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Firearms Legal Protection

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  1. #21
    Legal Forum Contributor / Super Moderator Shyster's Avatar
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    Quote Originally Posted by DP425 View Post
    Way too long for me to get through all of it. But, it looks great!

    Now, back to the community college question...
    If we win this one, how will things look for students otherwise permitted, to open carry in class? I know they may argue code of conduct as a contract or something of that nature, but it seems like that wouldn't hold water.
    If we win community colleges should also be barred from enacting their own policies, depending on the wording of the opinion.
    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. Any opinion I express on an issue should not be considered legal advice.

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  2. #22
    In Memoriam mikeb32's Avatar
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    Quote Originally Posted by Shyster View Post
    If we win community colleges should also be barred from enacting their own policies, depending on the wording of the opinion.
    IF?
    "Tell Me No Lies, I'll ask you No Questions"

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  3. #23
    Legal Forum Contributor / Super Moderator Shyster's Avatar
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    Quote Originally Posted by mikeb32 View Post
    IF?
    Lol WHEN we win
    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. Any opinion I express on an issue should not be considered legal advice.

    For those interested in establishing an NFA or Gun Trust click here. For my contact information click here. Follow me on Twitter @makowskilegal or my website www.makowskilegal.com

  4. #24
    In Memoriam mikeb32's Avatar
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    "Tell Me No Lies, I'll ask you No Questions"

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    Unless otherwise noted, my posts represent my personal opinion, and are not an official position, opinion, or endorsement by MGO or the MGO BOD.

  5. #25
    Quote Originally Posted by DP425 View Post
    Not even touching it unless this AAPS or the UM lawsuit is completed. No reason for me to go getting embroiled in legal anything with those two pending. Either should clearly lock in LCC's standing for pre-emption.

    That said, I would REALLY prefer to CC. I just don't want the attention and hassle that would come with OC in a classroom. I prefer to be the quiet older guy in the back who doesn't say much and looks fairly angry all the time. The less I have to associate with fellow students, the better. Especially those some 16 or so years my junior. OCin is going to all but ensure I get PLENTY of attention, from students and faculty alike. Plus then I have to invest in retention holsters and all that. It's just really not the route I'd prefer to go. But, do what I have to do.
    I'd prefer to CC too but I'll take what I can get! I wonder if my .22mag NAA with its belt buckle holster would garner any flak...

    I started thinking about this more. I wonder if something small like an LCP in an OWB holster would go quite a bit more unnoticed getting you less flak vs the more noticable full size HK I carry 95% of the time. You could probably keep a tiny gun's view mostly obstructed by your arm while walking and what not. Not my ideal sized gun but if it kept me more off the radar, then it might be the way I'd go.


    Legal question:I open carry in a community college after the ruling(assuming wordings are in our favor). I carry my .22mag NAA mini revolver on it's belt buckle holster openly. When asked "Is that real?" would I be subject to any legal issues if I said something like "neh, it's just a lighter"(provided I'm not saying this to a peace officer)?
    Last edited by Cocowheats; 02-25-2016 at 04:03 AM.

  6. #26
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    Interesting question but why lie in the first place when you can say "sure looks real, doesn't it?" Or something similar.

  7. #27
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    Quote Originally Posted by Shyster View Post
    If we win community colleges should also be barred from enacting their own policies, depending on the wording of the opinion.
    GREAT news! Maybe by the time I transfer to a university, the UM case will be resolved!

  8. #28
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    Outstanding.

    I now have a better understanding of why attorneys charge so much.
    This looks like a huge amount of work and well done.

    For fun I changed some of your wording where it would apply to the United States as wishful thinking.

    The legislature's concern about a patchwork of state ordinances creating unfair
    prosecutions of persons carrying licensed pistols in the United States. Such individuals would inevitably enter States controlled by
    authorities where local rules ban conduct licensed and regulated under the Constitution of the United States, creating a
    spate of unfair prosecutions in some States for conduct fully lawful elsewhere in the United States.
    Such a patchwork of State regulation would create an unfair burden on the courts,
    prosecutors, police, and on members of the public engaging in conduct that is allowed by the Constitution of the United States.

  9. #29
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    Quote Originally Posted by DP425 View Post
    GREAT news! Maybe by the time I transfer to a university, the UM case will be resolved!
    UM's case will be the linchpin, but this case will certainly go a long way, since most community colleges are under the same scheme as school districts insofar as state law is concerned.

    But once U of Michigan loses big, then all universities will know they're preempted.

  10. #30
    Legal Forum Contributor / Super Moderator esq_stu's Avatar
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    Quote Originally Posted by DP425 View Post
    Any ideas how quickly this will move along? I'll be going back to school (community college) in the fall and would LOVE to be able to OC in class with some case law to cover rear.
    Based on my own experience, many months before a hearing; could be anywhere from a couple of weeks to many more months before a decision. We'll probably be waiting for a decision Christmas time. I have seen very quick decisions (less than 2 weeks after the hearing).

    The wheels of justice turn slowly. I can see this get consolidated with the other preemption cases, which could lengthen the times. But it might be worth it. I'm hoping to see something like "if the legislature wanted to carve out schools and colleges it could have done so."
    All the best,

    --esq_stu
    NRA Life Member
    NRA Certified Instructor: Basic Pistol, Personal Protection in the Home, Personal Protection Outside the Home


    The above comments are not intended to be and do not constitute legal advice to anyone.

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