New law says schools can ban firearms

September 7, 2017

By John Raffel

Osceola County prosecuting attorney Tony Badovinac points out in a recent correspondence with the Marion Press that while Michigan law allows the open carrying of firearms by an individual wanting to do it, there’s a problem if someone wants the “Open Carry” in a school.

“Over the past two years, as a prosecutor I have been inundated with a number of requests from various school districts wanting to know if a parent who wants to bring a gun to school can do so or if the school can prohibit the possession of a gun in school,” Badovinac said. “The answer, up until lately, was unknown. One of the local Career Technical Centers even went so far as to enact a policy which would simply have a designated employee follow or ‘shadow’ anyone who came into the school with a gun.

“This very issue was brought before the courts last fall when a couple of parents sued their school district for prohibiting them from the open carrying of their firearms on school grounds and another individual sued a Library for not allowing him to carry his gun. The courts were confined by a Michigan Law MCL 123.1102 which prohibits a local unit of government from regulating firearms.”

Badovinac noted the Michigan Court of Appeals eventually held that school and school districts could regulate or ban firearms on school premises.

Tony Badovinac

Tony Badovinac

“That is currently the law and I predict that gun enthusiasts will seek Michigan Supreme Court review of these decisions,” Badovinac said.

“That being said I now tell school districts they now have the right to ban guns and that if they do not have a policy in place, and want to ban guns, they need to implement one immediately. I now recommend that
district wide policies should be implemented which ban the open carrying of guns.

“Conspicuous signage informing all who enter school grounds or functions should be used to inform people of the policy/law and if an individual refuses to comply with such policy a police report should be sent to the prosecutor asking for possible charges of trespass, disturbing the peace or brandishing of a firearm, depending on the facts,” Badovinac continued.

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One Response to New law says schools can ban firearms

  1. Phillip Hofmeister Reply

    September 9, 2017 at 10:52 pm

    The country prosecutor hasn’t done careful research of the law if he thinks he can make a brandishing charge stick — Michigan Open Carry, lead by myself at the time, did a good job locking down the brandishing statute.

    From MCL 750.222
    (c) “Brandish” means to point, wave about, or display in a threatening manner with the intent to induce fear in another person.

    MCL 750.234e Brandishing firearm in public; applicability; violation as misdemeanor; penalty.
    Sec. 234e.

    (1) Except as provided in subsection (2), a person shall not willfully and knowingly brandish a firearm in public.

    (2) Subsection (1) does not apply to either of the following:

    (a) A peace officer lawfully performing his or her duties as a peace officer.

    (b) A person lawfully acting in self-defense or defense of another under the self-defense act, 2006 PA 309, MCL 780.971 to 780.974.

    (3) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days, or a fine of not more than $100.00, or both.

    Good luck getting a conviction.

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