By Glen Wunderlich Outdoor Columnist Member Professional Outdoor Media
Introduced August 11th, Michigan House bill 5232, cited as the Michigan Firearms Freedom Act, seeks to invoke the power of the 10th Amendment of the U.S. Constitution relative to looming federal gun regulations. As the federal government attempts to expand its reach into our daily lives more and more, some have come to realize it is time to make a stand. Town hall meetings are one thing, but when the politicians return to the security of the House and Senate chambers, they know they can spin the current vocal contempt into nothing more than bellyaching by a vocal minority. Sure they can be voted out of office, but in the meantime with their power-hungry liberal majority, they can do as they please. Not any more. Not in Michigan, if we stick by our guns!
The concept is simple: Declare big government’s reach into Michigan’s matters null and void. The bill was authored by Rep. Phillip Pavlov and has 44 co-sponsors. That’s a bunch! Here’s what it states: “A bill to create the Michigan firearms freedom act; to make certain findings regarding intrastate commerce; to prohibit federal regulation of firearms, firearms accessories, and ammunition involved purely in intrastate commerce in this state; to provide for certain exceptions to federal regulation; and to establish certain manufacturing requirements.
The regulation of intrastate commerce is vested in the states under amendments IX and X of the constitution of the United States, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearms accessories, and ammunition.”
Both Tennessee and Montana already have adopted Firearms Freedom acts and other states are following suit. However, the Federal Government’s Bureau of Alcohol, Tobacco and Firearms (BATF) has already vilified states’ positions on this issue. In a written statement, BATF claims ‘Federal law supersedes the [Tennessee] Act’, and thus the ATF considers it without merit. Somebody’s got things backwards but it’s going to be difficult to weasel out of the U.S. Constitution’s clear language and intent. The shoe fits, boys, and it’s time to try it on for size.
I see this as an opportunity for sorely needed Michigan industry. If law-abiding Michigan citizens create enough demand by virtue of their refusal to go along with the federal programs relative to restrictive gun laws, then supply will follow demand. Michigan manufacturers will make Michigan guns and we’ll buy them here, too.
National health care can be handled in the same manner and is already being addressed in Arizona with a vote on the issue next year. Similarly, medical marijuana laws are in effect in 11 states and hinge on the same principle in spite of the U.S. Government’s position that marijuana is illegal anywhere. The power is vested in the people and the states. The Federal Government seems to be thumbing its nose at the U.S. Constitution when doing so is convenient to their schemes. Time has come to stand up, as written and ratified December 15, 1791.
And, this just in:
Michigan House Rep. Opsommer offered the following concurrent resolution: House Concurrent Resolution No. 9. A concurrent resolution to reaffirm the right to bear arms under the Michigan Constitution, the supremacy of the Second Amendment over the Commerce Clause, and the intent of the Michigan Legislature to not recognize or enforce unconstitutional firearm restrictions placed upon its citizens. Whereas, Article I, Section 6 of the Michigan Constitution, clearly affirms a right to bear arms. This provision prescribes that the primary purpose of the right to bear arms is not related solely to hunting but clearly allows Michigan citizen’s to be able to protect one’s self, family, and possessions from the private lawlessness of other persons or potential tyranny of governments; and Whereas, There are also federalism provisions under the United States Constitution that prohibit the federal government from interfering with the right to bear arms within Michigan. The Tenth Amendment guarantees to the states and their people all powers not granted to the federal government elsewhere in the United States Constitution; and Whereas, Article I, Section 8 of the United States Constitution provides the federal government with the power to regulate commerce. However, this provision only empowers the government to regulate commerce between states and cannot be used to impose regulations onto firearms beyond this scope or that are at cross-purposes with the Second Amendment; and Whereas, Several new federal laws have been proposed that would overstep the bounds of both the Second Amendment, Michigan’s sovereign constitution, and its firearm laws; and Whereas, It is not the intent of the Michigan Legislature to pass laws that would mandate the use of “coded,” “serialized,” or “chipped” ammunition, to create databases of such ammunition, or to outlaw the ability of people to hand load otherwise lawful ammunition. Furthermore, it is not the intent of the Michigan Legislature to pass laws that would mandate the use of so called “smart gun” technology that wirelessly or otherwise authenticates and enables a firearm to be used by only one person. Furthermore, it is not the intent of the Michigan Legislature to allow for licensing schemes for the purchase of firearms that would mandate facial recognition, iris scans, fingerprinting, or other advanced biometric technology. Furthermore, it is not the intent of the Michigan Legislature to regulate the private transfer or sale of firearms beyond what is currently required by law. Furthermore, it is not the intent of the Michigan Legislature to pass laws that would make firearm ownership or use dependent upon the purchase of personal insurance policies or other similar risk instruments. Furthermore, it is not the intent of the Michigan Legislature to prohibit firearm ownership to individuals based upon their reporting of the past use of pain killers or other medications for surgical recovery, dental procedures, and other legitimate medical purposes. Furthermore, it is not the intent of the Michigan Legislature to pass laws that would infringe upon the ability of firearm owners to keep such weapons loaded and readily accessible within their homes, or that would allow for officials to inspect firearms within their homes without first obtaining a valid search warrant issued in conjunction with a lawful criminal investigation. It is however the intent of the Michigan Legislature to ensure that such firearm schemes are not imposed upon the citizens of Michigan by either the federal government or itself, and would view such infringements as violations of both the Second Amendment and the Michigan Constitution; now, therefore, be it Resolved by the House of Representatives (the Senate concurring), That we reaffirm the right to bear arms under the Michigan Constitution, the supremacy of the Second Amendment over the Commerce Clause, and the intent of the Michigan Legislature to not recognize or enforce unconstitutional firearm restrictions placed upon its citizens. Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, members of the Michigan congressional delegation, and the head of the Bureau of Alcohol, Tobacco, and Firearms.
