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Michigan Court of Appeals AFFIRMS Arena Authority Preemption

Second Amendment


Michigan Court of Appeals AFFIRMS Arena Authority Preemption

Michigan – -(AmmoLand.com)- Last week, a three judge panel for the Michigan Court of Appeals issued a ruling in MOC & MGO v. CAA & SMG (the Grand Rapids arena authority). In the opinion, the court affirmed that the authority is preempted local unit of government subject to MCL 123.1101 et seq. as held in CADL v. MOC.

Ruling

If you recall, in 2016, members of MOC and MGO were asked to disarm or leave a women’s expo in Grand Rapids at which the groups had leased a booth. The groups tried in vein to speak with management, whom only dug their heels in, leaving the groups no choice but to file suit. Last summer, the trail court agreed with MOC and MGO causing the arena authority to appeal.

However, while the preempted status of the arena authority was clear to the court, much was not. In what has been characterized as an opinion in search of a case, the court analyzed hypothetical facts not at issue. Even though no one was carrying concealed, the court ruled that the authority may regulate concealed carry in so far as it is already regulated under state law (MCL 28.425o) – something we did not dispute preempted entities may do. Further, even though the private event promoter was fine with us there, and had no policy regarding weapons, the court ruled that the arena authority can enforce private lessee policies, despite the clear language of 123.1102.

Basically, the court addressed things that were not relevant to the events that lead to the suit.

Despite the court doing it’s level best to find things to rule against us on, the court ultimately had to agree with us when it came to our purpose for being there;

The arena authority is preempted, and the enforcement of their policy against Michigan Open Carry and Michigan Gun Owners was illegal. Period.

Michigan Gun Owners and Michigan Open Carry teamed up on this one to fight for the gun community, and we are pleased to say that we came out on top. If you like how we are fighting for you, please consider joining each organization and donating to our legal defense funds. We would not be able to fight these very important fights were it not for the support that we receive from our generous members and donors.

MOC Legal Fund  – MGO Legal Fund

Lastly, we would like to thank our attorney Dean G. Greenblatt for representing us through this endeavor. Mr. Greenblatt has been a long time supporter of both organizations and we would not be where we are without him. Also, to Steve Sundeen, whom represented MGO at the trial level.

Thank you!

Tom Lambert
President
Michigan Open Carry, Inc.
[email protected] Erik Utrecht
President
Michigan Gun Owners
[email protected]

Michigan Open Carry


Michigan Open Carry

Michigan Open Carry, Inc is a Not-For-Profit organization that depends on our dues paying members to continue our operation. We are an all-volunteer organization. As such, no one is paid a salary and very few of the personal expenses of our officers are reimbursed. Won’t you consider joining us or renewing as a dues paying member today? www.miopencarry.org.



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