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SUPER LAWYERS AT
MURPHY & SPAGNUOLO
Murphy & Spagnuolo is pleased to announce
that Vincent P. Spagnuolo, has received the title of ‘Michigan Super Lawyer.’ The
Super Lawyer title is awarded to outstanding Michigan attorneys who
have attained a high degree of peer recognition and professional
achievement. Only five percent of the lawyers in Michigan are named
Super Lawyers.
HOW SUPER LAWYERS ARE
SELECTED
The polling, research and selection are
performed by Law & Politics, a division of Key Professional Media,
Inc. Law & Politics has been publishing legal magazines and Super
Lawyers since 1990.
Law & Politics
uses a multi-step selection process that takes approximately nine
months. The foundation of the process is a survey sent to active
lawyers in the state. In addition to the survey, Law & Politics
researches credentials of nominees, directly contacts lawyers and
law firm representatives, verifies data and conducts a good-standing
review of candidates.
Each year Law & Politics sends surveys to more
than 30,000 active Michigan attorneys. The survey asks the lawyers
to nominate the best attorneys they’ve personally worked with or
observed in action. Then, the nominees are grouped into more than
55 practice areas and are evaluated by a blue ribbon panel of
preeminent peers in their practice areas. In making the final
selection, candidates are divided by firm size—large, medium, and
small. From the pool of candidates, only 5 percent of Michigan
attorneys are selected as Michigan Super lawyers.
For more information on all of the firm’s
Attorneys, visit the Attorney profiles on this web-site.
CityPulse, 01-25-2011
»
Page 8
Two Democrats have
opposing views on gun-free zones following incidents at the Capital
Area District Library
In the wake of two men
openly carrying guns in the downtown branch of the Capital Area
District Library, state Rep. Joan Bauer is preparing legislation
that would add public libraries to the short list of facilities that
are exempt from the state’s open carry law.
Bauer, D-Lansing, is in
the process of crafting language that would include public libraries
under Michigan’s pistol-free zones. Libraries would be added to
schools, college dorms or classrooms, casinos, entertainment
facilities that hold more than 2,500 people and taverns.
Also, state Rep. Richard
LeBlanc, D-Westland, has introduced House Bill 4009, which would
repeal the state’s pistol free zones entirely.
A man walked into the
downtown branch on Dec. 11 with a shotgun strapped to his shoulder.
Another entered on Jan. 3 with a handgun holstered to his hip. Both
left after library authorities asked them to do so.
CADL has a policy
prohibiting weapons. The CADL board voted unanimously Jan. 19 to
keep the policy in place, based on advice from the library’s
attorney, Vince Spagnuolo.
The gun-rights group
Michigan Open Carry criticized CADL’s no-weapons policy after the
incidents.
Rule three in CADL’s code
of conduct says: “All weapons are banned from Library premises to
the fullest extent permitted by law.”
The “fullest extent
permitted by law” is the part that stirred Michigan Open Carry
members, said Rob Harris, vice president of the group.
Open Carry contends the
downtown library is not a pistol-free zone because it is not
technically a school, even though school activities are held there
and the building is leased from the Lansing School District.
Harris said he has
contacted attorneys with the city and Ingham County.
“If the county and city
choose to not correct this issue, then it could absolutely go to
court,” Harris said.
CADL Director Lance Werner
also cited the “fullest extent permitted by law” clause. Werner said
the clause protects people carrying a concealed weapon but not those
who openly carry one. The library enforces the policy by asking
anyone visibly carrying a weapon to leave, he said.
“If they refuse to leave
we would call law enforcement,” he said, adding that it would be up
to the police department to deal with the issue.
Harris said some Michigan
Open Carry members plan to attend Feb. 7’s Lansing City Council
meeting to discuss the issue.
— Andy Balaskovitz
Wednesday, January
26,2011
Article from
CityPULSE Newspaper (http://www.lansingcitypulse.com)
Guns, Violence, Politics and
the Right to Bear Arms
by
Andy Balaskovitz

“Do you know what violence is?” George Allen asks me.
Allen and I are sitting in the shotgun shack of the Capital Area
Sportsmen’s League. He has been the league president for 10 years.
A
cash register, refrigerator, coffee pot, tables and chairs decorate
the small room. Deer antlers and a red National Rifle Association
flag hang on the wall.
The
shack is one of a few buildings that sit on about 165 acres in Delta
Township, 1 1/2 miles north of Horrock’s Farm Market on Saginaw
Highway.
“This is violence,” Allen says as he pulls out a fake orange plastic
handgun and points it at my face.
“Now, are you prepared to deal with violence?” he asks.
As
I think about Allen’s question, I look down at my hands because I
don’t have any weapons. I once took a hunter’s safety course in
middle school.
“Are you prepared?” Allen asks again.
“As
best I can,” I reply.
Allen still has the fake gun pointed at me.
“No, you are not,” he said. “Don’t prepare and you’re going to be in
a shit storm.”
Indeed — “Send lawyers, guns and money, the shit has hit the fan,”
Warren Zevon once sang.
The
gun control debate in this country got electric after the shooting
in Tucson Jan. 8 that left six dead — including a federal district
court judge and a 9-year-old girl — and a congresswoman in critical
condition.
Gun
control advocates called for limiting the number of rounds in a clip
or setting minimum distance requirements for carrying guns around
politicians. Gun rights advocates say less regulation and a better
mental health system is more logical.
In
Michigan, a favorable state for gun owners, there is legislation
afoot (crafted by a Democrat) that would eliminate the state’s
gun-free zones. In Lansing, two people recently walked through the
downtown Capital Area District Library openly carrying guns. One had
a shotgun over his shoulder.
But
not everyone has warmed to the idea of being around well-engineered
hunks of steel capable of ending a human in seconds.
And
yet, the gun rights folks are having it their way thanks to a
powerful political lobby, ambiguous gun control demands and the
belief that, well, guns are America.
What
is stopping gun control?
Kenneth Harrow is a professor of English at Michigan State
University and member of the Greater Lansing Network Against War and
Injustice. Harrow said GLNAWI took a mild position on gun control
following the Tucson shooting, calling for things like more money
for mental health or stronger background checks.
“We
were kind of shy as a group,” he said. “I don’t know what that
represents. It shows really how weak the gun control lobby working
against the gun lobby may be.”
But, speaking for himself, Harrow is more candid.
Harrow moved to Michigan from New York City in 1966. He didn’t see
many guns growing up. When he moved to Michigan, he saw the hunting
culture and his perception changed. “I became more receptive to the
idea of people owning guns.” When people were allowed to carry
pistols, Harrow said guns moved from the country into the cities.
“The permission to hunt didn’t exist in a vacuum anymore, and it had
implications for inner cities, like Detroit,” he said. “There needs
to be a balance and we don’t have it. The NRA (National Rifle
Association) has been able to successfully mobilize people and
they’ve created a nightmare.”
And
once you’ve got Harrow started on the NRA … .
“The notion that you can have a semi-automatic weapon that is
relatively easily acquired and fires a lot of rounds of bullets —
the notion that we can do that in our society is totally insane,” he
said. He understands people want to protect themselves, but he
questions the risks in the long run. While owning guns has value
(protection), the costs (more guns) outweigh the benefits, Harrow
says. “Even if I manage to be a great shot and kill an intruder, the
danger of guns to society as a whole is greatly increased,” Harrow
said. “(Self-defense) is a selfish argument. You balance the
individual desire with the greater needs of society. The needs of
society need to prevail.”
And
he calls out Democrats who have bowed to the NRA. “Democrats have
been cowed by a very large group (in the NRA). The NRA is powerful
enough to intimidate politicians,” he said. “Democrats are afraid to
take a position (on gun control). I find that abhorrent.”
Unfortunately, Harrow adds, this is a political issue, even though
he wishes it wasn’t. “It’s too damn bad the Democrats have no
courage on this matter.”
Guns
and mental health
U.S. Rep. Mike Rogers, R-Brighton, appeared on the “City Pulse on
the Air” radio show the week after the Tucson shooting. He was quick
to say that the event was not a result of unfettered gun laws, but
of a failed mental health system.
Bob
Sheehan, executive director of Clinton-Eaton-Ingham Community Mental
Health, said one misconception arises when drawing that conclusion:
that mentally ill people are all violent and need to be closely
watched. “The public has very odd notions of mental illness,” he
said. “People with mental illness are far more likely to be victims
than not.”
Sheehan said it’s wrong to debate whether it’s a gun control problem
or a failed mental health system. “I think that’s a false
dichotomy,” he said. “Most gun violence is done by people who aren’t
mentally ill.”
Sheehan offers three suggestions for making headway in the guns
debate: better access to mental health care, continue the movement
to remove the stigma from mental illness and improving civil
liberties for those with mental illness. “In Ingham County, 700
people at any one time are on court orders for mental health. But
not for diabetes,” Sheehan said. “We as a society are concerned by
people with mental health needs.” And in the end, there simply needs
to be more funding for mental health services. Sheehan says the tax
dollars devoted to mental health is the lowest it’s been in 30
years. “I’m concerned that the common good is eroded when we say
we’d like to take care of the mentally ill but we don’t have the
money,” he said.
Ingham County Medical Examiner Dean Sienko agrees that mental health
services are badly underfunded. As for what happened in Tucson, the
fact that there are millions of guns in America should not be
overlooked. “We can come up with a number of reasons to try and
explain this,” Sienko said. “Vitriolic political talk, underfunding
of mental health. But from my standpoint, when people have such easy
access to firearms we will continue to deal with this.”
Sienko has served 30 years in the Army National Guard. He was
deployed three times: the Persian Gulf War, Kosovo and Iraq in 2003.
“There is certainly something to be said for (the mental health
system),” he said. “But a large number of people can walk into a gun
store, buy an assault weapon with a clip that fires off any number
of rounds in how many seconds. Why do you need that? We’re not
living in combat here in the U.S.”
As
of Jan. 3, the state approved 255,874 Concealed Pistol License (CPL)
permits. That’s about one permit for every 39 people. Nearly 5,000
of them are in Ingham County, while Eaton and Clinton counties
account for about 5,500 licenses.
Between 2005 and 2009, there were 69 homicides in Ingham County.
Thirtyfour of those (49 percent) were from guns. In the same time
period, there were 150 suicides in Ingham County. Fifty eight (38
percent) of those were with guns. The state also tracks crime rates
among concealed weapons permit holders and publishes statistics
annually. In 2008-2009, 1,292 charges were brought against CPL
holders for various crimes. Most of the charges were still pending
at the time of the report (577). About 28 percent (366) led to
convictions, while in 349 cases (27 percent) the charges were
dismissed or the suspect was found not guilty.
How
Michigan stacks up
Michigan has been a “shall-issue” state since 2001 and is one of 37
such states. This means that when applying for a concealed weapons
permit (a permit is required to carry concealed in Michigan), the
state must issue it if certain criteria are met. A “may-issue” state
leaves the ultimate decision up to a granting authority. There are
also three “unrestricted” states, including Arizona, that do not
require a permit for carrying a concealed weapon. Wisconsin,
Illinois and Washington, D.C., are “no-issue” jurisdictions.
In
Michigan, a permit is not required to buy a rifle or shotgun, though
you must be 18 years old and cannot be a convicted felon. For a
Concealed Pistol License, you must be 21, free of mental illness, a
resident in Michigan for at least six months and successfully
complete a training course. You cannot have been dishonorably
discharged from the military or have been convicted of certain
misdemeanors, such as operating a vehicle under the influence. You
also need a permit to buy a handgun if you don’t plan on carrying it
concealed.
Michigan is also an “open carry” state. A permit is not required to
openly carry a firearm in public. However, you do need a concealed
weapons permit to open carry in your car.
Seven states (Texas, Oklahoma, Arkansas, Florida, South Carolina,
New York and Illinois) and the District of Columbia completely
restrict open carry, while the rest of the states have various
levels of regulations.
Trends indicate that nationwide, more states are opening up to
shall-issue and open carry policies.
On
Jan. 13, state Rep. Richard LeBlanc, D-Westland, introduced House
Bill 4009, which proposes to do away with the state’s pistol-free
zones: school property, daycare facilities, a sports arena/stadium
or entertainment facility that holds more than 2,500 people,
taverns, church property, dorms, classrooms and casinos. LeBlanc did
not return calls for comment, but Rep. Mark Meadows, D-East Lansing,
who is the minority vice chairman of the Judiciary Committee, where
the bill was referred, said it would be a substantial change.“I
would probably never vote for it,” he said, adding that similar
bills have surfaced in the past two legislative sessions without
coming up for a hearing. “We had more important things to do.”
Meadows added that the pistol-free zones were “part of the deal that
was cut to liberalize concealed weapons. I have no problem with CCW
provisions, but it’s a deal that was cut and should be honored.”
‘Sheep
and wolves’
The
Capital Area Sportsmen’s League formed in 1935 as the Ingham County
Conservation League. It has about 460 members. All ages are welcome
to practice shooting shotguns, rifles, pistols and bows and arrows.
Allen, the league president, believes there are two kinds of people
in the guns debate: “sheep and wolves.” The sheep are those who
argue peace can only be achieved when guns are eliminated from
society. The wolves use guns to prevent violence, he says. “You’ve
got sheep and you’ve got wolves. You’ve got meat eaters and grass
eaters,” Allen said. “Predators are people who perpetuate the
violence first. And you want to blame that on a gun? Sarah Palin?
Rhetoric?”
Allen says you can’t expect someone else to protect you, even the
police. “If you accept the cliché of the liberal establishment that
guns are bad and you can’t talk about it,” Allen started. He was
getting worked up at the thought of liberals. “This is all crazy
crap. It’s the way you create sheep.”
I
couldn’t help wondering what Allen’s personal firearms collection
looks like.
“How many guns do you own?” I ask Allen.
“Not a good question,” he replied and moved on.
Allen carries weapons like most people carry pocket change, a cell
phone or perhaps a wallet. He is enrolled in a class on using a cane
for self-defense. He walks just fine, but the sharp, pointed handle
on the oak cane could come in useful should something happen on,
say, an airplane. He has a bottle of pepper spray on his key chain
and two knives (a Spider and a Swiss Army) in his pocket. He says he
could pop out my eyes with his thumbs. He prefers his pistol tucked
into his pants above the right front pocket. He’s always prepared
because “when seconds matter, the police are only minutes away.”
Allen is 56 years old. At 18, he spent $32 on a rifle at K-Mart
because his mother never let him have a gun when he was a kid. He
has a sturdy build, close to 6 feet tall. His eyes are stern behind
modern glasses as he answers questions with questions. A few gray
hairs are noticeable in his black flattop. He’s a religious man, and
it shows in his passion for firearms. He tells me why it’s important
to defend oneself.
“If
you believe in a creator, then you have to believe that your life
itself has some tie to that creator. Your gift of life came from
somewhere,” he said. “If you can’t defend your life, you really are
abusing that gift.”
The
gun show
On
Sunday, the state’s traveling gun and knife show was in Flint at
Perani Arena just off Interstate 69. It will be in Lansing Feb.
11-13 and again April 8-10.
Thousands and thousands of weapons. Ruger. Smith and Wesson. A Colt
assault rifle for $1,395. A 12-gauge Remington shotgun with a
28-inch barrel for $550.
Some are modern, while others look medieval. One exhibitor had
swords, morning stars (those clubs with a spiked ball at the end the
size of a softball), sai and nunchuks — the complete Teenage Mutant
Ninja Turtles suite.
Doug Carl owns Sport Shows Promotions and has been putting the event
on for 25 years. He has been in the gun business for 40 and owns
Total Firearms in Mason.
Journalists have to get permission from Carl to do any interviews at
his shows. No cameras are allowed.
“I’m real leery of the liberal media,” he said.
We
talk of Arizona: “He (Jared Loughner) was just an insane idiot. It
doesn’t have anything to do with gun control,” he said. “Anyone
that’s got a suggestion on what gun law would have stopped him, have
them write into your paper.”
We
talk of gun show policies: “We don’t allow any concealed carry. Not
because we don’t trust them but because the insurance company
doesn’t allow it. Safety is our No. 1 concern. Dollars are
secondary. No shortcuts.”
This is one of the smallest gun shows he’s put on, Carl said. He
averages between 47 and 50 a year. On Sunday there were about 120
exhibitors from all over the country. Depending on the size of the
show, Carl gets between 2,000 and 10,000 visitors. At $5 a ticket,
that’s not a bad gig.
Carl lets me interview Al Stark, owner of Al’s Appliance Long Guns
and Hand Guns in Bad Axe. Stark has been an exhibitor at Carl’s gun
shows for nearly 19 years. The gun laws in Michigan are “a bit
tight,” Stark says. And there should be no litigation if you kill an
intruder. “My house, my castle, my family — it’s biblical common
sense,” he said. “We don’t need liberals’ laws trying to take guns.”
To
Stark, guns are as normal as learning to walk and talk. They are the
American way, right up there with religion, kin and killing anyone
or anything that gets in the way. “This country was founded on God,
family, guns and guts,” Stark says.
And
he’s confident of that.
Entertainment Entrepreneurs of the
Year- 1999
The Greater
Lansing Business Monthly magazine awards several businesses each
year in
several
categories. This year, “Three Men and a Tenor” was awarded the
“Entrepreneurs
of the Year”
in the Entertainment category. The winners were selected from 70-80
total
entrants for
all categories. The award helps lend some credibility to the behind
the scenes
business
decisions of TMNT. The group wishes to acknowledge some very
important
people who
have assisted in their business guidance; those who also deserve
credit for the
award:
Dr. Gordon
Guyer Michigan State University President Emeritus
Mike
McLemore The Sound Doctor
Marsha
Lyttle Management Resources Alternatives
Gary Bender
Murphy and Spagnoulo, P.C. Law Firm
The
Arhangelos’ Kolossos Printing
Sherry
Miller Vocal Training and Stress Management
Bo & Nia
Noles Capital Imaging
Harvey
LeBeau Michigan National Bank
Roger Grove
Mariner Financial Services
J.D. Small
J.D. Small Photo Studios of Okemos
Brian
Kavanagh Slick Shirts of Lansing
Chris Holman
WJIM-AM 1240
Scott Moore
WJIM-AM 1240
Eric Wing
Lighthouse Recording Studio
Bill Drake
Michigan State University
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