School District Challenging Michigan Open Carry Law

Photo from the Detroit Free Press.

A school district in Michigan is appealing a judge's ruling that says a father can openly carry his pistol inside his daughter's elementary school.

On Monday, Circuit Judge Archie Hayman ruled in favor of Kenneth Herman and the gun-rights advocacy grouped Michigan Open Carry, according to this story from The Detroit Free Press.

Herman filed a lawsuit in March against the Clio school district, saying he was denied access to Edgerton Elementary school multiple times when trying to pick up his daughter, because he was openly carrying a handgun.

In Michigan, the law allows people with CCW permits to carry openly in schools.

But an attorney for the district argues that state law also allows school districts to establish policies regarding the "safety and protection of students."

"The ruling today does not come as a surprise—the law is the law," Herman told the Flint Journal after the judge made his decision.

Herman said he hopes the district will now "stop burning through tax dollars fighting the law and common sense."

"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, Herman's attorney, told the Free Press.

Fletcher Spears, the district superintendent, said he understands the ruling, but while he is a lifetime member of the NRA and a holder of a CCW permit, he has strong feelings about the presence of guns in schools. He said he does support legislation that was recently vetoed by Gov. Rick Snyder that would allow concealed weapons in schools.

"Open carry does not have a place in schools," Spears said.