Capital Area District Library v. Michigan Open Carry, Inc.

826 N.W.2d 736, 298 Mich. App. 220
CourtMichigan Court of Appeals
DecidedOctober 25, 2012
DocketDocket No. 304582
StatusPublished
Cited by16 cases

This text of 826 N.W.2d 736 (Capital Area District Library v. Michigan Open Carry, Inc.) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Capital Area District Library v. Michigan Open Carry, Inc., 826 N.W.2d 736, 298 Mich. App. 220 (Mich. Ct. App. 2012).

Opinions

BECKERING, J.

This case is about whether district libraries established under the District Library Establishment Act (DLEA), MCL 397.171 et seq., are subject to the same restrictions regarding firearm regulation that apply to public libraries established by local units of government. Flaintiff, the Capital Area District Library (CADL), brought this action for declaratory and injunctive relief, seeking to validate and enforce its ban on firearms on its premises. Defendant, Michigan Open Carry, Inc. (MOC), argues that CADL does not have the power to regulate firearms. Our job is not to determine who has the better moral argument regarding when and where it is appropri[224]*224ate to carry guns. Instead, we are obligated to interpret and apply the law, regardless of whether we personally like the outcome. MCL 123.1102 expressly prohibits local units of government from regulating firearms except as otherwise provided by federal or state law. Our Court has held that, in light of MCL 123.1102, state law completely occupies the field of firearm regulation to the exclusion of local units of government. Mich Coalition for Responsible Gun Owners v Ferndale, 256 Mich App 401, 412-414; 662 NW2d 864 (2003). Although district libraries are not expressly included within the definition of a local unit of government for purposes of MCL 123.1102, because we are dealing with regulation by a quasi-municipal governmental agency in an area that is regulated by the state, we are bound to apply Michigan’s doctrine of field preemption in determining whether a district library is free to regulate firearm possession. Our Supreme Court in People v Llewellyn, 401 Mich 314, 323-324; 257 NW2d 902 (1977), requires that we examine (1) legislative history pertaining to the regulated area, (2) the pervasiveness of the state regulatory scheme in the regulated area, and (3) the nature of the regulated subject matter and whether it demands exclusive state regulation to achieve the uniformity necessary to serve the state’s purpose or interest. Because all three factors support a finding of field preemption, and because we are bound by this Court’s field-preemption analysis in Mich Coalition, we reverse the trial court’s rulings upholding and enforcing CADL’s weapons policy to the extent it regulates firearm possession.

I. BASIC FACTS AND PROCEDURAL HISTORY

CADL is a district library established pursuant to the DLEA and a district-library agreement executed by the city of Lansing and Ingham County on March 10, 1997. [225]*225CADL has branches throughout Ingham County. It is funded by property taxes and state assistance; it also receives distributions of penal fines. Seven members constitute its operating board. Municipalities within the district appoint the board members; however, the board members operate independently of the municipalities. Under the DLEA, the operating board has the authority to adopt bylaws and regulations. CADL’s operating board adopted a code of conduct that contains the following weapons policy, which is the subject of this litigation: “All weapons are banned from Library premises to the fullest extent permitted by law.”

MOC is a Michigan nonprofit corporation. According to MOC, its objectives are to “protect our right to self-defense,” “educate and desensitize the public and members of the law enforcement community about the legality of the open carry of a handgun in public,” “exercise a natural right to self defense using... a handgun,” and “demonstrate to the public at large that gun owners are one of the most lawful segments of society and that they have nothing to fear from the lawful carry of a firearm.” One method MOC uses to accomplish these purposes is to hold “informal gatherings in public places throughout the state while [openly carrying] our handguns.”

On multiple occasions between December 2010 and February 2011, individual members of MOC openly carried guns in CADL’s downtown Lansing branch. One occasion allegedly involved a person carrying a shotgun. Some library patrons and employees were disturbed by the presence of exposed firearms. CADL believes that Michigan law permits it to prohibit the open carrying of firearms on its premises. Accordingly, when a person openly carries a handgun on CADL’s premises, one of CADL’s security guards asks the person to leave. Gen[226]*226erally, the person complies with the security guard’s request. If the person does not comply with the request, a security guard will stay near the person until he or she leaves the library. Initially, CADL’s employees called the Lansing police when a person openly carrying a firearm entered the library. However, the Lansing police refused to remove the person without a court order.

CADL filed suit on February 15, 2011, seeking both a declaratory judgment establishing the validity of its weapons policy and injunctive relief to enforce the policy. The next day, the trial court granted CADL a temporary restraining order. On April 19, 2011, CADL moved the trial court for summary disposition under MCR 2.116(C)(9) (failure to state a valid defense) and (C)(10) (no genuine issue of material fact and entitlement to judgment as a matter of law). CADL argued that (1) its weapons policy is valid because it is within CADL’s authority to adopt the policy and the policy is not preempted by MCL 123.1102 and (2) the open carrying of weapons is brandishing, which is prohibited by MCL 750.234e. MOC opposed the motion, arguing that CADL’s policy is preempted by state law and violates the right to bear arms guaranteed by the United States and Michigan Constitutions. MOC also argued that MCL 750.234e does not prohibit the open carrying of a firearm because openly carrying a firearm is not brandishing.

The court granted summary disposition in favor of CADL under MCR 2.116(C)(9), holding that the DLEA authorized CADL to implement a weapons policy and that MCL 123.1102 does not preempt CADL’s weapons policy. The court declined to determine whether open carrying constitutes illegal brandishing under MCL 750.234e. However, the court suggested that while mere open carrying may not necessarily constitute brandishing, doing so in a library has “an aspect of an intent to make someone [227]*227feel threatened or intimidated.” The next day, the trial court issued a declaratory judgment upholding CADL’s weapons policy as a matter of law. The court also permanently enjoined MOC, its members, their agents, and members of the public from entering CADL buildings or branches while openly carrying a weapon in violation of CADL’s weapons policy.

II. STANDARD OF REVIEW

“Summary disposition under MCR 2.116(C)(9) is proper if a defendant fails to plead a valid defense to a claim.” Village of Dimondale v Grable, 240 Mich App 553, 564; 618 NW2d 23 (2000). We review de novo a trial court’s grant or denial of a motion for summary disposition under MCR 2.116(C)(9). See Slater v Ann Arbor Pub Sch Bd of Ed, 250 Mich App 419, 425; 648 NW2d 205 (2002). “When deciding a motion under MCR 2.116(C)(9), which tests the sufficiency of a defendant’s pleadings, the trial court must accept as true all well-pleaded allegations and properly grants summary disposition where a defendant fails to plead a valid defense to a claim.” Id. “Summary disposition under MCR 2.116(C)(9) is proper when the defendant’s pleadings are so clearly untenable that as a matter of law no factual development could possibly deny the plaintiffs right to recovery.” Id. at 425-426.

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Cite This Page — Counsel Stack

Bluebook (online)
826 N.W.2d 736, 298 Mich. App. 220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/capital-area-district-library-v-michigan-open-carry-inc-michctapp-2012.