HB 5474 (2009) Expand Preemption of Firearms Laws

[PhotoTom]

HB 5474 of 2009 (http://www.legislature.mi.gov/mileg.aspx?page=getobject&objectname=2009-HB-5474)
Weapons; other; preemption of firearm laws; expand to include institutions of higher education.

Introduced: 9/25/2009
Last Action: 10/27/2009 Analysis File Added

[malignity]

So does this mean that Universities will no longer be CEZ's, or is it now including Univerties as CEZ's? (Cause, for some reason, I thought a school and a university under the CEZ laws weren't the same?)

[PhotoTom]

So does this mean that Universities will no longer be CEZ's, or is it now including Univerties as CEZ's? (Cause, for some reason, I thought a school and a university under the CEZ laws weren't the same?)

The way I read it, it says that Universities will NOT be able to impose their own restrictive (over and above state laws) rules/"laws" that pertain to firearms. This is the statute that says local units of government cannot create firearms ordinances that are more restrictive than state law...

[malignity]

If that's the case, good for them. Now we need to lower the legal CPL age to 18. Technically the average student would be a junior in college by the time they can even carry. (If you can purchase a handgun at 18 from a private owner, you should be able to carry it at 18 imo.)

[One of Many]

As written, the schools could still prohibit EMPLOYEES from possessing or carrying while performing their duties as an employee. The net effect is that Students and Visitors will be allowed to be armed, but not a staff member.

[MrSmithMSU]

As written, the schools could still prohibit EMPLOYEES from possessing or carrying while performing their duties as an employee. The net effect is that Students and Visitors will be allowed to be armed, but not a staff member.
If this is true (IANAL), this makes things a little better for those who work at MSU, UM, and Wayne, because right now (as I understand it) that posession is a CRIME. If this passes, it may be a reason for termination, but it wouldn't be a crime. At that point it becomes a matter of what is more important to you, your job or your life, without the complication of a criminal prosecution.

I suppose that puts the "Institutions of Higher Education" on a par with private employers. It still frosts me because they are not private employers they are public employers and should not be able to have these special conditions.

[snapshotdod]

They need to allow carry on campus, or create a truely secure utopia on campus, which is what they think they have now, even though people are raped, beaten, and killed on college campuses all across the US daily...WTF:getsum2:

[EricF517]

LOL I just did a speach for school today about the safety at schools with regard to violent incidents and the CPL laws of MI. The class looked paraniod as all hell when I asked what they would do if there was someone in the hall shooting. One person said baricade the door. I reminded him that we were in a complete concrete room with one door and a 2 1/2' window on the side of it. The disappointment in his eyes was amazing along with the rest of the class looked very scared about it.

[Istyrr]

What about private Universities? Also, can't they call it Trespassing when you are carrying on their property if it is posted no weapons even if this law goes thru?

[esq_stu]

Sweet!:thumbup:

[jeepinrrt]

As a GVSU student I will be watching this VERY closely...... there was an article in the Campus paper about this issue a few weeks back. The president said regardless of the law (if the able to carry in buildings was passes) the university would still be able to create its own policy against it :( . Looks like this may not be the case anymore.

[PhotoTom]

Status Updated

New Analysis Added:
http://www.legislature.mi.gov/documents/2009-2010/billanalysis/House/htm/2009-HLA-5474-1.htm

[BOSS302]

I guess the staff just has to hope there is an armed student around to protect them if the SHTF. Any chance this could be changed to include the employees?

[baker437]

Got this emailed to me just now:

"Thank you for your email on House Bill 5474. The bill was expected to be voted on in the House Tourism Committee this morning, which I serve on, but it was later tabled so that additional work can be done on the content. I expect changes and clarifications will be made.

I will keep your concerns in mind should the bill be schedule for a vote in the weeks ahead. Thanks again for taking the time to write.


Sincerely,

Kenneth B. Horn
State Representative
94th District"

[baker437]

We all need to email the state reps on tourism committee to make sure this bill makes it out! Today it got tabled because there were not enough votes.

"I had members there, they tell me they didn't quite have the support. Yet. But the hearing otherwise went well.

Thanks for the updates, and if you get anything further about when it comes up next, let me know!

Thanks,

David Burnett
Midwest Regional Director
Students for Concealed Carry on Campus
David.Burnett@concealedcampus.org
(859) 576-7522"

[CDP]

One more reasin for campus carry.

Oakland Community College
Department of Public Safety

10/27/2009
DATE OF ISSUANCE

Department Complaint Number 0900000576


In compliance with the Timely Notice provision of the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1998, the Public Safety Department is giving notice of a possible threat to the community.

REPORTED OFFENSE: Criminal Sexual Conduct. This incident involved the rape of a female student. It occurred after 1 p.m., at the Orchard Ridge Campus, on Thursday, October 22, 2009. Location was in a building on campus that the victim was unable to identify. The victim did not require medical treatment. This incident was brought to the attention of the Public Safety Department on 10/26/2009.

SUSPECT(S): A white male, 5�6�-6�, with dark hair, medium build, 18-20 years of age.

SAFETY TIPS: Always report any criminal activity to the Public Safety Department as soon as possible. Delays may hinder an investigation. Regardless of where you go on campus, it is always a sound safety precaution to walk with others. At OCC, you can contact Public Safety and ask for an escort.

The Department of Public Safety is seeking anyone who may have witnessed this incident or suspicious activity in the area by contacting us at 5555 from any college phone or 248.858.4951 from any other phone.


Terry McCauley
Director of Public Safety
Oakland Community College

Oakland Community College, 2480 Opdyke Road, Bloomfield Hills, Michigan 48304, 248.341.2000

[spartywrx]

Chief Holt of the WSU PD testified that guns are not needed on campus.



FORCIBLE SEX OFFENSE: On September 15, 2009, A WSU female student reported she was the victim of a sexual assault while she was in her Towers Residence Hall room during the early morning hours of Saturday, September 12th, 2009.

The 18 year old female WSU student states that on 9-12-09, she was at a party at a local fraternity house and became intoxicated. Her female roommate picked her up at approximately 1:00am and drove her home to the Towers Residence Halls. There, the roommate and the victim met 5 males who were known to the roommate. The five males were subsequently invited up to the student's room.

Some time after entering the students room, the Complainant states that two of the males had non-consensual sex with her in her Residence Hall room. A crime alert was issued on September 18, 2009.

The completed investigation results and arrest warrant requests were submitted to the Wayne County Prosecutors Office for review. The Prosecutors Office refused to issue criminal charges, against the two males students involved, citing insufficient evidence for criminal prosecution.

A subsequent review of the case, by the WSU Administration found that the two male subjects actions in this incident were in violation of WSU policies. Both male students were subsequently expelled from the University.

ROBBERY: Two incidents of robbery were reported during September 2009. The first incident occurred on September 9th when a 34 year old Michigan State University student states he was walking on the sidewalk in the area of St. Antoine and Canfield at approximately 9:00pm. The victim stated that he was walking southbound on the sidewalk and two unknown subjects were walking northbound approaching him on foot. When they reached the student, one subject produced a black handgun stating, "Gimme what you got!". The student threw his wallet on the ground, but told the subjects there was no money in the wallet. The subject then asked if he had a cellphone. The student threw his cellphone on the ground and immediately ran northbound. One subject picked up the cellphone and both offenders ran eastbound on Canfield. The student was not injured.

The victim flagged down a Detroit Medical Center security officer who then notified WSUPD. Responding Officers searched the area and investigated a total of five male subjects. Three did not fit the final physical description provided by the victim. Two additional subjects were stopped and investigated, but were released at the scene when the victim was driven by them and stated they were not the ones that robbed him.

The second robbery incident occurred on September 13, 2009 in an alley in the vicinity of Cass and Hancock at 12:02am. There, a 20 year old female student stated she was walking southbound in an unknown alley near Cass and Hancock, when an unknown male subject ran up behind her, grabbed her cell phone from her hand, and continued running northbound in the alley. The subject said nothing and the student was not injured. An area search failed to locate anyone matching the very general description.

That's just September at Wayne State. I'm going to forward this to all the committee members this week.

[PhotoTom]

Status Updated
Revised Analysis File Added (http://www.legislature.mi.gov/documents/2009-2010/billanalysis/House/htm/2009-HLA-5474-1.htm)

[spartywrx]

I forwarded the WSU crime report that just came out to a rep. who is sympathetic to our cause.


<spartywrx>:

Thank you for the e-mail. Your testimony last week was excellent . While advocates for the various firearms groups are helpful, having an example of a typical clean cut student who feels the need to carry on campus makes the need for HB 5474 far more real for legislators. The crime report from Wayne State with further help in our negotiations with the universities.

Negative e-mail reaction to HB 5474 has been strong. Much of it is based on misinformation, claiming that the bill would allow guns in classrooms and dormitories. All of it is based on claims of an increase in firearms violence that cannot be support by data. These e-mails and a lack of understanding of firearms policy has made our job difficult in the House. I am not confident about the passage of HB 5474 this year. However, the issue is not going away and we will continue to pursue the bill.

The community colleges have agreed to a compromise that would require colleges and universities to allow the transportation of firearms as otherwise provided by law in vehicles on campus and which would allow concealed carry in open spaces on campus. The compromise would continue to allow colleges and universities to ban firearms in buildings beyond classrooms and dorms. The universities have not yet accepted the compromise.

Sincerely,

XXXXXXXXXX
State Representative
XXX House District

Well its better than nothing and I'll take it. One step at a time folks. There are legislators who support this issue out there who need our support. If we can get this passed as a compromise we can come back and say "well they allow it in the open spaces, why not the classrooms?"

[baker437]

Another fine example why some form of campus carry should be passed.

From UM DPS website:
“SECURITY BULLETIN Meadows wanted for stalking at School of Music
Canceled due to apprehension.
updated on May 18 2009 16:00
Wanted poster located here for Eldred Meadows. DPS has a warrant for the arrest of Eldred Meadows. This registered sex offender reportedly has exhibited stalking behavior toward SoM staff. He has developed a multiple-year pattern of stalking U-M staff.”

Also had 2 assaults/purse snatching less than a block off campus last night.
Please email your Rep!

[baker437]

Pro-carry viewpoint in UM student paper:
http://michigandaily.com/content/viewpoint-guns

[xd-40]

please email the reps on committee, we've got to show more support than opposition, or we don't stand a chance in hell.

[emt232004]

Any updates or is this dead in the water?

[langenc]

This and eliminating registration are non-issues for most 2A supporters, for some reason.

We stand together or fall seperately..

[Quaamik]

Regrettibly a lot of 2A supporters have been brainwashed into thining there are places (such as schools) where guns shouldn't be legaly carried and that registration somehow ensures the "wrong people" won't get pistols or that the police will be able to track down criminals by the registration.

It will take time and effort to convince them otherwise.

[Tallbear]

Any updates or is this dead in the water?

This and all bills introduced in 2009-2010 are dead and will need to be re-introduced for this session.

[Quaamik]

Any chance we could get pocket knives included in the premption if/when it get's re-introduced?

It would be nice to know you won't suddenly become a felon by crossing a city line carrying a pocketknife that is legal where you live.