U-M: We Decide Campus Gun Laws, Not State of Michigan

[Purveyor]

David Jesse, Detroit Free Press 3:41 p.m. EDT September 22, 2015

It doesn't matter if state law allows people to openly carry guns on the University of Michigan's campus, the university argued in a recent court filing, because only U-M's board can set U-M policy.

That's because, in U-M's view, the Michigan Constitution exempts U-M from having to pay attention to a state law banning local governmental units from making weapons laws.

U-M made the argument in a brief asking a state Court of Claims judge to toss out a lawsuit filed by Joshua Wade, an Ann Arbor resident who is seeking to open carry his gun on campus. He disagrees with the university's claim of sovereignty.

"The Michigan Constitution vests the power to legislate with the state legislature, not with the state universities..." Wade's attorney, Steven Dulan wrote in a court filing last week. "It is clear that the Board of Regents is powerful within the governance of the University itself, but it has no authority to attempt to usurp the legislature's constitutionally-delegated role in the state government."

U-M's weapons policy says no weapons can be carried on U-M campuses by anyone other than law enforcement or the military. It also offers exceptions for education purposes. The university’s policy also says the director of public safety can issue a waiver allowing someone to carry a weapon on campus “based on extraordinary circumstances.” The policy, Article X, was put in place 14 years ago.

MORE...

http://www.freep.com/story/news/local/michigan/2015/09/22/university-michigan-open-carry-lawsuit/72619910/

[GGJohn]

1. U-M is probably going to lose this one,

Michigan has a state pre-emption law that states only the legislature can set firearms policy, and U-M being a public university, then they have to follow state law.

[oneshooter]

2. I see lots of money changing hands on this one. n/t

[DonP]

5. Yup, tuition will have to go up again

I think that College Administrators, like some politicians, actually start to believe their own press releases about how wonderful they are and forget they answer to the same laws as the rest of us peasants.

I'm pretty sure state preemption will take care of this, but only after a co$tly court ca$e where the University makes a BIG contribution to the NRA/SAF legal fund.

But ... maybe the administration will refuse to implement the law and can spend some time in the special "Kim Davis Memorial Cell Block" to show their level of commitment?

Between big checks from Chicago, San Francisco, DC, these Universities, et. al., no wonder the NRA and SAF can afford the best lawyers

[Nuclear Unicorn]

3. "Kim Davis to the white courtesy phone."

[GGJohn]

4. Didn't a CO. state university make the same argument years ago

and the CO Supreme Court basically said, Ummmm, no, they must abide by state firearm laws.

[Eleanors38]

6. I hear the poly-sci dept. and the law school are pretty good at UM...

I wonder if the university's administration consulted with them.