To our members and friends:
As many of you may have heard, recently Michigan Open Carry, Inc., with the help of many of you, triumphed in court in a case brought by the Capital Area District Library Authority (CADL) (CADL v Michigan Open Carry, Inc.). CADL is a district Library Authority that was created originally by the City of Lansing and Ingham County (other municipalities have since joined). CADL contended they could ban firearms from their premises because library authorities aren't explicitly mentioned in the State's firearm and ammunition act (MCL 123.1102 more commonly called the "firearms preemption law"). Fortunately, the Michigan Court of Appeals disagreed with CADL and sided with MOC, declaring the state legislature intended to "occupy the field" of firearm regulations exclusively and to the exclusion of all local regulation.
Since the decision has come from the Court of Appeals, it sets state-wide precedent. This is a far better outcome than we hoped for when we started defending this case in 2011. Our fears were if this case was allowed to stand we'd begin seeing Downtown Development Authorities, Municipal Park Authorities, or any other imaginable municipal authority begin to create firearm regulations. This would have lead to the "patchwork of local laws and regulation" that the Michigan Legislature sought to avoid. We are thankful our fears won't be able to materialize. Of course, CADL still has another month or so to decide if they will appeal the decision to the Michigan Supreme Court.
After this case settles in and we know whether or not CADL will appeal, we have more plans. We are in the planning phases of other litigation opportunities aimed at defeating other local regulations in Michigan. When and if these opportunities come to fruition I will provide more details and I hope each of you will consider supporting us with your generous donations as you have in the past. With your help, we will win back Michigan for the Right to Keep and Bear Arms.
Phillip L. Hofmeister
Michigan Open Carry, Inc.
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