Michigan Supreme Court Leaves University Firearm Ban in Place

Michigan’s Supreme Court has upheld University of Michigan’s firearm ban, rejecting a challenge and leaving gun rights advocates disappointed.

At a Glance

Michigan Supreme Court has declined to hear an appeal, upholding University of Michigan’s 2001 gun ban.
The decision follows a 2023 Michigan Court of Appeals ruling that deemed the university a “sensitive place.”
Conservative justices have expressed concern over the Second Amendment implications.
University officials welcome the decision, while challengers consider further action.
The case highlights ongoing national debate over guns on college campuses.

Michigan Supreme Court Rejects Gun Ban Challenge

The Michigan Supreme Court has declined to hear an appeal challenging the University of Michigan’s longstanding firearm ban, effectively upholding the policy. This decision follows a 2023 Michigan Court of Appeals ruling that favored the university’s 2001 gun ban, which prohibits firearms on all university property. The case gained renewed attention following a 2022 U.S. Supreme Court decision that expanded gun rights, prompting a reconsideration of the ban’s constitutionality.

The majority of Michigan Supreme Court justices stated they were “not persuaded that the questions presented should be reviewed by this Court,” allowing the lower court’s decision to stand. This ruling affirms the Appeals Court’s interpretation that the University of Michigan, as a school, qualifies as a “sensitive place” where firearm restrictions are permissible under the Second Amendment.

The University of Michigan’s ban on guns, which applies even to individuals with a permit to carry a concealed weapon, will stand after Michigan’s top court declined to hear an appeal from a man who said the policy violates the Constitution. https://t.co/29gqUIdcla

— The Epoch Times (@EpochTimes) October 22, 2024

Conservative Justices Voice Concerns

Despite the court’s decision, conservative justices David Viviano and Brian Zahra expressed a desire to review the case, criticizing the appeals court’s analysis. Justice Viviano, in his dissent, argued that the ban “raises serious questions concerning the Second Amendment” and emphasized the need for a proper historical analysis of gun restrictions, as outlined in the U.S. Supreme Court’s 2022 Bruen ruling.

The dissenting justices characterized the university’s policy as a “near total ban of firearms on a large section of Ann Arbor,” highlighting the broad scope of the restriction. Their concerns underscore the ongoing debate surrounding the balance between public safety and Second Amendment rights, particularly in educational settings.

University Policy and Legal Reasoning

The University of Michigan’s policy, known as Article X, bans guns on all university property, classifying the campus as a “sensitive place.” This classification was central to the Appeals Court’s decision to uphold the ban. Judges Mark J. Cavanagh and Deborah A. Servitto, who supported the ban, referenced the 2022 U.S. Supreme Court Bruen ruling, which allows gun restrictions in sensitive places.

“We conclude that the University is a school, and thus, a sensitive place. Therefore, Article X is constitutionally permissible because laws forbidding the carrying of firearms in sensitive places are consistent with the Second Amendment,” Judges Mark J. Cavanagh and Deborah A. Servitto said.

The court’s reasoning hinged on the interpretation of “schools” as sensitive places, a concept first introduced by Justice Scalia in the landmark Heller decision. The judges argued that the plain meaning of “school” in 2008 included universities, thus justifying the ban under established precedent.

Implications and Ongoing Debate

The Michigan Supreme Court’s decision to uphold the University of Michigan’s gun ban highlights the ongoing national debate over firearms on college campuses. Currently, 12 states allow permit holders to carry guns on campuses, while 19 states ban the practice outright. This ruling maintains Michigan’s position among states with stricter campus gun policies.

“We are heartened to learn that the state Court of Appeals has, once again, upheld the University of Michigan’s policy that bars weapons from our campuses, with some limited exceptions,” university spokesperson Kim Broekhuizen said.

University officials have welcomed the decision, viewing it as a validation of their efforts to maintain campus safety. However, the case’s challenger and his legal team have expressed disappointment and are considering further actions. As the debate over Second Amendment rights and public safety continues, this ruling is likely to influence similar cases and policy discussions across the nation.