Is it reasonable for teachers and parents to worry that a person is openly carrying a gun around kindergartners in a public school? Maybe; but gun-rights buffs in Michigan beg to differ.
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(Photo: Bill Laitner, Detroit Free Press)
STORY HIGHLIGHTS
State law give broad rights to carry a firearm openly in Michigan.
Those with a CPL %u2014 concealed pistol license %u2014 can carry a handgun, but openly, in restricted areas.
Gun-rights buffs say a CPL holder can carry openly in public schools; but a few schools object.
A statewide gun-rights group this week sued the Ann Arbor Public Schools over its new weapons ban.
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A statewide gun-rights group and a father with children in the Ann Arbor schools are suing the school district over its new policies that ban firearms on school grounds.
The lawsuit, filed in Washtenaw County Circuit Court, comes just as a crowd of about 500 gun-rights advocates are expected Wednesday at the annual Second Amendment March around the Capitol Building in Lansing. After hearing speakers, the crowd of pistol packers customarily stride into the chambers of state lawmakers, prominently bearing their arm.
"We like to remind the legislators who we are and what our rights are," said Jim Makowski, a Dearborn lawyer who filed the lawsuit and said he personally served it Monday afternoon at the offices of Ann Arbor Public Schools. Makowski planned to march Wednesday in Lansing and is scheduled to speak from the Capitol steps.
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The lawsuit challenges the Ann Arbor school board's three rulings on April 15: Policy 5400 lets the superintendent close schools and cancel events if staff see any dangerous weapons, including a handgun; Policy 5410 designates all school property as "Dangerous Weapon & Disruption-free Zones"; and Policy 5420 says no one possessing a dangerous weapon, including a handgun, can be on school property, with exceptions being police officers or individuals hand-picked by the superintendent.
Gun-rights advocates contend that the three policies violate state laws regarding gun possession on public property, including school grounds. State law allows a gun owner to openly carry a firearm on school property and other so-called "pistol-free zones" if the owner has a concealed pistol license, said State Rep. Jeff Irwin, D-Ann Arbor. In addition, another state law — called the pre-emption statute — says that no local unit of government, such as a school district, may pass gun regulations in conflict with state law.
Irwin said he is not bothered by people openly carrying firearms, but he said "the problem is, how do you tell the difference between a violent armed attackers and a frightened patriotic type who is living in fear and wants to carry a gun all the time?"
Ann Arbor school officials could not be reached Tuesday to comment on the lawsuit. But in recent statements, the district repeatedly said that its board members, administrators and other school staff want the schools to be "weapon-free zones."
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According to the district's web site, "Michigan law authorizes school districts to exercise considerable power to ensure proper operation of their schools according to the Revised School Code." The web site goes on to say: "Public School Districts may restrict the exercise of certain constitutional rights, so long as those restrictions are reasonably related to legitimate education concerns such as causing disruption to the educational campus, activity or event."
Letting schools suspend the Constitution amounts to fighting words for the plaintiffs in the lawsuit — the Michigan Gun Owners, a group of hundreds of gun-rights advocates; and Ulysses Wong, father of a 15-year-old son and 10-year-old daughter in the Ann Arbor schools.
Wong, a computer technician for a medical-billing agency, said he would like to carry a gun when picking up his children from school but fears that school officials will call the police. He said he'd been carrying a gun for about seven years but did not wear one into a school because state law requires that it be worn in the open. He'd prefer to carry it concealed under his coat, he said. Wong's wife doesn't carry a gun but supports him in the lawsuit, he said.
"My wife, when I said I wanted to file this lawsuit, she basically said do what I believe is right," Wong said.
Makowski, who lives in Riverview, also is the father of two school-age children. He said 70% of his practice involves defending clients in firearms cases. His license plate reads GUNLWYR. Like many gun owners, he insisted that the Ann Arbor schools would be safer with licensed gun-owners carrying their weapons inside the buildings.
And he said that banning guns in a school or anywhere else won't stop a criminal from entering with a firearm.
Speaking sarcastically, he said: "Of course, someone with evil intent is going to stay away from the Ann Arbor Public Schools because they have banned guns."
Contact Bill Laitner:
blaitner@freepress.com or 313-223-4485.