Constitutional rights that should be enjoyed by law-abiding University of Michigan students were dealt a severe blow Friday when the state Supreme Court turned down an appeal of the campus ban on concealed carry.
The sprawling 3,200-acre campus nestled in picturesque Ann Arbor will remain a massive gun-free zone after the high court setback.
The 4-2 state court decision upheld the institution’s gun ban, which was enacted in 2001. Second Amendment advocates sought a new ruling on the prohibition after recent decisions by the U.S. Supreme Court which reestablished traditional gun rights.
Two of the state high court’s jurists argued for taking up the case involving a “near total ban of firearms” in much of the city. However, they were outnumbered, and the majority declined to consider the appeal.
Their determination claimed that “the efficacy of gun bans as a public safety measure is a matter of debate. However, because the university is a school, and thus a sensitive place, it is up to the policymaker — the university in this case — to determine how to address that public safety concern.”
The state high court’s decision followed the landmark 2022 Bruen ruling handed down by the U.S. Supreme Court. By a 6-3 majority, justices allowed that “sensitive places” are legal and may include schools.
However, they rejected the right of local governments to classify massive tracts of land as such locations on the grounds that such a designation would broadly infringe on Second Amendment rights.
The Michigan Supreme Court was bound by the Bruen decision to determine whether the 2001 campus gun ban implicates the Second Amendment. Since that is obviously the case, it should have weighed whether the restriction aligned with the nation’s history and tradition of firearm regulations.
Instead, the appellate court mysteriously formulated a new test based on “sensitive places” being beyond Bruen’s reach. This was hardly the intent of the U.S. Supreme Court and begs for a higher review.
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