Being Disorderly

Credit: nick@ / photo on flickr

Michigan law permits open carry of firearms on school grounds. The Homer Community School District has a policy of locking down a school and calling the cops any time someone is seen with a weapon, which it does every time the father of one student shows up at school. School officials admit the dad is not confrontational and causes no problems apart from insisting on exercising his legal rights. But County Prosecutor David Gilbert says he will consider charging someone with being a disorderly if their legal carry of a weapon causes a lockdown.

Comments

[NHThinker]

Sounds like the dad should file for a peace bond against the County Prosecutor for intimidation.
http://www.plea.org/legal_resources/?a=303

[Fist of Etiquette]

"But we advised the school to continue with their policy -- if they have a weapon on campus to lock down until it is secure and that they can ensure that students and teachers are not in danger," Saxton said. "You just don't know and time is of the essence in an active shooter situation."

Sheriff Saxton should be advising the school to be in a constant state of lockdown. BECAUSE YOU JUST DON'T KNOW.

[Fist of Etiquette]

Saxton said Calhoun County Prosecutor David Gilbert has said he would consider charges of being a disorderly person if lockdowns were ordered by schools when a person openly carried a weapon.

"He said if they were disrupting the school day he would charge them with creating a disturbance," Saxton said. "We will forward a report on the incident to the prosecutor Tuesday for review."

Sounds like school administrators should be charged as well.

[Scarecrow & WoodChipper Repair]

s/as well/instead/

[Fist of Etiquette]

"This is something that needs to be taken care of in Lansing, one way or the other," Saxton said. "The vast majority of CPL holders are law-abiding citizens and they don't want to carry concealed in the school because they know it is a violation of the law. I have been supportive of the CPL law but I am also supportive of kids getting a good education in a safe and secure school."

But it's not in violation of the law, only of school policy, which is only binding to the school. I'd say this sheriff is just accepting of the CPL law to keep everyone off his ass and still in office.

[Gindjurra]

It's worth noting that just as the Constitution and statutory law say it's perfectly legal for the parent to carry a gun as he does on school grounds, it's also Constitutional and statutory law that say police may do so on school grounds.

If it truly is the official opinion that irrational panic over a Man With A Gun on school grounds is disorderly conduct -- BY the lawfully-armed individual no matter what the law says about it -- then by all means people should call the school office and/or police every time they see a school resource officer to report the presence of a gun on campus.

After all, if laws that say having a gun is okay are automatically invalid at the school, then they would be invalid for everyone.