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landmark gun law passed

Michael Mayday

Issue date: 9/18/08 Section: Guide to Hillsdale
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Over the summer, County Circuit Court Judge Michael Smith ordered signs saying "No Guns" removed from the historical Hillsdale County courthouse downtown, clarifying the courthouse's policy.

Visitors can carry a properly licensed concealed weapon into county departments located in the courthouse, but they can't take guns into the court rooms or judges' chambers.

"Michigan hasn't precluded concealed weapons from the courthouse," Judge Smith said. "So I can't keep you from entering the courthouse if you're carrying a concealed weapon. I don't have that authority."

The ban was lifted in June because of the efforts of a local constitutional group known as the Michigan Coalition for the Return of Constitutional Government.

"I'm glad Smith removed it," said Roger Keller, president of the MCRCG. "Either we live in a constitutional government, or we don't."

The MCRCG sent multiple requests asking for the gun ban sign's removal because they claim it intruded on the second amendment. They asked for clarification of a 2001 Michigan Supreme Court ruling regarding weapons in the courthouse.

The ruling states, "It is ordered that weapons are not permitted in any courtroom, office, or other space used for official court business or by judicial employees unless the chief judge or other person designated by the chief judge has given prior approval consistent with the court's written policy."

Other Michigan courthouses enforce security more strictly. For example, Lenawee County courthouse won't even allow a nail file through the door.

"It's ridiculous," Keller said. "You can't enter that courthouse without going through a metal detector. Metal detectors violate our right from a warrantless search and seizure."

Some Hillsdale courthouse employees, however, said they thought more security was needed.

Smith said he's asked the county commissioners repeatedly for a metal detector as a security measure. The commission, however, hasn't procured one.

"With everything happening throughout the country security is becoming more of an issue," Fern VanAken, a courthouse clerk said, adding while she doesn't think there's a problem with guns being allowed, she understands why others are concerned.

"The only form of enforcement was a sign on the door," Smith said. "All I did was take the sign off the front door."
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