Judge: Elementary School Can't Ban Armed Dad

Ruling is a big win for Michigan Open Carry
By Rob Quinn,  Newser Staff
Posted Aug 12, 2015 12:50 AM CDT
Judge: Elementary School Can't Ban Armed Dad
Members of the Michigan Open Carry organization stand together as they wait to enter an Ann Arbor school board meeting earlier this year.   (AP Photo/The Ann Arbor News, Melanie Maxwell)

If Michigan man Kenneth Herman wants to wear a pistol on his hip when he picks his daughter up from elementary school, the school has no right to keep him out, a judge ruled this week. The judge sided with Herman and the Michigan Open Carry group, ruling that since state law allows guns to be carried in schools, the Clio Area School District doesn't have the authority to declare itself a gun-free zone, reports the Detroit Free Press. Herman filed the lawsuit earlier this year after Edgerton Elementary refused to let him in while he was carrying the weapon.

The district superintendent says that despite the ruling, which the district might appeal, school officials will continue to lock down buildings when a gun is spotted because they need to determine the person's intentions. "Whether they can isn't the issue, it's whether they should," the superintendent tells the Flint Journal, saying that although he is an NRA member, he thinks guns have no place in schools and will push for a change in Michigan law. Herman tells WOOD TV8 that he thinks gun-free schools are a bad idea. "I think having law-abiding armed citizens in there provides some measure of protection that isn't a glass door that can be broken out," he says. (Vince Vaughn agrees with him.)

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