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Thread: here's a decent one, let's try to get it passed

  1. #1
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    http://www.michiganvotes.org/Legislation.aspx?ID=100277

    August 11, 2009, Introduced by Reps. Pavlov, Opsommer, Rick Jones, Knollenberg, Lund, DeShazor, Lori, Kurtz, Calley, Agema, Proos, Daley, Stamas, Hansen, Moss, McMillin, Haveman, Meltzer, Mayes, Moore, Neumann, Espinoza, Spade, McDowell, Bennett, LeBlanc, Hammel, Terry Brown, Paul Scott, Hildenbrand, Rogers, Genetski, Amash, Haines, Walsh, Booher, Clemente, Tyler, Sheltrown, Schuitmaker, Pearce, Kowall, Wayne Schmidt, Crawford 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, 2010.

    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.


  2. #2
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    Also for the CC people there is Senate Bill 747 http://legislature.mi.gov/doc.aspx?2009-SB-0747
    which is trying to remove "(h) A dormitory or classroom of a community college, college, or university." from the gun free zone list while CC'in

  3. #3
    Regular Member Bronson's Avatar
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    There's also HB 4334 which is trying to eliminate ALL of the CC pistol free zones.

    http://www.legislature.mi.gov/(S(yjz...4&query=on

    Bronson
    Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. Thomas Paine

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    At first blush I only have a problem with Sec. 4 (d). I see no reason to not have such weapons. If the original purpose of Amendment #2 was to protect us from tyranny, then we should have the means to do so. A more even field, if you will.springerdave.

  5. #5
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    xd-40 wrote:
    http://www.michiganvotes.org/Legislation.aspx?ID=100277

    August 11, 2009, Introduced by Reps. Pavlov, Opsommer, Rick Jones, Knollenberg, Lund, DeShazor, Lori, Kurtz, Calley, Agema, Proos, Daley, Stamas, Hansen, Moss, McMillin, Haveman, Meltzer, Mayes, Moore, Neumann, Espinoza, Spade, McDowell, Bennett, LeBlanc, Hammel, Terry Brown, Paul Scott, Hildenbrand, Rogers, Genetski, Amash, Haines, Walsh, Booher, Clemente, Tyler, Sheltrown, Schuitmaker, Pearce, Kowall, Wayne Schmidt, Crawford 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, 2010.

    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.
    If I am reading this right we would be able to own a suppressor that is made in Michigan so long as it stays in Michigan? No tax stamp? No BATFE ok?

  6. #6
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    I would also like to add even though this is my 1st post I have been lurking here for awhile and have a good friend who is a member here. I plan to be around for a long time to come, thanks. Back on topic.

  7. #7
    Regular Member Michigander's Avatar
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    It would be nice if we could get cans in this state, but this bill lacks the nerve to tell the ATF to **** off about machine guns. To me, that is an incredibly large flaw.
    Answer every question about open carry in Michigan you ever had with one convenient and free book- http://libertyisforeveryone.com/open-carry-resources/

    The complete and utter truth can be challenged from every direction and it will always hold up. Accordingly there are few greater displays of illegitimacy than to attempt to impede free thought and communication.

  8. #8
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    Michigander wrote:
    It would be nice if we could get cans in this state, but this bill lacks the nerve to tell the ATF to @#$% off about machine guns. To me, that is an incredibly large flaw.
    I agree totally, however if it does pass and allow us to have a can at least it would be a step in the right direction.

  9. #9
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    I see no real reason why we can't have them now. There are other states that allow them, why not here. I have never felt having sound suppressors and machine guns grouped together makes any sense. A suppressor adds saftey to the range when shooting.

  10. #10
    Regular Member Michigander's Avatar
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    First of all, welcome Jimmer. I should have said that before.

    Anyway, you are definitely right. There is a lot of potential with incremental changes. After all, that is how we lost so many of the rights our fore fathers fought to protect.

    Everyone knows the concept of a frog being boiled, and frankly we're the frog. It would be nice to turn the tables and slowly boil away the gun bans if it can be done. Not to mention all of the trouble with the banking elites that are raping us, but that's another topic for another forum...
    Answer every question about open carry in Michigan you ever had with one convenient and free book- http://libertyisforeveryone.com/open-carry-resources/

    The complete and utter truth can be challenged from every direction and it will always hold up. Accordingly there are few greater displays of illegitimacy than to attempt to impede free thought and communication.

  11. #11
    Regular Member Michigander's Avatar
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    Dansjeep2000 wrote:
    I see no real reason why we can't have them now.
    You are trying to make sense of gun laws. It doesn't work that way. Any time I start to explain gun laws to a new shooter or someone who is otherwise interested, the very first thing I do is explain to remember that gun laws don't make sense for the most part. Trying to see the sensibility in firearm legislation can only lead to stupefied confusion.
    Answer every question about open carry in Michigan you ever had with one convenient and free book- http://libertyisforeveryone.com/open-carry-resources/

    The complete and utter truth can be challenged from every direction and it will always hold up. Accordingly there are few greater displays of illegitimacy than to attempt to impede free thought and communication.

  12. #12
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    Dansjeep2000 wrote:
    A suppressor adds safety to the range when shooting.
    Truth.

    Indoor ranges would be a lot nicer to go to....

    I would LOVE to get a suppressor for my 1911A1. It makes for an interesting weapon report, and my ears fatigue easily with hearing protection on.

    -Richard-

  13. #13
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    I guess we need to call our reps and try to get this passed.

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    We need this passed for a lot of reasons-- its no different or less importantthan OC is, IMO

    Great site BTW-- I can't wait for the Warren picnic!

  15. #15
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    hogfarmer, if you haven't done so already please make sure to post your intentions to come to the warren picnic under that thread so that your name will get added to the list of attendees. Thanks! Looking forward to seeing you there.

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