School Preemption: Michigan Court of Appeals Overturns Clio Decision
This past week, the Michigan Court of Appeals overturned a favorable circuit court decision in Herman vs. Clio and upheld an unfavorable circuit court decision in MGO vs. Ann Arbor.
The court ruled in summary, “The issue presented is whether state law preempts Clio Area School District policies banning the possession of firearms in schools and at school-sponsored events. We hold that it does not, and reverse the judgment of the circuit court.”
In short, the decision reverses a long-held understanding that concealed pistol license holders enjoy an exception to carry openly in public schools and that public schools are local units of government that are preempted from enacting their own firearms rules.
The liberal justices on the three person Court of Appeals were hostile to gun owners in questioning and issued their judgement in short order. That judgement is being appealed to the Michigan Supreme Court where gun owners should get a friendlier reception due to a 5-2 conservative majority. The MCRGO Legal Foundation is expected to participate in the appeal.
You can read the full decision here .