Michigan's top court hearing cases over guns, schools

Criminal Law

A gun openly carried by a spectator at a school concert in 2015 has turned into a major legal case as the Michigan Supreme Court considers whether the state's public schools can trump the Legislature and adopt their own restrictions on firearms.

The case from Ann Arbor has been on the court's docket for more than a year. But arguments set for Wednesday are getting extra attention in the wake of a Florida school shooting in February that killed 17.

There's no dispute that Michigan law bars people from possessing a gun inside a weapon-free school zone. But there's a wrinkle: Someone with a concealed pistol permit can enter school property with a gun that's openly holstered.

Though rare, it happened three years ago at a choir concert at Ann Arbor Pioneer High School, scaring teens, staff and spectators. The school board responded by banning all guns, with exceptions for police.

"If a student were to bring a gun into a school, that would be worthy of an expulsion," said Jeanice Kerr Swift, superintendent of Ann Arbor schools. "So why would it be different for other folks? ... What this case is about is local communities having a choice."

Separately, the Clio district, north of Flint, has a similar policy. The Supreme Court is hearing challenges from gun owners in both communities.

Gun-rights advocates argue that local governments, including elected school boards, can't step into an area reserved for the Michigan Legislature under state law. They point to a Lansing-area library whose ban on the open display of guns was struck down by the state appeals court in 2012.

But in Ann Arbor and Clio, another three-judge panel at the appeals court said schools are in a different category and have freedom to further restrict guns. The districts won that round.

Ken Herman, a paramedic and gun-owning parent who sued the Clio district, believes the appeals court got it wrong. In a filing at the Supreme Court, his attorney said schools have a duty to keep students safe, but lawmakers have "chosen to reserve the power to regulate the possession of firearms."

Herman, 36, said he carries a gun for protection wherever it's allowed. He said fears would be eased if more adults educated kids about proper gun ownership.

Related listings

  • Ohio court to decide if ex-player can sue over concussions

    Ohio court to decide if ex-player can sue over concussions

    Criminal Law 04/10/2018

    The Ohio Supreme Court will decide whether the widow of a former University of Notre Dame football player can sue the school and the NCAA over allegations her husband was disabled by concussions from his college career in the 1970s.Steve Schmitz was ...

  • Court to decide if drug use while pregnant is child abuse

    Court to decide if drug use while pregnant is child abuse

    Criminal Law 04/07/2018

    Pennsylvania's highest court will decide whether a woman's use of illegal drugs while pregnant qualifies as child abuse under state law.The Supreme Court recently took up the case of a woman who tested positive for suboxone and marijuana at the time ...

  • Wisconsin Supreme Court primary will leave just two

    Wisconsin Supreme Court primary will leave just two

    Criminal Law 02/11/2018

    The latest battle over the ideological balance of the Wisconsin Supreme Court plays out in the Feb. 20 primary, where one of three candidates will be eliminated a head of a spring election.Partisan politics have weighed heavy over weeks of campaignin...

Grounds for Divorce in Ohio - Sylkatis Law, LLC

A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party

Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party

However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.

Business News

New York & New Jersey Family Law Matters We represent our clients in all types of proceedings that include termination of parental rights. >> read