Judge dismisses gun board lawsuit
6/20/01
J-ad Graphics News Service


Saying that the Circuit Court of Barry County has no authority to review decisions of the Concealed Weapons Board, Judge James Fisher last Tuesday dismissed a lawsuit against that board, filed last February by a Yankee Springs Township man.

David Stevens had charged that the board violated his constitutional and civil rights when it voted Feb. 20 to deny his request for an upgrade from a restricted hunting and target permit to a general permit.

Named individually in the original complaint were Barry County Sheriff Steve DeBoer, Michigan State Police Commander Greg Krusinga and Barry County Prosecutor Gordon Shane McNeill.

Stevens later amended his complaint to instead name the Barry County Gun Board rather than Krusinga, McNeill and DeBoer after he learned that the board was not immune from legal action, he said.

Stevens, who said he wanted the permit for self defense purposes, claimed in his complaint that the denial violated the Michigan Constitution, the United States constitutional right to bear arms and the Civil Rights Act.

"There is no right to carry a concealed weapon," cited Fisher in his June 5 opinion and order granting summary disposition (dismissal) of Steven's complaint. "Plaintiff's claim that his due process rights have been denied is also without merit. Since there is no protected property or liberty interest alleged, denial of the permit in question does not involve denial of any due process interests."

Fisher also stated that Stevens' equal protection case "fails on its face" because it does not allege disparate treatment of similarly situated individuals.

"Plaintiff's complaint fails to state a claim for which the court may grant relief, and therefore defendants are granted summary disposition...," Fisher concluded.

Acting as his own attorney, Stevens had tried to have Fisher disqualified from hearing the case, claiming that he was "personally biased or prejudiced against David Stevens representing himself."

Stevens also claimed that Fisher was biased because had signed a petition aimed at blocking a new state-wide "shall carry" concealed weapons law from taking effect July 1.

Fisher later denied Stevens' motion seeking his disqualification.

Meanwhile, the Michigan Court of Appeals ruled on Thursday, May 17, that the "shall carry" law known as PA381 of 2000 is subject to a referendum which blocks the law from going into effect on July 1, 2001, and places the issue on the November 2002 ballot to be decided by the voters.

Gun advocacy groups subsequently filed an appeal to the Michigan Supreme Court, which now plans to hear arguments in the case June 13.

"If the Supreme Court agrees with the Court of Appeals, the law will not go into effect on July 1," states a Michigan State Police memo to district commanders. "The law will subsequently be delayed and the issue will then be placed on the ballot during general elections in November 2002 for the people to cast their deciding vote."

If the voters vote against the bill, said Smith, the law does not go into effect. If the voters vote for the bill, the new law will go into effect after the election.

If the Supreme Court overturns the Court of Appeals decision, the law will go into effect on July 1, 2001, as originally intended.

"Because of the uncertainty of the outcome at this time, we will continue to move forward with efforts preparing for the possible implementation of the law for July 1, 2001," states the memo, "short of mass-producing or sending out any materials."