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BlogsPublications | January 8, 2018
1 minute read

Controversial Clio School District ban on open-carrying weapons in schools will be reviewed by the Michigan Supreme Court

In a case that has garnered national attention, Michigan Open Carry Inc. v. Clio School District, No. 155204, the Michigan Supreme Court has ordered supplemental briefing and a mini-oral argument for the parties to address:

(1) whether, in light of MCL 123.1102, it is necessary to consider the factors set forth in People v Llewellyn, 401 Mich 314 (1977), in order to determine whether the school district’s policies are preempted;

(2) if so, whether the Court of Appeals properly analyzed the Llewellyn factors; and

(3) whether the Court of Appeals correctly held that the school district’s policies are not preempted.

MCL 123.1102 bans a local unit of government from regulating the transportation or possession of firearms “except as otherwise provided by federal law or a law of this state.”  For a summary of and link to the Court of Appeals decision from December 2016 allowing enforcement of the ban, click here.  Given the year-long wait, one might have anticipated an opinion on the application.  An opinion may still be forthcoming, but with oral argument not yet scheduled, the parties will probably have to wait until close to the end of this term to find out what action the court will take on the application, assuming oral argument is eventually scheduled for this term.