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Thread: 2013 SB 0063 - Michigan Firearms Freedom Act

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    Regular Member PDinDetroit's Avatar
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    2013 SB 0063 - Michigan Firearms Freedom Act

    Quote Originally Posted by 2013-SB-0063
    January 16, 2013, Introduced by Senators PAVLOV, JONES, GREEN, CASPERSON, MEEKHOF, PROOS, JANSEN, BRANDENBURG, HILDENBRAND, NOFS, COLBECK, EMMONS and MARLEAU and referred to the Committee on Judiciary.

    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 PEOPLE OF THE STATE OF MICHIGAN ENACT:

    Sec. 1. This act shall be known and may be cited as the "Michigan firearms freedom act".

    Sec. 2. The legislature finds all of the following:

    (a) Amendment X of the constitution of the United States guarantees to the states and their people all powers not granted to the federal government elsewhere in the constitution and reserves to the state and people of Michigan certain powers as they were understood at the time that Michigan was admitted to statehood on January 26, 1837. The guaranty of those powers is a matter of contract between the state and people of Michigan and the United States as of the time that the compact with the United States was agreed upon and adopted by Michigan and the United States.

    (b) Amendment IX of the constitution of the United States guarantees to the people rights not granted in the constitution and reserves to the people of Michigan certain rights, as they were understood at the time that Michigan was admitted to statehood. The guaranty of those rights is a matter of contract between the state and people of Michigan and the United States as of the time that the compact with the United States was agreed upon and adopted by Michigan and the United States.

    (c) 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.

    (d) Amendment II of the constitution of the United States reserves to the people the right to keep and bear arms as that right was understood at the time that Michigan was admitted to statehood, and the guaranty of the right is a matter of contract between the state and people of Michigan and the United States as of the time that the compact with the United States was agreed upon and adopted by Michigan and the United States.

    (e) Section 6 of article I of the state constitution of 1963 clearly secures to Michigan citizens, and prohibits government interference with, the right of individual Michigan citizens to keep and bear arms. This constitutional protection is unchanged from the original Michigan constitution, which was approved by congress and the people of Michigan, and the right exists, as it was understood at the time that the compact with the United States was agreed upon and adopted by Michigan and the United States.

    Sec. 3. A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in Michigan and that remains within the borders of Michigan is not subject to federal law or federal regulation, including registration, under the authority of congress to regulate interstate commerce. It is declared by the legislature that those items have not traveled in interstate commerce. This section applies to a firearm, a firearm accessory, or ammunition that is manufactured in Michigan from basic materials and that can be manufactured without the inclusion of any significant parts imported from another state. Generic and insignificant parts that have other manufacturing or consumer product applications are not firearms, firearms accessories, or ammunition, and their importation into Michigan and incorporation into a firearm, a firearm accessory, or ammunition manufactured in Michigan does not subject the firearm, firearm accessory, or ammunition to federal regulation. It is declared by the legislature that basic materials, such as unmachined steel and unshaped wood, are not firearms, firearms accessories, or ammunition and are not subject to congressional authority to regulate firearms, firearms accessories, and ammunition under interstate commerce as if they were actually firearms, firearms accessories, or ammunition. The authority of congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearms accessories, and ammunition made in Michigan from those materials. Firearms accessories that are imported into Michigan from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in Michigan.

    Sec. 4. Section 3 does not apply to any of the following:

    (a) A firearm that cannot be carried and used by 1 person.

    (b) A firearm that has a bore diameter greater than 1-1/2 inches and that uses smokeless powder, not black powder, as a propellant.

    (c) Ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm.

    (d) A firearm that discharges 2 or more projectiles with 1 activation of the trigger or other firing device.

    Sec. 5. A firearm manufactured or sold in Michigan under this act shall have the words "Made in Michigan" clearly stamped on a central metallic part, such as the receiver or frame.

    Sec. 6. This act applies to firearms, firearms accessories, and ammunition that are manufactured and retained in Michigan on or after October 1, 2013.

    Sec. 7. As used in this act:

    (a) "Borders of Michigan" means the boundaries of Michigan established for purposes of statehood.

    (b) "Firearms accessories" means items that are used in conjunction with or mounted upon a firearm but are not essential to the basic function of a firearm, including, but not limited to, telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition carriers, and lights for target illumination.

    (c) "Generic and insignificant parts" includes, but is not limited to, springs, screws, nuts, and pins.

    (d) "Manufactured" means that a firearm, a firearm accessory, or ammunition has been created from basic materials for functional usefulness, including, but not limited to, forging, casting, machining, or other processes for working materials.
    http://legislature.mi.gov/doc.aspx?2013-SB-0063
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    Regular Member TheQ's Avatar
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    2013 SB 0063 - Michigan Firearms Freedom Act

    I hear this will be heard in Senate judiciary in the next 2 weeks.
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

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    Regular Member Ezerharden's Avatar
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    What about previously purchased firearms? Are they covered under this bill?
    Want to keep informed of Open Carry events in your area? Go to www.miopencarry.org/update

    I carry a gun because a Police Officer is too heavy.

    For Drama free gun rights discussion, see http://forums.michiganopencarry.org/

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    Regular Member DanM's Avatar
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    Can we get confirmations from Michigan gun organizations that they will not allow criminalization of OC in PFZ's, or any other anti gun-rights compromises, in order to get this legislation passed?

    I am quite seriously asking for this. I am not being facetious.
    Last edited by DanM; 01-17-2013 at 06:14 PM.
    "The principle of self-defense, even involving weapons and bloodshed, has never been condemned, even by Gandhi . . ."--Dr. Martin Luther King Jr

    “He who cannot protect himself or his nearest and dearest or their honor by non-violently facing death, may and ought to do so by violently dealing with the oppressor. He who can do neither of the two is a burden.”--M. K. Gandhi

    "First they ignore you, then they ridicule you, then they fight you, then you win." --M. K. Gandhi

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    Regular Member TheQ's Avatar
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    2013 SB 0063 - Michigan Firearms Freedom Act

    Quote Originally Posted by DanM View Post
    Can we get confirmations from Michigan gun organizations that they will not allow criminalization of OC in PFZ's, or any other anti gun-rights compromises, in order to get this legislation passed?

    I am quite seriously asking for this. I am not being facetious.
    No. We're going to make sure that unlicensed open carry gets banned
    Last edited by TheQ; 01-17-2013 at 06:51 PM.
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

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    Regular Member DanM's Avatar
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    Quote Originally Posted by TheQ View Post
    No. We're going to make sure that unlicensed open carry gets banned
    I'm unsure in understanding your response. By "we", do you mean MOC or another group? Also, please clarify if you are speaking of compromises on currently legal OC. If so, with regard to this legislation what are the compromises on currently legal OC you are speaking of, please.
    Last edited by DanM; 01-17-2013 at 07:04 PM.
    "The principle of self-defense, even involving weapons and bloodshed, has never been condemned, even by Gandhi . . ."--Dr. Martin Luther King Jr

    “He who cannot protect himself or his nearest and dearest or their honor by non-violently facing death, may and ought to do so by violently dealing with the oppressor. He who can do neither of the two is a burden.”--M. K. Gandhi

    "First they ignore you, then they ridicule you, then they fight you, then you win." --M. K. Gandhi

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    Regular Member TheQ's Avatar
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    2013 SB 0063 - Michigan Firearms Freedom Act

    Quote Originally Posted by DanM View Post
    With regard to this proposed legislation, MOC is willing to go along with criminalizing currently legal exercises of open carry in Michigan?
    OMFG!

    Your sarcasm detector is soooo broken
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

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    Regular Member DanM's Avatar
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    Quote Originally Posted by TheQ View Post
    OMFG!

    Your sarcasm detector is soooo broken
    I apologize, your response is to a quote of mine that I had to edit for better presentation of my question. Here's my edited response:

    I'm unsure in understanding your response. By "we", do you mean MOC or another group? Also, please clarify if you are speaking of compromises on currently legal OC. If so, with regard to this legislation what are the compromises on currently legal OC you are speaking of, please.
    You indicated you were being sarcastic. I am being serious about my question with regard to every one of Michigan gun organizations' willingness to compromise OC with this proposed legislation. Am I correct in taking your sarcasm as indicating that the group you represent with "we" will not entertain any compromise on OC to get this proposal passed? Is that group MOC?
    Last edited by DanM; 01-17-2013 at 07:15 PM.
    "The principle of self-defense, even involving weapons and bloodshed, has never been condemned, even by Gandhi . . ."--Dr. Martin Luther King Jr

    “He who cannot protect himself or his nearest and dearest or their honor by non-violently facing death, may and ought to do so by violently dealing with the oppressor. He who can do neither of the two is a burden.”--M. K. Gandhi

    "First they ignore you, then they ridicule you, then they fight you, then you win." --M. K. Gandhi

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    Regular Member TheQ's Avatar
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    2013 SB 0063 - Michigan Firearms Freedom Act

    Quote Originally Posted by DanM View Post
    I apologize, your response is to a quote of mine that I had to edit for better presentation of my question. Here's my edited response:



    You indicated you were being sarcastic. I am being serious about my question with regard to every one of Michigan gun organizations' willingness to compromise OC with this proposed legislation. Am I correct in taking your sarcasm as indicating that the group you represent with "we" will not entertain any compromise on OC to get this proposal passed? Is that group MOC?
    I don't make the calls. You should attend our next leadership meeting and ask.
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

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    Regular Member DanM's Avatar
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    Quote Originally Posted by TheQ View Post
    I don't make the calls. You should attend our next leadership meeting and ask.
    If I'm in that forum, I will. Right now, I'm in this forum. MOC is known to engage in communication in fora outside of its leadership meetings, including this forum. I'm patient.
    "The principle of self-defense, even involving weapons and bloodshed, has never been condemned, even by Gandhi . . ."--Dr. Martin Luther King Jr

    “He who cannot protect himself or his nearest and dearest or their honor by non-violently facing death, may and ought to do so by violently dealing with the oppressor. He who can do neither of the two is a burden.”--M. K. Gandhi

    "First they ignore you, then they ridicule you, then they fight you, then you win." --M. K. Gandhi

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    Michigan Moderator Shadow Bear's Avatar
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    Quote Originally Posted by DanM View Post
    If I'm in that forum, I will. Right now, I'm in this forum. MOC is known to engage in communication in fora outside of its leadership meetings, including this forum. I'm patient.
    Best bet is to attend the next leadership meeting, where you can hear ALL aspects of the decision making process, and perhaps even be able to make some suggestions. Beats P&M about it, later; kind of like skipping the election, and complaining about the results....
    'If the people are not ready for the exercise of the non-violence of the brave, they must be ready for the use of force in self defense. There should be no camouflage.....it must never be secret.' MK Gandhi II-146 (Gandhi on Non-Violence)-- Gandhi supports open carry!

    'There is nothing more demoralizing than the fake non-violence of the weak and impotent.' MK Gandhi II-153 (Gandhi on Non-Violence)

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    Michigan Moderator Shadow Bear's Avatar
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    Quote Originally Posted by TheQ View Post
    I don't make the calls. You should attend our next leadership meeting and ask.
    When's the next leadership meeting, and how can our friend 'attend'? Teamspeak?
    'If the people are not ready for the exercise of the non-violence of the brave, they must be ready for the use of force in self defense. There should be no camouflage.....it must never be secret.' MK Gandhi II-146 (Gandhi on Non-Violence)-- Gandhi supports open carry!

    'There is nothing more demoralizing than the fake non-violence of the weak and impotent.' MK Gandhi II-153 (Gandhi on Non-Violence)

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    Regular Member TheQ's Avatar
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    2013 SB 0063 - Michigan Firearms Freedom Act

    Quote Originally Posted by Shadow Bear View Post
    When's the next leadership meeting, and how can our friend 'attend'? Teamspeak?
    4th Tuesday, 8pm

    http://michiganopencarry.org/?q=pages/ts3_tutorial

    Interested persons can private message me for the password, if they don't know it.
    Last edited by TheQ; 01-17-2013 at 09:13 PM.
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

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    http://firearmsfreedomact.com/state-by-state/


    This may be of interest to those watching the growing list of states creating the firearms freedom act...

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    Regular Member PDinDetroit's Avatar
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    Quote Originally Posted by alphamale View Post
    http://firearmsfreedomact.com/state-by-state/


    This may be of interest to those watching the growing list of states creating the firearms freedom act...
    Posted Comment there to alert them to the New Bill.
    Rights are like muscles. You must EXERCISE THEM to keep them from becoming atrophied.

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    As did I, thanks. I think others I told did also.

    http://firearmsfreedomact.com/state-by-state/


    Quote Originally Posted by PDinDetroit View Post
    Posted Comment there to alert them to the New Bill.

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    Quote Originally Posted by DanM View Post
    Am I correct [a certain open carry gun rights organization located in Michigan] will not entertain any compromise on OC to get this proposal passed?
    Lulz. Fat chance.

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    Quote Originally Posted by PDinDetroit View Post
    January 16, 2013, Introduced by Senators PAVLOV, JONES, GREEN, CASPERSON, MEEKHOF, PROOS, JANSEN, BRANDENBURG, HILDENBRAND, NOFS, COLBECK, EMMONS and MARLEAU and referred to the Committee on Judiciary.

    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 PEOPLE OF THE STATE OF MICHIGAN ENACT:

    Sec. 1. This act shall be known and may be cited as the "Michigan firearms freedom act".

    Sec. 2. The legislature finds all of the following:

    (a) Amendment X of the constitution of the United States guarantees to the states and their people all powers not granted to the federal government elsewhere in the constitution and reserves to the state and people of Michigan certain powers as they were understood at the time that Michigan was admitted to statehood on January 26, 1837. The guaranty of those powers is a matter of contract between the state and people of Michigan and the United States as of the time that the compact with the United States was agreed upon and adopted by Michigan and the United States.

    (b) Amendment IX of the constitution of the United States guarantees to the people rights not granted in the constitution and reserves to the people of Michigan certain rights, as they were understood at the time that Michigan was admitted to statehood. The guaranty of those rights is a matter of contract between the state and people of Michigan and the United States as of the time that the compact with the United States was agreed upon and adopted by Michigan and the United States.

    (c) 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.

    (d) Amendment II of the constitution of the United States reserves to the people the right to keep and bear arms as that right was understood at the time that Michigan was admitted to statehood, and the guaranty of the right is a matter of contract between the state and people of Michigan and the United States as of the time that the compact with the United States was agreed upon and adopted by Michigan and the United States.

    (e) Section 6 of article I of the state constitution of 1963 clearly secures to Michigan citizens, and prohibits government interference with, the right of individual Michigan citizens to keep and bear arms. This constitutional protection is unchanged from the original Michigan constitution, which was approved by congress and the people of Michigan, and the right exists, as it was understood at the time that the compact with the United States was agreed upon and adopted by Michigan and the United States.

    Sec. 3. A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in Michigan and that remains within the borders of Michigan is not subject to federal law or federal regulation, including registration, under the authority of congress to regulate interstate commerce. It is declared by the legislature that those items have not traveled in interstate commerce. This section applies to a firearm, a firearm accessory, or ammunition that is manufactured in Michigan from basic materials and that can be manufactured without the inclusion of any significant parts imported from another state. Generic and insignificant parts that have other manufacturing or consumer product applications are not firearms, firearms accessories, or ammunition, and their importation into Michigan and incorporation into a firearm, a firearm accessory, or ammunition manufactured in Michigan does not subject the firearm, firearm accessory, or ammunition to federal regulation. It is declared by the legislature that basic materials, such as unmachined steel and unshaped wood, are not firearms, firearms accessories, or ammunition and are not subject to congressional authority to regulate firearms, firearms accessories, and ammunition under interstate commerce as if they were actually firearms, firearms accessories, or ammunition. The authority of congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearms accessories, and ammunition made in Michigan from those materials. Firearms accessories that are imported into Michigan from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in Michigan.

    Sec. 4. Section 3 does not apply to any of the following:

    (a) A firearm that cannot be carried and used by 1 person.

    (b) A firearm that has a bore diameter greater than 1-1/2 inches and that uses smokeless powder, not black powder, as a propellant.

    (c) Ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm.

    (d) A firearm that discharges 2 or more projectiles with 1 activation of the trigger or other firing device.

    Sec. 5. A firearm manufactured or sold in Michigan under this act shall have the words "Made in Michigan" clearly stamped on a central metallic part, such as the receiver or frame.

    Sec. 6. This act applies to firearms, firearms accessories, and ammunition that are manufactured and retained in Michigan on or after October 1, 2013.

    Sec. 7. As used in this act:

    (a) "Borders of Michigan" means the boundaries of Michigan established for purposes of statehood.

    (b) "Firearms accessories" means items that are used in conjunction with or mounted upon a firearm but are not essential to the basic function of a firearm, including, but not limited to, telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition carriers, and lights for target illumination.

    (c) "Generic and insignificant parts" includes, but is not limited to, springs, screws, nuts, and pins.

    (d) "Manufactured" means that a firearm, a firearm accessory, or ammunition has been created from basic materials for functional usefulness, including, but not limited to, forging, casting, machining, or other processes for working materials.
    Get rid of the part in red, and it would be perfect. Do not compromise unless you have to, do not do it out of the gate, the part in red is just chicken.

    Neither version unfortunately has any chance of passing unless there are enough votes to over ride a veto.

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