Pages

Sunday, April 19, 2015

Open Firearms Carry On Michigan School Properties...

There is growing debate regarding our right in Michigan to openly carry firearms on school property when in possession of a concealed pistol license.
There shouldn't be.
Michigan's law is very clear: open carry onto school property by one holding a concealed pistol license is expressly protected (note that I do not say "permitted - it is a RIGHT, not a privilege), and the federal Gun Free School Zones Act (18 USC 922) also contains a specific exemption for concealed pistol license holders: 
"B) Subparagraph (A) does not apply to the possession of a firearm—
[…] (ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;"
For further discussion of Michigan's law, I refer you to MSP legal update 86, which states, 
"The above section does not apply to any of the following:
[…]  A person with a valid concealed pistol license (CPL) issued by any state "
https://www.michigan.gov/documents/msp/MSP_Legal_Update_No._86_2_336854_7.pdf
That public schools are government entities and therefore subject to Michigan's firearms pre-emption law is clearly established under both federal and state laws and guidelines.
Under IRS definitions, public schools are "instrumentalities," agencies (branches) of governments: 
"An instrumentality is an organization created by or pursuant to state statute and operated for public purposes. Generally, an instrumentality performs governmental functions… 
In Revenue Ruling 57-128, the IRS addressed the question of whether an organization is wholly-owned by one or more states or political subdivisions. In making this determination, the following factors are taken into consideration:
  • Whether it is used for a governmental purpose and performs a governmental function
  • Whether performance of its function is on behalf of one or more states or political subdivisions
  • Whether there are any private interests involved, or whether the states or political subdivisions involved have the powers and interests of an owner
  • Whether control and supervision of the organizations is vested in public authority or authorities
  • Whether express or implied statutory or other authority is necessary for its creation and/or use of the instrumentality, and whether such authority exists
  • The degree of financial autonomy and the source of operating expenses"
According to census.gov, with only a few exceptions, school districts are counted as government entities.

Under MCL 380.501, "A public school academy is a body corporate and is a governmental agency."

Under MCL 380.1311d, "...the strict discipline academy corporation is a governmental entity."

MCL 380.552"...the school of excellence is a governmental entity."

In Michigan, school districts have the power of taxation through the levy of property taxes, making them government subdivisions.

By all objective measures, school districts in Michigan are local units of government and are covered under MCL 123.1102,
"A local unit of government shall not impose special taxation on, enact or enforce any ordinance or regulation pertaining to, or regulate in any other manner the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms, except as otherwise provided by federal law or a law of this state."
Schools are trying to have it both ways.  On the one hand, they claim NOT to be government agencies for purposes of avoiding Michigan’s pre-emption law, yet they claim the protection they believe their status as government subdivisions affords them in immunity from prosecution.

They can’t have it both ways.  Their appeal to immunity means they truly recognize their status as local units of government.


Assuming their status as local units of government grants them immunity from prosecution, this argument holds up only in so far as the policies and actions of the government agency are lawful. Government immunity does not provide blanket immunity against unlawful policies or activities; policies that violate Michigan's pre-emption law are clearly illegal, therefore invalidating any claim to immunity.

Saturday, April 18, 2015

Open Letter To Michigan State Legislators Re: Proposed Homeschool Registry…. And A Call To Action….

To Our Honorable State Legislators in Lansing,

One woman who, incidentally, home schooled her children while torturing and eventually killing them, and suddenly we have a legislator calling for an tracking system for ALL homeschool families. One woman out of the thousands in Michigan who home school their children without incident and with honor.

No. I am asking you to OPPOSE any such efforts to create such a registry.

This knee jerk reaction in which something bad happens and we suddenly feel the need to create even more laws needs to end. "Hard cases make bad law."


Sincerely,

If you are reading this and are a supporter of homeschooling in Michigan, please take a moment to do two things:

First, copy and paste the letter above into an email, or fax and send it to your legislators in Lansing.  You can find their contact information by clicking on the link at the right side of the page.

Second, be sure to copy this letter to Rep. Stephanie Chang, the author of this proposed legislation, to let her know you OPPOSE the creation of such a registry: stephaniechang@house.mi.gov.

Fight For $15….

I'm going to be blunt.

I see all these unmarried kids complaining that they can't support their kids on McDonald's wages, trying to turn minimum wage jobs into careers, and demanding the kind of wage usually reserved for someone who has finished college or trade school. 

We warned you about keeping it zipped and waiting to have kids until you were GAINFULLY employed and married. We warned you that YOUR CHOICES would put you EXACTLY where you find yourselves now - flipping burgers at McDonalds. 

Now you want to lay a guilt trip on us about not being able to support the children YOU BROUGHT INTO THIS WORLD as a result of those bad choices. 

You were warned, but you knew better than we did. 

How's that working for you?


Wednesday, April 15, 2015

Yom HaShoah, Holocaust Remembrance Day 2015

Yom HaShoah, Holocaust Remembrance Day 2015, begins at sundown Wednesday, April 15, 2016, and ends at sundown Thursday, April 16, 2015.

In remembrance of six million Jews exterminated by the Nazis.

Never Forget.

Never Again.


Sunday, April 12, 2015

I SUPPORT ISRAEL!

I received the following remark in response to a recent Facebook posting: "Profile picture is offensice [sic]. Remove it or be reported ok!" Yes, the person who posted that is muslim. 

My response? "Report me. I do not apologize for my support of Israel..."


I have a challenge for you: if you are an American who stands with Israel, post this photo as your Facebook or Twitter profile pic.  Let's send a strong message to those among us who are working toward the destruction of Israel that, while our administration may not support Israel, AMERICANS DO!  

The words of Yahweh to the patriarch, Abraham: 
"I will bless those who bless you, and him who dishonors you I will curse, and in you all the families of the earth shall be blessed,” Genesis 12:3, 
and, 
"...through Isaac shall your offspring be named," Genesis 21:12.



Friday, April 10, 2015

EPA "Green" Agenda To Force Rolling Blackouts In Michigan….

Michigan will face rolling blackouts after coal-fired power plants are shut down, possibly as soon as this summer, almost certainly by next summer.  Funny, the last time I faced rolling blackouts, I was living and studying in Peru, SA.  Last I checked, the United States isn't a third world country, yet the federal government is forcing us to act like one in order to further an environmental agenda that has been thoroughly de-bunked.  

Rather than asking if Michigan's power market should be opened up to competition (which should never have been ruled out in the first place), as one media outlet has done, we should be asking why our elected officials aren't doing more to reign in an out of control EPA.

The EPA certainly hasn't taken into account that there are people out here with bona fide health issues/machines that require access to electricity.

Get to work, legislators. Reign in the EPA. NOW.


And Michigan State legislators, it is time to nullify the power of the EPA to shut down OUR power plants, as other States have done to nullify other federal dictates that intrude on our Tenth Amendment rights as States.  The Tenth Amendment exists for a reason, and it is past time to exercise your rightful, Constitutionally enumerated powers to nullify the dictates of the EPA.