Ann Arbor Criminal Defense Blog

The recent Michigan Supreme Court in Michigan Gun Owners v. Ann Arbor Public Schools frees school districts to make rules regarding guns on school grounds.

The case involved two school districts, Ann Arbor and Clio, which ban the “open-carry” of guns on school grounds. Both school districts already allowed concealed weapons to the extent the law allowed. The school districts were sued because of this policy.

What is “Open-Carry?”

Michigan is what’s called an open-carry state. This means a person who may possess a firearm can carry that firearm that is out in the open (with lawful intent of course).

Here are several ArborYpsi Law firearms law articles to will help you navigate your Second Amendment rights. Stay safe and know the law to protect yourself and your rights.

Drinking and Your Concealed Pistol License

Drinking and firearms don’t mix. A conviction for the the misdemeanor of carrying a firearm with a blood alcohol content of over .10 will result in revocation of your CPL. Carrying a gun with a BAC of .08 to .10 is also a misdemeanor, and will result in a 3 year suspension of your CPL. Read our full article on the Legal Ins and Outs of Drinking with Guns and how it will effect your CPL.

What If I’m Drunk in My Own Home and There’s a Gun?

The Michigan Supreme Court case of People v. Deroche addressed just this issue. The Court held the laws regarding possession of a firearm while intoxicated don’t quite extend into your own household. You may enjoy drinks in your own home when there is a gun in the home. But make sure the gun is in a safe place out of your immediate reach to avoid legal consequences. Read the ArborYpsi law blog article on People v. Deroche.

The Michigan Supreme Court ruled today that school districts may ban firearms from school grounds.

The Case

This ruling comes from two cases, one involving the Ann Arbor school district and one involving the Clio school district, in Genessee County. Both school districts had a policy banning guns from their premises.

Specifically, the policies do not allow “open-carry” weapons. The policies allowed for concealed weapons, though the law restricts concealed weapons on school grounds to in a car and only when picking up or dropping off your child.

In a somewhat illogical opinion, the Court of Appeals in People v. Mansour ruled that a person with recently-harvested wet marijuana does not have the protections of the Michigan Medical Marijuana Act. The decision makes it impossible for any marijuana grower to legally comply with the MMMA.

What Happened in the Case

The Troy police searched a home belonging to a medical marijuana caregiver. The search revealed 126 marijuana plants and 550 grams of marijuana buds that were drying after being harvested. The search also revealed a firearm.

The Defendant was charged with delivery and manufacture of marijuana in the amount between 20 20 and 200 marijuana plants, one count of delivery or marijuana, and two counts of felony-firearm.

The Michigan Supreme Court released many new criminal law opinions this summer. Here is a snapshot of some of those opinions:

People v. Smith

A plea agreement prohibiting a defendant from running for public office violates public policy and will not be upheld. The case resulted from a state senator’s plea agreement to not run for office while on probation. Read our full article on the case of People v. Smith for more details.

People v. Washington

The Supreme Court ruled the criminal charge of a high-court misdemeanor is really a felony, despite the name. A high-court misdemeanor, punishable by up to two years in prison, may serve as the basis for a felony-firearm convictions. Read ArborYpsi Law’s full article on People v. Washington.

It is against the law in Michigan to drive after huffing if you are “under the influence” or impaired from huffing. It’s not against the law to drive after huffing if you’re not under the influence or impaired by the huffing. However, it is still against the law to huff an inhalant as a drug.

Operating While Intoxicated by Huffing

It is against Michigan law to operate while intoxicated by an intoxicating substance. What’s an intoxicating substance? An intoxicating substance includes the vapors and fumes involved in huffing.

Huffing is the process of inhaling chemicals to get high. Such chemicals include solvent chemicals found in glues, paints, gasses, etc. These are often in industrial products that can be purchased legally. A common inhalant found in driving under influence cases is DFE, which is the chemical in Dust-Off, and otherwise legal aerosol used to remove dust from keyboards and electronics.

A DUI conviction will result in a suspension of your concealed pistol license. A DUI conviction will also prevent you from eligibility for a CPL if you don’t have a CPL already.

How Long is the CPL Suspension for a DUI?

Not all DUI convictions are treated the same for purposes of a CPL suspension.

A conviction for operating while intoxicated is an 8-year CPL suspension.

Watch your driving out there this week. During the next week, the Michigan State Police will focus on writing tickets for failure to yield to an emergency vehicle. This is a misdemeanor in Michigan.

What is Failure to Yield?

The failure to yield law requires drivers to take required actions when seeing certain vehicles with flashing lights on the side of the road. The law applies to police vehicles, ambulances, fire, rescue, and road service vehicles, such as tow trucks and MDOT courtesy vehicles. MCL 257.653a.

What Am I Supposed To Do?

When driving on a road with two or more lanes, you must get over one full lane if possible. If unable to get over into the next lane for reasons of traffic or weather, then you must slow down pass the vehicle with caution.