Michigan's top court hearing cases over guns, schools

News Releases

A gun openly carried by a spectator at a school concert in 2015 has turned into a major legal case as the Michigan Supreme Court considers whether the state's public schools can trump the Legislature and adopt their own restrictions on firearms.

The case from Ann Arbor has been on the court's docket for more than a year. But arguments set for Wednesday are getting extra attention in the wake of a Florida school shooting in February that killed 17.

There's no dispute that Michigan law bars people from possessing a gun inside a weapon-free school zone. But there's a wrinkle: Someone with a concealed pistol permit can enter school property with a gun that's openly holstered.

Though rare, it happened three years ago at a choir concert at Ann Arbor Pioneer High School, scaring teens, staff and spectators. The school board responded by banning all guns, with exceptions for police.

"If a student were to bring a gun into a school, that would be worthy of an expulsion," said Jeanice Kerr Swift, superintendent of Ann Arbor schools. "So why would it be different for other folks? ... What this case is about is local communities having a choice."

Separately, the Clio district, north of Flint, has a similar policy. The Supreme Court is hearing challenges from gun owners in both communities.

Gun-rights advocates argue that local governments, including elected school boards, can't step into an area reserved for the Michigan Legislature under state law. They point to a Lansing-area library whose ban on the open display of guns was struck down by the state appeals court in 2012.

But in Ann Arbor and Clio, another three-judge panel at the appeals court said schools are in a different category and have freedom to further restrict guns. The districts won that round.

Ken Herman, a paramedic and gun-owning parent who sued the Clio district, believes the appeals court got it wrong. In a filing at the Supreme Court, his attorney said schools have a duty to keep students safe, but lawmakers have "chosen to reserve the power to regulate the possession of firearms."

Herman, 36, said he carries a gun for protection wherever it's allowed. He said fears would be eased if more adults educated kids about proper gun ownership.

Related listings

  •  SUPREME COURT NOTEBOOK: Diabetes, decisions and justice math

    SUPREME COURT NOTEBOOK: Diabetes, decisions and justice math

    News Releases 04/18/2018

    Visitors attending Supreme Court arguments surrender their electronics on entering the courtroom. So if something rings, chimes or buzzes, it's likely the device's owner is dressed in a black robe.Last year, a justice's cellphone went off. But last m...

  • Drug companies want Supreme Court to take eye drop dispute

    Drug companies want Supreme Court to take eye drop dispute

    News Releases 04/01/2018

    Eye drop users everywhere have had it happen. Tilt your head back, drip a drop in your eye and part of that drop always seems to dribble down your cheek.But what most people see as an annoyance, some prescription drop users say is grounds for a lawsu...

  • Court: Government can't block immigrant teens from abortion

    Court: Government can't block immigrant teens from abortion

    News Releases 03/31/2018

    A federal court in Washington has told the Trump administration that the government can't interfere with the ability of pregnant immigrant teens being held in federal custody to obtain abortions.A judge issued an order Friday evening barring the gove...

Our Eugene Oregon Bankruptcy Practice

Since 2005, Erin Uhlemann has helped individuals and families facing financial difficulties file for bankruptcy relief. Erin's compassion and understanding of the law have helped hundreds of Oregonians achieve a financial fresh start. She started Willamette Valley Bankruptcy to focus on helping clients with bankruptcy and debt issues in the Lane County Area. Erin understands that choosing a bankruptcy attorney who makes you feel comfortable and confident can be as difficult as deciding whether to file a bankruptcy case. Because she knows that filing bankruptcy is not something that you planned to do or look forward to doing, Erin strives to make the process as easy as possible.

Because most people facing bankruptcy do not have extra money to pay fees, Willamette Valley Bankruptcy offers low upfront fees and will work with you to set up affordable payment plans to pay attorney fees and court filing fees. Consultations are always free so that you can get the answers you need before making any sort of financial commitment. If you have questions about attorney fees and payment plans, you can call or email today to get these questions answered.