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Clio — A Michigan school district wants a lawsuit dismissed that was brought by a man who openly carried his pistol to an elementary school.

The Flint Journal reports Clio Area Schools filed a motion asking a Genesee County judge to dismiss the lawsuit filed by Kenneth Herman and gun rights advocacy group Michigan Open Carry.

The district says the case is based on a “fundamental misunderstanding” of Michigan law. A hearing is Aug. 10.

Herman sued in March, saying he was denied access to Edgerton Elementary multiple times while attempting to pick up his daughter because he was openly carrying a pistol. State law allows people with concealed pistol licenses to openly carry their firearms in schools.

The newspaper says the district declared all of its properties weapon-free zones, however.

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