“Gun-Free Schools” Policy Available
In our December 22, 2016, edition of School Law Notes, we discussed the Michigan Court of Appeals’ recent decision in Michigan Gun Owners, Inc v Ann Arbor Pub Schs, Docket No. 329632 (December 16, 2016). In that case, the Michigan Court of Appeals held that public schools have the authority to adopt policies regulating, and in certain circumstances prohibiting, firearms possession on school property. Michigan Gun Owners, Inc. has filed an application for leave to appeal that decision with the Michigan Supreme Court. As of the date of this article, the Supreme Court has not decided whether to consider the case.
The Supreme Court may decide to hear the case and may ultimately reverse the Court of Appeals’ decision. It is also possible that the Michigan legislature may enact legislation further refining the rights of individuals to possess firearms on school property. In the meantime, the Court of Appeals’ decision reflects the current state of the law. And, pursuant to that decision, schools may regulate firearms possession.
Recognizing that this issue remains unsettled, several of our retainer clients nevertheless have requested board policies that limit firearms possession to the maximum extent now permitted by law. Thrun Law Firm has developed a model policy and administrative regulations for those retainer clients to consider. If your school is interested in considering or adopting a “Gun-Free Schools” policy, please contact Attorney Robert Dietzel at 517-374-8858 or Attorney Jennifer Starlin at 517-374-8834 for more information.