Capital Area District Library v. Michigan Open Carry, Inc.
298 Mich. App. 220
| Mich. Ct. App. | 2012Background
- CADL is a district library established under the District Library Establishment Act and governed by a district-library board with broad regulatory authority.
- CADL adopted a weapons policy banning all weapons on library premises, triggered by open carry incidents at its downtown branch.
- MOC members openly carried firearms at CADL; CADL sought to enforce its policy citing state law authorizing library regulation.
- Trial court granted CADL summary disposition and permanently enjoined open carrying in CADL; court declined to decide if open carry equates to brandishing.
- Court held MCL 123.1102 field-preempts CADL’s policy, applying Llewellyn factors to determine if state occupies the field of firearm regulation.
- Majority concluded district libraries, though not single-local-unit governments, are preempted; field preemption defeats CADL’s weapons policy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority of CADL to regulate firearms under DLEA | CADL may regulate under DLEA powers. | DLEA does not override field preemption by state gun laws. | CADL authority affirmed; regulation permitted under DLEA. |
| Whether MCL 123.1102 preempts CADL's weapons policy | No field preemption; CADL can regulate on its premises. | State occupies field; local restrictions prohibited. | Field preemption applies; CADL’s policy preempted. |
| Application of Llewellyn field-preemption factors to district libraries | Llewellyn factors do not support preemption here. | Factors show state occupies field and requires uniform regulation. | Factors support state field preemption over CADL. |
| Impact on injunctive relief and trial court ruling | Policy compliance justifies injunctive relief. | Preemption invalidates policy; injunctive relief improper. | Trial court abuse of discretion; relief vacated due to preemption. |
Key Cases Cited
- Mich Coalition for Responsible Gun Owners v Ferndale, 256 Mich App 401 (Mich. App. 2003) (field preemption recognized; state occupies firearm-regulation field)
- People v Llewellyn, 401 Mich 314 (Mich. 1977) (establishes Llewellyn four-factor field-preemption test)
- Jackson Dist Library v Jackson Co, 428 Mich 371 (Mich. 1987) (district libraries as quasi-municipal; taxation authority; governance context)
- Herrick Dist Library v Library of Mich, 293 Mich App 571 (Mich. App. 2011) (district libraries are public libraries; governance under DLEA)