Judge Hands Down Big Ruling on Dad Who Openly Carried Gun Inside Daughter's 'Gun-Free Zone' School

A Michigan judge has ruled in favor of a father who wanted to open carry inside his daughter's school, despite it being a "gun-free zone."

According to the Detroit Free Press, Kenneth Herman sued a Clio, Michigan, school district, arguing that he was denied access to his daughter's elementary school on multiple occasions when he tried to pick her up from the school because he was openly carrying his pistol.

"I think schools being gun-free zones is not a wise idea," Herman told WOOD-TV. "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."

Image source: WOOD-TV

State law allows people who have concealed carry permits to carry on school property, which ultimately led to Circuit Judge Archie Hayman's decision on Monday. However, Tim Mullins, the school district's attorney, argued that the law also allows school districts to develop policies for the "safety and protection of students," according to the Free Press.

Mullins said he expects the school district will appeal Hayman's decision, as does Michigan Open Carry, the nonprofit that represented Herman.

"If I’m a principal and I’m sitting in my office and I see someone walking up to my building with a gun, what am I supposed to do?" Mullins said. "What they do is declare a lockdown, they call the police. Kids are afraid. Teachers are afraid. Education stops. And then the police come."

"The legislature needs to step up and get the focus on education, and not on some guy who wants to carry a gun in a school," Clio Area School District Superintendent Fletcher Spears said.

Spears is a member of the National Rifle Association and has a concealed carry license himself. He also supports legislation that allows for concealed carry in schools. His issue is with open carry.

"Open carry does not have a place in the schools," he said.

But despite the group's speculation that the school district will appeal, Michigan Open Carry said the judge's ruling is a victory for gun rights activists.

"This was clearly an easy decision for the Judge to make based on the speed of the ruling," the group said in a statement. "We citizens are expected to follow the law. It’s sad a school district with a team of lawyers did everything they could to try and find a way around the law. We are very happy with this verdict and are prepared to defend it in the Court of Appeals if need be."

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