I know it's short notice, but the Governor is having a live web town hall tonight at 6:00, but you still have time to submit your questions:
It will be live on his facebook page, here:
My question is regarding gun laws, specifically the law as it pertains to Short Barreled Rifles (SBR's), and Short Barreled Shotguns (SBS's), currently 34 other states allow them both, and 4 more allow SBR's only, Michigan is in a minority of only 4 states that only allow them if they are Curio And Relic (C&R) eligible, and Federal law allows them both after you pay a tax, and pass an extensive background check, will you as Governor support, and petition the State Legislature to move Michigan's laws in to line with the plurality of states and allow all SBR's, and SBS's, and not just those that are C&R eligible to any citizen who passes the Federal background check the same way as we currently do with Machine guns, Silencers, Destructive Devices (DD's), and Any Other Weapons (AOW's)?
My question concerns Michigan's self defense law, or "Castle Doctrine", Michigan currently has a very good law on self defense compared to some other states, but it has some major holes in it, currently the law is a good "stand your ground" law removing the extremely unwise, and dangerous "duty to retreat" that previously existed, but it provides no "presumed hostile intent" provisions that other states like Texas, and Florida have, whereby an intruder in your home, or a carjacker is presumed logically to mean you harm, and removes all criminal liability if you use force to stop them. Currently Michigan's law still requires an undefined "reasonable fear" that the intruder is going to harm you, even though they have already forced there way in to your home, or are attempting to carjack you, this allows an activist, or politically motivated prosecute to "Monday Morning Quarterback" your need to use force after the fact in a politically motivated prosecution, and it also provides no civil protection no matter the justification, which allows the criminal, or the criminal's family to sue you for damages. So my question is will you as Governor support, and petition the State Legislature to amend these glaring gaps in Michigan's self defense law, and provide a "presumed hostile intent" provision to the law as well as full criminal, and civil protection for a lawful use of force?
My question concerns Michigan's Concealed Carry law, specifically the presence of "Pistol Free Zones" (PFZ's), currently Michigan's law forbids a lawfully licensed Concealed Carry License holder to carry a concealed pistol for the defense of his, or her self, and family, and friends in many places including, but not limited to Movie Theaters (That have a combined seating capacity of 2,500 people or more across all theaters in the same building), stadiums, and many restaurants simply because they serve primarily alcohol, even if the license holder is not, and doesn't intend to drink, or in to their designated polling place simply because it is located in a PFZ, and it also disarms law abiding permit holders in many other areas as well. Curiously however carrying a non concealed pistol in those same areas is perfectly legal effectively making the PFZ's Open Carry only zones. So my question is will you as Governor support and petition the State Legislature to fix this glaring problem with the law, and eliminate these unconstitutional, and unjust PFZ's?
My question concerns Michigan's requirement that those wishing to carry a Concealed Handgun be licensed to do so, and the placing of bans on those unlicensed from openly carrying a non concealed Handgun in certain places without a Concealed Pistol License (CPL). Both the second amendment of the US Constitution (as affirmed by the US Supreme Court in both the recent Heller, and McDonald cases), as well as Article 1 Section 6 of the Michigan Constitution provide a right to keep, and bear arms. This is an absolute fundamental right, and the right of self defense is a basic human right, and in fact the full text of Article 1 Section 6 of the Michigan constitution states "Every person has a right to keep and bear arms for the defense of himself and the state." Yet the state requires a permit, effectively a permission slip to do so effectively by prohibiting the most effective way to do so unless a permit is first obtained. This is an affront to both the US, and Michigan Constitutions , as well as basic human rights. Currently permit-less, or "constitutional carry" is in place in Vermont, Alaska, Arizona, and Wyoming with no problems, and in fact has had a positive effect, and a Bill is currently pending in South Dakota to do the same thing. So my question to you as Governor is will you support, and petition the State Legislature to eliminate the requirement to obtain a Concealed Carry permit to carry a concealed pistol within the state of Michigan as well as the laws restricting open carry in certain places without one, and make a concealed carry permit merely an option to those wishing to have it for reciprocity with other states, and adopt the "Constitutional Carry" concept in Michigan?
My question is in regards to Michigan's requirement to obtain a purchase permit prior to purchasing a pistol, and to register that pistol after it is purchased. Both the second amendment of the US Constitution (as affirmed by the US Supreme Court in both the recent Heller, and McDonald cases), as well as Article 1 Section 6 of the Michigan Constitution provide a right to keep, and bear arms. This is an absolute fundamental right, and the right of self defense is a basic human right. Yet the state requires a permit, effectively a permission slip to merely purchase a handgun. The registration is not only an onerous, and unconstitutional infringement on the right to keep, and bear arms, but also historically registration ALWAYS leads to confiscation eventually, and indeed that could be very effectively argued to be the whole purpose of a registration. This is not only an affront to both the US, and Michigan Constitutions , as well as basic human rights, but the permit, and registration is also a needless expense that the state, cities, and counties can ill afford, and Michigan is in a clear minority of states in having these requirements. So my question to you as Governor is will you support, and petition the State Legislature to eliminate the requirement to obtain purchase a permit prior to buying a handgun, and the requirement to register handguns in the state of Michigan?
Last edited by Small_Arms_Collector; 01-19-2012 at 01:27 PM.
Last edited by PDinDetroit; 01-19-2012 at 02:26 PM. Reason: Deleted due to erroneous information.
Bronson750.224b Short-barreled shotgun or rifle; manufacture, sale, or possession as felony; penalty; exceptions; applicability to collector's item.
(1) A person shall not manufacture, sell, offer for sale, or possess a short-barreled shotgun or a short-barreled rifle.
(2) A person who violates this section is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $2,500.00, or both.
(3) This section does not apply to the sale, offering for sale, or possession of a short-barreled rifle or a short-barreled shotgun which the secretary of the treasury of the United States of America, or his or her delegate, under 26 USC, sections 5801 through 5872, or 18 USC, sections 921 through 928, has found to be a curio, relic, antique, museum piece, or collector's item not likely to be used as a weapon, but only if the person selling, offering for sale or possessing the firearm has also fully complied with section 2 or 2a of 1927 PA 372, MCL 28.422 and 28.422a.
Last edited by Bronson; 01-19-2012 at 02:21 PM.
Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. – Thomas Paine
OK, thanks for pointing that out. I take back my previous post.
Maybe better to start with the Legislature then, you know the ones that actually pass bills fore the Governor to sign into law. This doesn't preclude speaking with the Governor as well.
i'm listening to it on the phone right now, haven't heard any 2A questions yet
Well he touched on every issue EXCEPT guns.
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.
Giving up our liberties for safety is the one sure way to let the violent among us win.
"Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine
Disclaimer – I am not a lawyer! Please do not consider anything you read from me to be legal advice.