Judge Rules In Favor Of Father Who Open-Carried At Daughter’s ‘Gun-Free Zone’ School

A Grand Rapids, Michigan, father brings home a win for gun owners everywhere after his actions caused a judge to rule that parents should be allowed to open-carry at their child’s school.

Kenneth Herman wanted to pick up his daughter from school, but he also wanted to have the means to protect her. So the father legally open-carried inside the “gun-free zone” and sparked a debate that ultimately lead to a lawsuit.

Herman had a concealed carry permit, which allows him to legally open-carry on school premises. However, the elementary school adamantly opposed the breech in the “gun-free zone” and quickly called upon their lawyers to circumvent the law.

“I think schools being gun-free zones is not a wise idea,” said Herman. “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.”

“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?” said Tim Mullins, the school district’s attorney. “What they do is declare a lockdown, they call the police. Kids are afraid. Teachers are afraid. Education stops. And then the police come.”

Rockford Public School Superintendent Dr. Mike Shibler scoffed at the idea of arming up inside a school.

“Why would you want to bring a gun into school? What is the purpose of that? It makes absolutely no sense,” said Shibler.

Clearly Shibler hasn’t heard of Virginia Tech, Sandy Hook, Columbine or any other of the major school shootings that have littered American history, and clearly he has unwavering faith in their “gun free zone.”

But despite the viewpoints of the school administrators and their lawyers, Circuit Judge Archie Hayman upheld the law by ruling that Herman was allowed to open-carry at his daughter’s school.

Michigan Open Carry, the nonprofit group that represented Herman, fully expects the school district to appeal the decision and are prepared to continue the fight if need be.

“This was clearly an easy decision for the judge to make based on the speed of the ruling,” said Michigan Open Carry. “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.”

(This article was submitted by freelance writer Brent Rogers)

About the author: S.H. Blannelberry is the News Editor of GunsAmerica.

{ 25 comments… add one }
  • ejharb October 10, 2017, 10:16 am

    What do you do? You watch the guy without him seeing you and if he tries to draw his weapon you stop him with yours.if he doesn’t pose a threat you go back to your day.
    We guard everything but our children with weapons! What is wrong with that picture????

  • loupgarous September 5, 2016, 9:21 pm

    “However, the elementary school adamantly opposed the breech in the “gun-free zone”… ”

    So they would have been good with a muzzle-loading firearm?

  • Bill February 19, 2016, 8:53 pm

    I just keep reading and smiling and de-capping today’s haul from the range.

    Pretty good day today … close to 1,000 … would have been much better but the steel bays never emptied until it was too dark to collect brass.

    Oh well, there is always tomorrow morning early. 😉

  • Chris Baker January 9, 2016, 12:23 pm

    After reading all the comments, duh, I wrote my first comment before doing that, oops. I do seem to wonder why so many follow these illegal and unconstitutional laws. Any law that says you have to ask permission to carry, or tells you how or where you can carry is unconstitutional on the face of it. How does having to ask permission jibe with “shall not be infringed”?

    What I suggest is a lovely little ditty originating with the left and I call it “Don’t ask, Don’t tell”. Decide for yourself if you want to obey an unconstitutional law and risk you or your family dying because you have no way to defend yourself or if you would rather be in a court of law afterward instead of the morgue.

    • loupgarous September 5, 2016, 9:28 pm

      Here in Mississippi, had the man gotten an “enhanced” CCW permit, he’d have been clear and free. Enhanced concealed carry in Mississippi allows permit holders to carry in most “gun free” zones (the exceptions being police stations, jails, Federal installations (where Federal law supersedes state law), and “places of nuisance” – basically, cockfighting dens, bars where dope or sex are sold, and other low dives.

  • Chris Baker January 9, 2016, 12:11 pm

    ““Why would you want to bring a gun into school? What is the purpose of that? It makes absolutely no sense,” said Shibler.”

    You are absolutely right Shibler, why would anyone want to go to a school where no guns are allowed and kill as many kids and teachers as they could with a gun or guns? It makes absolutely no sense. Next time someone enters your gun free zone and starts shooting you better get busy and call your lawyer before the killer gets to you. Either that or hope really hard that someone besides the crazy person disregarded your stupid rule.

    There are none so blind as those who will not see and none so deaf as those who will not listen, and none so stupid as those who refuse to think. Or as another person said “Stupid is as stupid does”. Shibler apparently fits this description to a “T”.

    • Huapakechi January 26, 2018, 10:17 am

      Apparently, reading established law is not a consideration at that “puublik skuul”.
      Citing the article: “Herman had a concealed carry permit, which allows him to legally open-carry on school premises.”

  • captain August 18, 2015, 3:59 pm

    Obama can’t take these guns!



  • William Harrington August 17, 2015, 9:03 pm

    Teachers are graduates of colleges. Most if not all of the instructors in these colleges are the product of many years of gradual infiltration of liberals who espouse all manner of socialism. Communist Russia, through the KGB, has since the 1930’s, been inserted into the school and college administration with the intent to influence and direct policy which will feed students the socialistic ideas that permeate this country. A major component of these teachings is to build an ‘anti-gun’ belief in students who then go out to teach and apply more of the same. These teachings are intended to remove guns from the hands of the citizens as the primary step to takeover of the country. This is the way that the dictators, Hitler, Stalin, Castro and many others gained power before initiating violent overthrow of the now defunct and powerless government and its citizens. Socialism, Nazism, Communism, Marxism are only names for dictatorship and subjugation of citizens, Again the first step in the process is to remove the means of resistance from the citizens which means confiscating their guns.

  • captain August 17, 2015, 5:58 pm

    “parents should be allowed to open-carry at their child’s school.”
    I realize you’re a victim of the current “education” system that spends more money on lawyers than on teachers, but you are now ostensibly a professional writer. Stop pandering to the whingeing *sexuals  and make your genders and numbers agree.  I doubt that all the parents at that school have only one child among them!  ;-p. Try, “Their children’s school.”  And if it’s one parent, then try, “His child’s school,” (If you must pander to the *sexuals, then use, “Its child’s school,” since they like to scream rape and murder when we use the perfectly acceptable, “His.”)

    Thankfully, each parent at this Michigan school has had his rights upheld by the judge. Sadly, “Teaching” may stop, but learning never does.  It seems to me that the overriding “education” in Michigan is the lesson of FEAR, in spades.  Fear is the opposite of Love.  Way to go, people…  🙁

  • BRASS August 17, 2015, 5:44 pm

    I have never been in favor of the ‘Concealed Carry’ badges that some wear and never saw a legitimate purpose for one until maybe, I say maybe, now. Cops don’t like them, they have no legal impact and generally it makes no sense for a concealed carry to advertise they are in fact carrying.
    However, in the case of a school located where law says concealed carry permittees can open carry on school property, maybe conspicuously wearing one would help school officials and others recognize U are not a danger. Possibly the schools could issue their own badges given only to parents and others approved by them to avoid non-parents, strangers, etc., from self identifying as a parent authorized. Maybe something like that could be thought out and developed to provide a compromise solution.

    • Bill February 19, 2016, 8:47 pm

      Maybe there is no need for a compromise.

      Parent right. School wrong. Judge says so.

      What compromise?

    • Huapakechi January 26, 2018, 10:22 am

      ***Maybe something like that could be thought out and developed to provide a compromise solution.***

      Negotiating and compromising with liberals is incremental surrender.

  • Thumper August 17, 2015, 4:08 pm

    If this man has the right to open carry in a gun free zone, has he the right to conceal carry in a gun free zone?Why wouldn’t he do that? He open carried to make a point and he certainly did. Had he conceal carried he would have provided the same protection to his daughter without all the bother. He made his point but there was no need to make the point. Good for the courts to uphold the law but bad on the guy who unnecessarily caused the need for the court decision.

    • taxxmann August 17, 2015, 10:07 pm

      Thumper I live in Michigan and you can’t carry concealed in a school even with a cpl. You can open carry in the building only with a cpl. No cpl no carry inside period.

      • Chris Baker January 9, 2016, 12:15 pm

        On the other hand, if it’s properly concealed, no one will even know that you have it unless a crazy comes in and starts killing people and you put him down.

  • Bob C August 17, 2015, 3:51 pm

    I wonder how much money that school district wasted? The money those idiots spent paying the leech (lawyer) could have been spent on what they taxed their “subjects” for. Like maybe for education or for some qualified teachers. The local residents should be mighty upset – or maybe they should demand the expense should be reimbursed by the “administrator” who felt no obligation to abide by State Law. Hire idiots to teach our children and God help the future of this country.

  • James Tibbetts August 17, 2015, 3:26 pm

    Anyone besides me notice that all of the mass shootings occur in “Gun Free” zone. Why not just paint a target on these zones? My wife teaches and I wish that we lived in a state that allows its teachers to carry, because it is true, the only thing that can stop a bad man with a gun is a good man with a gun.

  • Morris Williams August 17, 2015, 12:53 pm

    The idea of “gun free zones” is the most stupid idea there is. People wanting to do bad things will not obey the signs, and that leaves everyone there unprotected.

  • Jimmy Abshire August 17, 2015, 12:07 pm

    I wouldn’t like to open carry because it draws the wrong kind of attention, but it isn’t remotely close to the stupidity of gun free zones.

  • RAM 6 August 17, 2015, 9:40 am

    “Rockford Public School Superintendent Dr. Mike Shibler scoffed at the idea of arming up inside a school.
    “Why would you want to bring a gun into school? What is the purpose of that? It makes absolutely no sense,” said Shibler.”

    This is the mind set of academia. They live in their own little protected world except when they don’t , like at Sandy Hook, or VA Tech, Northern Illinois University or Colombine or any number of other schools where scum have opened fire in a “gun free zone” with no protection around. I’m glad the court recognized that a school, being a state entity, isn’t allowed to circumvent state law with a sign. It’s amazing how totally ignorant the “educated” in our society can be, especially in positions of authority within the education establishment. Remember GUN FREE ZONE=TARGET RICH ENVIRONMENT!!!

  • jim August 17, 2015, 8:51 am

    Of course the school board, the bastion of supreme liberal lib-tard thought would want the law over turned. After all it’s so much better to have a raving loon walk in with concealed guns.

  • George August 13, 2015, 11:56 am

    Our mistake has been letting teachers out of the classroom and into administration. Schools should be run by business grads. Teachers live in their own little worlds and rarely see the big picture.

    • DRAINO August 14, 2015, 9:10 am

      While I understand your point, I have to slightly disagree. I have never found that obtaining or having a business degree gives you any more brains than an ice cube…..and I have worked with/supervised numerous people with degrees….that aren’t worth a hill of beans. Common sense is the elusive trait that is needed to be successful….at anything. Managing a school isn’t rocket science….but I agree that managing it as a business in certain ways would definitely improve how they operate/run.

  • DRAINO August 13, 2015, 9:47 am

    He Shoots(figuratively), He Scores!!! Excellent! Very interesting story. One thing I like about Georgia is that it’s no longer called or considered a “concealed” carry permit. It’s just a Carry permit. You decide how to carry. I will definitely pay attention to the signs posted at places I frequent. If it says “no CCW”, then untuck, right? Hmmmmm….???! I like the idea but can we say”turd in a punch bowl” ?

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