An Ann Arbor Schools choir concert turned hairy after a family member openly carried a gun into Pioneer High School. In response to the community’s concerns, the school board recently approved a policy declaring school property a “dangerous weapon-free” zone.
Guns In Schools
What Joshua Wade did on Wednesday, March 5, 2015, was perfectly legal. As a concealed pistol license (CPL)) holder, Wade could legally take a gun and ammunition into his sister’s choir concert at Pioneer High School, as long as he did so openly – what gun rights advocates call “open carry.” But his armed presence in the Ann Arbor Schools made some attendees nervous.
Ann Arbor musician Brian DiBlassio started the conversation at the close of the concert. He told M-Live:
“I told everyone I thought they should be aware that while they were at the concert watching their kids that there was someone with a firearm and ammunition and maybe we want to think about that.”
Then he asked parents and attendees if they wanted a gun-free campus. Apparently, the answer was yes. At an Ann Arbor Schools board meeting on March 15, Wade was the only one of the 24 speakers to ask the board to defend the rights of CPL holders to carry weapons on school property.
For the others, it was a safety issue. Leslie DiPietro, an Ann Arbor schools parent, said:
“I don’t feel safe with these vigilantes doing this in our schools,” she said. “I demand a safe school.”
Ann Arbor Schools’ New Policy
After two thoughtful meetings, the Ann Arbor Schools board agreed. On April 15, 2015, the board approved three new policies that prevent anyone but a law enforcement official from bringing a dangerous weapon onto school property. “Dangerous weapon” includes any kind of gun (even a starter pistol), explosive, brass knuckles, or knife over 3 inches long.
If anyone breaks this rule, the Superintendent will declare an emergency. He has the authority to take all legal steps to protect the safety of the school. He (or in the future, she) is authorized to close schools, cancel events, and stop bus routes.
Is It Legal?
Gun advocates rightfully point to the Second Amendment to justify their ability to own guns and carry weapons in public. But the limits on that right are not clear. Unlike the other amendments in the Bill of Rights, the Second Amendment has had virtually no litigation. But there is a Michigan case that says under state law, libraries cannot declare themselves to be gun-free zones. A gun rights organization like Michigan Open Carry could possibly challenge the school’s right to do the same thing.
But because schools are primarily responsible for the safety of their students, they are given wide leeway to regulate what happens on their property. A court could find that the school’s compelling interest in protecting its students outweighs a citizen’s right to carry a weapon, even with a concealed carry permit.
Lisa J. Schmidt is a students’ rights attorney for Schmidt Law Services, PLLC, in Ferndale, Michigan. She represents students in suspension and expulsion hearings, as well as in juvenile court. If you know a student facing trouble at school, contact Schmidt Law Services today for a free consultation.
