Mich. S. Ct. Declines to Review Decision Upholding U. Michigan Gun Ban
The case is Wade v. Univ. of Mich.; as is common for such denials of review, the majority didn’t offer a detailed opinion, but Justice David Viviano, joined by Justice Brian Zahra, dissented:
In 2001, the University adopted Article X, which bans the possession of firearms on its campus or “any property owned, leased or otherwise controlled” by the University. That prohibition applies to all persons regardless of whether they possess a concealed-carry permit. Plaintiff unsuccessfully applied for a waiver under Article X. The record indicates that plaintiff does not work, reside, or study at the University and has a concealed-carry permit….
[T]he Court of Appeals disregarded the analysis required by the United States Supreme Court for Second Amendment disputes and invented a confusing four-factor test that bears almost no resemblance to the Supreme Court’s test. On remand, the Court of Appeals set forth the following factors for resolving Second Amendment challenges:
1) Courts must first consider whether the Second Amendment presumptively protects the conduct at issue. If not, the inquiry ends and the regulation does not violate the Second Amendment.
2) If the conduct at issue is presumptively protected, courts must then consider whether the regulation at issue involves a traditional “sensitive place.” If so, then it is settled that a prohibition on arms carrying is consistent with the Second Amendment.
3) If the regulation does not involve a traditional “sensitive place,” courts can use historical analogies to determine whether the regulation prohibits the carry of firearms in a new and analogous “sensitive place.” If the regulation involves a new “sensitive place,” then the regulation does not violate the Second Amendment.
4) If the regulation does not involve a sensitive place, then courts must consider whether the government has demonstrated that the regulation is consistent with this Nation’s historical tradition of firearms regulations. This inquiry will often involve reasoning by analogy to consider whether regulations are relevantly similar under the Second Amendment. If the case involves “unprecedented societal concerns or dramatic technological changes,” then a “more nuanced approach” may be required.
The first factor accurately reflects the principle that the Second Amendment presumptively protects a citizen’s right to keep and bear arms. On the basis of this factor, the Court of Appeals concluded that plaintiff is a “law-abiding, adult citizen” who enjoys Second Amendment protection….
Concerning the second factor, the Court of Appeals concluded that the University is a school and a sensitive place and that Article X is constitutional because regulations forbidding the carrying of firearms in sensitive places are consistent with the Second Amendment. The Court of Appeals also stated that courts may only employ historical analogies when a firearm regulation does not have a direct historical precedent….
In Heller, the Supreme Court stated in dicta that its holding did not call into question “longstanding” laws that forbid “the carrying of firearms in sensitive places such as schools and government buildings ….” In Bruen, the Supreme Court expressly declined to “comprehensively define ‘sensitive places,'” although, interestingly, it rejected an approach that would extend the concept across large areas, such as the island of Manhattan. Arguably, the Court of Appeals’ conclusion that the entire campus of the University of Michigan—spanning one-tenth of Ann Arbor—does what Bruen rejected and extends sensitive places across large swaths of territory….
In any event, Bruen mak
Article from Latest
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.