School officials can’t place themselves above the law when it comes to gun rights.
According to the Detroit Free Press, Michigan resident Kenneth Herman sued the Clio Area School District in Genessee County, near Flint, Mich., after the school banned him from his daughter’s campus when he tried to pick her up from school while openly carrying his pistol.
“I think schools being gun free zones is not a wise idea,” Herman said, according to WOOD TV. “I think having law-abiding armed citizens in there provides some measure of protection that isn’t a glass door that can be broken out.”
On Monday, Circuit Judge Archie Hayman ruled in favor of Herman and the gun rights group Michigan Open Carry.
According to Mlive.com, the case was pretty open and shut.
State law prevents people from carrying concealed firearms on school property. However, the law allows individuals with concealed pistol licenses to openly carry their firearms in schools. Herman is a CPL holder.
Hayman ruled that the ability to create local weapons policies is beyond the district’s authority, the Free Press reported.
An attorney for Michigan Open Carry said the case couldn’t have been clearer.
“Mr. Herman was licensed to do what he did under state law. But the school district said, ‘No, we’re going to come up with a policy, a regulation that is more restrictive than state law.’ That, they of course can’t do,” Dean G. Greenblatt, the attorney for Herman and Michigan Open Carry, told the Free Press. “It’s not for unelected library boards or school district boards to make those types of decisions. They don’t have the authority to do it.”
Naturally, the school district thinks it does.
It voted Tuesday night to appeal the decision.
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