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
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; 09-22-2017 at 11:09 PM.
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.
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:
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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.
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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.
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.
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.
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
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