Clio School District files a motion to dismiss open-carry lawsuit | Michigan Radio

Clio School District files a motion to dismiss open-carry lawsuit

Jul 15, 2015

Credit flickr

Clio Area School District has filled a motion to dismiss a lawsuit challenging its gun policy. 

The lawsuit was filed by Kenneth Herman and Michigan Open Carry. Herman says he was denied entrance to an elementary school to pick up his daughter because he was open-carrying a pistol and has a license. 

The motion filed by the school district says the lawsuit is based on a "dangerous and incorrect presumption that it is appropriate and legal to carry a firearm into school buildings."  

Timothy Mullins is the attorney representing Clio schools. He points out there are many government buildings that are gun-free zones. 

"Why should the people in the courthouse be protected any better than kids in schools?" Mullins asked.

Phillip Hofmeister is the president of Michigan Open Carry. 

He says the arguments the motion makes were similar to those made in a 2012 Michigan Appeals Court ruling, which struck down a Lansing library ban on open-carrying guns.  

"The Court of Appeals didn't buy those arguments then and are probably not going to buy those arguments now," Hofmeister said. 

Mullins says he believes Michigan's education code specifically give schools the ability and obligation to protect students, making Clio's gun-free policy valid. 

State law keeps people from carrying concealed firearms in schools. However, people with concealed pistol licenses can open-carry guns in schools.