It’s all about education, yes?
True story. More with photos here.
Because anything else is just feeding lawyers and politicians at the trough on both sides of unconstitutional statute.
Michigan Law Enforces Obama's Latest 'Pen and Phone' Gun Control With Draconian Penalties
It turns out that the stealth U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives proposal to prohibit the most popular cartridge used by civilians in the AR-15, America’s most popular civilian rifle, will be enforced by draconian penalties in Michigan law. This prohibition will affect all owners of .223 Remington caliber rifles, not just the AR-15. BATFE has indicated that they are withdrawing a ‘sporting purpose’ exemption for the standard issue U.S. Military 5.56x45mm NATO (.223 Remington) cartridge, claiming that it is armor piercing handgun ammunition under the 1986 Law Enforcement Officer Protection Act.
Michigan legislators cloned LEOPA in 1990 with one important distinction. The Michigan statutory language actually prohibits any use of prohibited ammunition. From MCL 750.224c:
(1) Except as provided in subsection (2), a person shall not manufacture, distribute, sell, or use armor piercing ammunition in this state. A person who willfully violates this section is guilty of a felony, punishable by imprisonment for not more than 4 years, or by a fine of not more than $2,000.00, or both.
‘Use’ includes loading a rifle magazine with prohibited ammunition or even firing it in a single shot rifle. The Federal LEOPTA at least allows gun owners to use up stocks of ammunition on hand when a cartridge is prohibited. A bunch of Michiganders are about to become felons if BATFE gets its way thanks to another triumph of legislative draftsmanship by our Legislature. Violating MCL 750.224c is a four year felony, a rude surprise to someone owning M855 ammunition. Perfectly legal one day, a felon the next. The joy of multilevel government regulation.
And all the king‘s men
Wouldn’t put our Constitution together again.
Matter of fact, RightMi.com’s phone has been ringing a lot lately asking if we’ve seen him and his peers.
Michigan Hunters Not So Happy
DNR just slyly reported that Michigan hunting license sales dropped to 729,000 in 2014, a 4.2% drop from 2013 sales and the all time low in data extending way back to 1958. This drop is even worse than the numbers suggest, since the new HB 4668 hunting license rules require base licenses for hunting activities which did not require licenses in previous years. And if you believe President Obama and his statistical mathmagicians, the U.S. economy surged at a 5% GDP growth rate in 2014Q3 just before Michigan’s traditional firearms deer season. Michigan’s population increased by 11,684 people in 2014, the third consecutive annual increase. So the number of hunters should have increased in 2014? But the number of hunters in Michigan dropped, and hunter numbers declined because license fees skyrocketed under HB 4668 of 2013.
The most popular hunting license prices increased 50 – 100 % under the new 2014 fee schedule, although a direct comparison is not possible because the licenses were restructured under HB 4668 to ‘simplify’ the license schedule. Even though the DNR has not released license sales dollar amounts yet, we can still sketch out the doleful effect of the DNR hunting license fee increases on Michigan’s staggering economy.
DNR Fee Increase Backfires
Politicians of all stripes are rooting around for fresh money to fulfill past, present, and future promises lately, figuring that the economy is so hot that their depredations will go unnoticed and have no consequences. Let’s take a look at a Michigan example: the increase in license fees for hunting and fishing which the Legislature authorized in 2013 and which took effect in 2014.
The most popular hunting and fishing license prices doubled under the new fee schedule, although a direct comparison is not possible because the licenses were restructured to ‘simplify’ the license schedule. Governor Snyder’s goal for these increases was to raise an additional $ 18.1 million dollars annually for the DNR. The Senate Fiscal Agency benchmarked the anticipated annual increase at $ 19.7 million.
These are fees, paid voluntarily, so why should we care? Only taxes matter? The State of Michigan has been reducing the amount of money appropriated to the DNR from tax revenues since 2000, a reduction that now amounts to about 70%. So fees are now required to replace taxes. A common story across the United States. Fees play better with voters than taxes.
Government officials breaking the law without care or regard
The Free Press today had an article about Huron Valley schools and open carry. In the article, Huron Valley Superintendent Baker is quoted as saying:
“I am grateful he went to the building administrator and told that principal what he planned on doing in advance,” Baker said. “I’ve had multiple conversations with (the parent), he’s talked with the building administrators, and he’s been very forthright, in some regards very progressive, and I appreciate that. He didn’t just show up unannounced. But that doesn’t change the way I feel about the law.“
I for one am tired of Government types making up rules that they expect us to live by, but when the rules become an inconvenience for them or their jobs, then they feel the rules can be ignored. For people who have been paying attention for these past 200 years, this shouldn’t be something that is a surprise.
The US Constitution is supposed to be the highest law of the land. It was designed not to restrict what people can do, but rather restrict what the people that call themselves the Government can do. Indeed, the Constitution creates only two prohibition against individuals:
The word “Constitution” has the word “constitute” as a base word. The document was intended to be an outline of what constitutes the US Federal Government and its powers. But as we all know, our governments (Federal, State, Local) haven’t been good at heeding their own laws — even the Constitution.
Circa 1870 Lysander Spooner wrote this of the US Constitution in his essay No Treason: The Constitution of No Authority:
But whether the Constitution really be one thing, or another, this much is certain – that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case, it is unfit to exist.
It should be of no surprise the people in the Government are breaking and ignoring the rules (rules that people in the Government made). They’ve been doing it a very long time. Like the US Constitution, Michigan’s Firearm Preemption Law has no “teeth”, no consequences for those who break it. That is why it is so important that HB 5500 becomes law.
Sadly, it seems House Judiciary Chair, Kevin Cotter (R) has no intentions to let the bil out of committee before the end of the legislative session this December. Given the law stalled at its first step on a long path, it’s doubtful it’ll become law this session and with this Governor.
There is an answer to the tyranny of schools like Huron Valley though. If the State legislature won’t address the problem, Michigan Open Carry, Inc. will seek redress in court. We are seeking to prosecute a K12 school very shortly for their violation of State firearm preemption law. Won’t you consider helping us today with your most generous donation?
Last night, Traverse City Area Public Schools adopted a new weapons policy and it’s good news for CPL holders. The new policy appears to respect Michigan law and your rights, by allowing those “permitted by law” to carry at TCAPS facilities and events.
Earlier this year TCAPS learned that Open Carry on school property with a CPL is legal in Michigan after someone did just that at one of their school board meetings. Since then, TCAPS has talked with local law-enforcement, reviewed state law, and determined that their weapons policy was not in compliance.
At last month’s TCAPS board meeting new policy language was submitted for review to the board, which was forwarded on to Michigan Open Carry’s leadership by MOC member Andy Marek. MOC’s legislative team looked over the new language and was very pleased to see that the school district appeared to be making a good faith effort to comply with state law. Though the language wasn’t perfect, it was good enough for the team to send TCAPS a letter of support containing a few suggested tweaks, with copious citations of course.
Today we are pleased to report that not only did TCAPS accept the new compliant language(starts on pg. 54) last night, they also adopted almost all of MOC’s suggestions.
It’s good to see another school following the law. As this trend grows, more and more of their worst fears are shown to be baseless and/or absurd. The truth is getting out there – we are not the problem.
Does this mean that the TCAPS board has suddenly turned pro-gun? Well, let’s not get carried away, it may be possible MOC’s pending lawsuit had something to do with it.
However, there are some school districts that are still holding out and continue to look for any possible way to not comply. These holdouts will have to be dealt with the hard way and we need your help. MOC is preparing to file suit against one of these holdouts and we need all of the support we can get.
Won’t you help us continue the trend by donating to Michigan Open Carry’s legal fund today?
Originally published at www.miopencarry.org