A Michigan man who was allegedly assaulted by a gang member in the bathroom of a community college gym is facing a charge himself after he used his gun to ward off the attack.
The two men were both playing basketball in the Mott Community College gym a week ago, and an on-court dispute led to an flagrant foul when the armed citizen headed to the bathroom during a break in the action.
According to prosecutors, the gang members and some of his friends followed the armed citizen and assaulted him; pinning his arms behind his back and punching him in the face multiple times while the gang member recorded it all on his phone.
The victim managed to get his hands in front of him and reached into the pocket of his hoodie, where he was keeping his gun. He allegedly fired one round, striking the gang member. The mob then tried to get the pistol from the victim’s hands, but ran out the bathroom when they realized that a police officer was responding to the scene.
Malik Zamir Henderson is charged with three felonies including gang membership, assault with intent to rob while unarmed and assault with intent to do great bodily harm less than murder. The three felonies carry a combined 55 years
Also charged was the gun owner who prosecutors say was being assaulted at the time of the shooting – Christopher Gill.
The 23-year-old is a legal-concealed carry license owner, is charged with carrying a concealed handgun in a sports arena.
The penalty is a civil infraction that suspends his concealed pistol license for six months and requires forfeiture of his gun if he is found responsible.
It’s good that Gill isn’t facing the possibility of jail time or losing his right to keep and bear arms as a result of acting in lawful self-defense in a place where he’s not allowed to bring his gun. If Genesee County prosecutors offer Gill a plea deal, he might even be able to keep his gun (and his carry license active).
If, on the other hand, Gill lived in New York, he’d be looking at a Class E felony charge and a potential five-year prison sentence for possessing a firearm in a “sensitive place,” even with a valid concealed carry license.
I’d understand if Gill takes a plea deal if one is offered, but personally, I’d like to see him fight the charges on Second Amendment grounds. In Bruen, the Supreme Court said that courts can use analogies to “longstanding” “laws forbidding the carrying of firearms in “sensitive places such as schools and government buildings” to determine whether modern gun control laws are constitutionally permissible. Since then, though we’ve seen a number of judges conclude that bans on carrying in all government buildings is not permissible under the Second Amendment’s guarantees. We have yet to see that same logic applied to higher education facilities, at least as far as I’m aware, but Gill’s case demonstrates that there’s nothing particular “sensitive” in nature about the gym at Mott Community College.
Yes, there’s on campus security, but a general law enforcement presence isn’t enough to establish a location as a “sensitive place.” As the Supreme Court noted in Bruen, “there is no historical basis for New York to effectively declare the island of Manhattan a ‘sensitive place’ simply because it is crowded and protected generally by the New York City Police Department.”
It’s evident that there’s a need to be able to protect oneself on the Mott Community College campus, given the assault on Gill. But as of right now there’s no way to do so, at least not when it comes to using the most popular tool for self-defense in the United States. Sure, Gill could have used his fists and feet to take on the multiple individuals who were assaulting him, but I don’t think that would have worked out well for him.
At worst, Gill’s now going to forfeit his gun and lose his right to carry for six months. Is that a worthwhile trade in exchange for staying alive? I’d say so… but ideally, lawful gun owners wouldn’t have to make that choice to begin with.
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