This past Wednesday, the Michigan Supreme Court heard oral arguments in MGO v. Ann Arbor and MOC v. Clio. At issue in the cases is whether schools, as local units of government, are subject preemption by the State of Michigan preventing them from creating and enforcing their own firearms restrictions. While MCL 28.425o prevents concealed carry in schools, MCL 750.237a provides an exemption for concealed pistol license holders, allowing a CPL holder to openly carry. MCL 123.1102 prevents local units of government in Michigan from enacting their own firearms regulations, a law that has been supported by Michigan courts in past cases, most notably MCRGO v. Ferndale in 2003.
Chief Justice Stephen Markman dominated questioning and appears to be supportive of preemption. He repeatedly referenced the sentence in state law that says school gun prohibitions don’t apply to people who are licensed to carry a concealed weapon. “I don’t mean to be flippant about this, but I don’t understand why that isn’t perhaps the beginning, the middle and even perhaps conceivably the end of the argument,” Markman argued. Justice Richard Bernstein and Justice Bridget McCormack, who has a son at Ann Arbor Pioneer High School, suggested there’s a need for schools to set restrictions, indicating the court may be divided on it opinion.
The Michigan Supreme Court will now meet privately to discuss the case and to agree on how the case is to be decided. A Justice will be selected to author an opinion of law, explaining the Court’s decision. Another Justice may write a dissenting opinion or an opinion expressing a separate point A decision on the case is expected to be decided by July 31 but could come much sooner.
The MCRGO Foundation through MCRGO Director and attorney Steve Dulan authored an amicus brief on the case. If you are interested in reading the detailed legal arguments in favor of preemption, you can view the brief HERE. If you support MCRGO’s arguments in the case, please help fund its future preemption defense efforts by donating to the tax deductible MCRGO Firearms Legal Defense Fund HERE. As the MCRGO Foundation is a separate non-profit organization prohibited from engaging in political advocacy, its legal activities are solely supported by voluntary contributions rather than MCRGO membership and training revenue.
