SB 112 a pistol carry mixed bag...

[ezkl2230]

On January 30, Sen. Green introduced SB 112 to address concealed carry on school property. It has been sent to the State Senate Judiciary Committee. This is what it says:

(i) AN INDIVIDUAL LICENSED UNDER THIS ACT TO CARRY A CONCEALED
PISTOL MAY CARRY A CONCEALED PISTOL IN A SCHOOL OR ON SCHOOL
PROPERTY IF THE CHIEF EXECUTIVE OFFICER OR SCHOOL BOARD OF THE
SCHOOL HAS AUTHORIZED THE CARRYING OF CONCEALED PISTOLS IN THAT
SCHOOL OR ON THAT SCHOOL PROPERTY BY INDIVIDUALS OR EMPLOYEES
LICENSED UNDER THIS ACT, AS DETERMINED BY THE CHIEF EXECUTIVE
OFFICER OR SCHOOL BOARD OF THE SCHOOL. A CHIEF EXECUTIVE OFFICER OR
SCHOOL BOARD SHALL NOT DISCHARGE, DEMOTE, SUSPEND, THREATEN,
HARASS, OR IN ANY OTHER MANNER DISCRIMINATE AGAINST A TEACHER,
ADMINISTRATOR, OR OTHER EMPLOYEE IN THE TERMS AND CONDITIONS OF
EMPLOYMENT BECAUSE THE EMPLOYEE CARRIES A CONCEALED PISTOL UNDER
THIS SUBPARAGRAPH.

This is what it does:

• It gives Gov. Snyder some of what he wanted. Gov. Snyder wanted schools to have "...clear legal authority to ban firearms on their premises if they see fit to do so." That would have been ALL firearms carry - OC (which is currently legal on school property with a CPL) AND CC. SB 112 gives the school supt./emergency manager or school board the authority to ban concealed carry by both school employees and everybody else.
• It appears to give the school supt./emergency manager the authority to override the school board if the board elects to allow CC but the "Chief Executive Officer" disagrees with that decision.
• It appears to give the "chief executive officer" of the district the authority to unilaterally ban concealed carry without even taking it to the board in the first place.
• For those school districts that choose to allow concealed carry, SB 112 gives teachers the right to CC without fearing for their job. This pre-empts a current state law that permits all employers, including public employers, the right to ban all carry on the job.

What is does NOT do:

• In its final form (which Snyder promised to sign), SB 59 would have done away with OC in a pfz completely. Snyder demanded that in exchange for his promise to sign the bill (a promise which, of course, he broke - probably a good thing in the long run). SB 112 preserves the right to OC on school property with a CPL; it only addresses concealed carry.
• SB 112 does NOT protect the right of a teacher to OC on school property with a CPL; the district can still, under current law, prohibit OC by an employee. A teacher electing to OC is still in danger of losing their job.

I am still fighting for the right to carry in a school zone. Period. Actually, I am still fighting for Constitutional Carry, but this is what we have to work with at the moment. Your thoughts on this bill? And remember - just voicing your opinion HERE doesn't accomplish much. We have to let the folks in LANSING know what we think as well.

 

[ezkl2230]

I received the following response from Sen. Green's office today:

SB 60 does not confer on the CEO of a school the authority to override a school board or to enact policies regarding licensed carry of a firearm more strict than state law, plain and simple. Concealed carry would be banned under state law. The provision explicitly allows a board or CEO to opt-in, not opt-out as the governor proposed.

If a superintendent defies the wishes of a school board…well, as a former member of a board, I can tell that is up to the board to deal with. But this bill doesn’t provide either of them with authority to undermine preemption. It is just one step.

Ryan