lawyer and I did extensive research into this issue and found this not to be that case and just about EVERYTHING they do, including their police being able to write parking tickets, is authorized by the MCL.

    The only 2 "rights" they have under the constitution, in layman's terms are...

    1. They decide what to do with appropriated money, the state can't put restrictions on this.
    2. They decide what land they want to acquire and what they wish to do with it.

  8. #18
    Here are some examples/notes which I compiled which illustrate that a University can’t direct a fart without MCL authorization, except for appropriations and land acquisition as authorized by the constitution.

    University of Michigan

    MCL 390.1511

    They can have a police department

    MCL 28.602(f)(i)(BB)

    "A public safety officer of a higher education institution authorized under section 1 of 1990 PA 120, MCL 390.1511"

    U of M regents can enact ordinances

    MCL 390.5 Public Act 151 of 1851

    John Ter Beek v City of Wyoming 2014 No. 145816

    Preemption, field preemption, direct contravention.

    PA 291 of 1967 MCL 380.891-893

    Authorizes state universities and colleges to enact parking, traffic and pedestrian ordinances and to provide for the enforcement of the ordinances; and to dispose of fines collected.

    PA 80 of 1905 MCL 19.141

    Rules and regulations for the care, preservation, and protection of buildings and property dedicated and appropriated to the public use.

    MCL 19.145

    County DA has jurisdiction for enforcement/prosecution.

  9. #19
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    I'm sure the august persons that wrote those laws did not intend to put the universities at odds with State law, but rather intended to treat them the same as a small town. In essence, a local government. That's the spirit of the law. But because that doesn't square with what the zampolit want, they will in this case seek to hold to the letter of the law.

  10. #20
    Administrator PhotoTom's Avatar
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    SB 0586 of 2017
    Weapons; other; local units of government prohibited from imposing certain restrictions on firearms; expand. Amends secs. 1 & 2 of 1990 PA 319 (MCL 123.1101 & 123.1102).
    Last Action: 11/7/2017 Analysis File Added

    http://www.legislature.mi.gov/docume...SFA-0586-G.pdf

    DISCLAIMER: The opinions expressed in my posts are my own and do not necessarily reflect the opinions, views, or official policies of Michigan Gun Owners.

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