
Good morning, Since my experiences at CADL, I thought it might be useful to share what I have learned in my role as director of KDL. I have found the best way to deal with open carry is to ignore it with some caveats. If someone comes into your library with a pistol that isn't in a holster, call the police. If someone carries a long arm into your library (assault rifle, etc.), call the police. If someone takes their pistol out of their holster call the police. Otherwise, just ignore them. They will go away. I hope this helps. Kind regards, Lance Sent from my iPhone On Jan 10, 2017, at 11:15 AM, Membiela, Clare (MDE) <MembielaC@michigan.gov<mailto:MembielaC@michigan.gov>> wrote: Hi: Here is some additional clarification on the gun decisions: The argument the court uses to distinguish between the CADL case and the Ann Arbor & Clio cases is , essentially, that there is a statute, MCL 123,1102<http://legislature.mi.gov/doc.aspx?mcl-123-1102>, which prohibits the enactment of any firearm regulation by "local units of government." The statute defines "local units of government" as: "a city, village, township, or county". MCL 123.1101<http://legislature.mi.gov/doc.aspx?mcl-123-1101> In the CADL case, the court determined that since a District Library is established by two local units of government, it is covered within the purviews of MCL 123.1102. In other words, a product of two local units of government, is, in effect, a local unit of government, and therefore specifically prohibited from regulating firearms by MCL 123.1102. School Districts, on the other hand, are NOT considered "local units of government" under MCL 123.1101. They are completely set apart. Additionally, the court applied a four step analysis (called the "Llewellyn framework," after the case which created the test) to determine that the School regulation is not preempted by the State Law and that there is no evidence to indicate that the State ever intended for School Districts to be UNABLE to regulate firearms on their campuses. On the contrary, the court found several instances where the legislature has regulated guns in schools. I hope this is helpful! Here is a link to all three opinions: CADL v. Mich. Open Carry, Court of Appeals of Michigan.October 25, 2012298 Mich.App. 220826 N.W.2d 736 http://publicdocs.courts.mi.gov/opinions/final/coa/20121025_c304582(66)_rptr... Mich. Gun Owners v. Ann Arbor Public Schools (Dec 15, 2016) http://publicdocs.courts.mi.gov/opinions/final/coa/20161215_c329632_47_32963... Mich. Open Carry v. Clio Area School District (Dec. 15, 2016) http://publicdocs.courts.mi.gov/opinions/final/coa/20161215_c329418_32_32941... Clare D. Membiela, MLS, J.D. Library of Michigan MembielaC@michigan.gov<mailto:MembielaC@michigan.gov> 517-335-8132 From: michlib-l-bounces@mcls.org<mailto:michlib-l-bounces@mcls.org> [mailto:michlib-l-bounces@mcls.org] On Behalf Of Christine Hage Sent: Tuesday, January 10, 2017 10:25 AM To: Mich-L. <Michlib-l@mail2.mcls.org<mailto:Michlib-l@mail2.mcls.org>> Subject: [Michlib-l] Guns in Libraries My trustee did further research and found this case Capital Area Dist. Library v. Michigan Open Carry, Inc., 298 Mich.App 220; 826 NW2d 736 (2012) (Here's a link: http://publicdocs.courts.mi.gov:81/opinions/final/coa/20121025_c304582(65)_r... ). That case pretty much renders us dead in the water on the issue. Christine Lind Hage Director, Rochester Hills Public Library Division Councilor, United for Libraries 500 Olde Towne Road Rochester, MI 48307-2043 248/650-7122 Raising a reader is: Talking * Singing * Reading * Writing * Playing _______________________________________________ Michlib-l mailing list Michlib-l@mcls.org<mailto:Michlib-l@mcls.org> http://mail2.mcls.org/mailman/listinfo/michlib-l