Phillip Hofmeister

Phillip Hofmeister is a libertarian advocate and philosopher. Phillip has a history in gun rights activism in Michigan as a former president of Michigan Open Carry, Inc.

Rick Snyder on Gun Free Zones

I wish it weren’t true, I really do, but here’s the thing: the reason we still have gun free zones in this State is Gov. Rick Snyder.

Let’s review the political landscape in Michigan.  Michigan’s legislature is divided into two chambers: A senate and a house.

The Michigan Senate is made up of 38 members (26 Republicans and 12 Democrats – As of this writing).  The Michigan Senate has had this composition since January 1, 2011 and this composition will remain in place until the end of December this year (2014).

The Michigan House is made up of 110 members (59 Republicans, 50 Democrats, and 1 “Independent” Democrat – as of this writing).  The Michigan House has had this composition since January 1, 2013 and this composition will remain in place until the end of December this year (2014).  Between January 1, 2011 and through December, 2012 the composition was 64 Republicans and 46 Democrats — 9 votes short of a supermajority (66%) of Republicans.  The latter amount represents the composition when SB 59 was passed in 2012.

Let’s talk about SB 59, as ultimately passed by the legislature.  SB 59 would have (in brief):

  1. Overhauled the process to get your CPL to make getting your CPL much simpler, with one person (your local Sheriff) being solely responsible for issuing your CPL or facing financial penalties in Court for denying you without a lawful reason (as specified in MCL 28.425b)
  2. Force the CPL Issuer to grant a person who completed a nominal amount of additional training an exemption to the Concealed Pistol Free Zones outlined in MCL 28.425onearly eliminating concealed pistol free zones in Michigan.
  3. Made it illegal to open carry a firearm in a location described in MCL 28.425o.

While the third point rightfully posed some controversy in Michigan’s second amendment community, especially open carriers, Michigan’s “Big 3” (Michigan Open Carry, Inc, Michigan Coalition of Responsible Gun Owners, Michigan Gun Owners) Firearm organizations voted (via their Board of Directors) to Support SB 59 as it ultimately passed and urged the Governor to sign it.

Ultimately, Gov. Rick Snyder decided to veto SB 59.  He didn’t veto it because he’s so pro-gun he opposed making it illegal to open carry in a 28.425o zone, no…not at all.  In fact, that language was added to the legislation at the Governor’s insistence.  Rather, the Governor opposed SB 59 because (according to his veto letter) he wanted to weaken preemption:

“While we must vigilantly protect the rights of law-abiding firearm owners, we also must ensure the right of designated public entities to exercise their best discretion in matters of safety and security,” he said. “These public venues need clear legal authority to ban firearms on their premises if they see fit to do so.

So all those publicly owned pistol free zones described in MCL 28.425o?  Snyder wanted them to be able to ban guns, contrary to the State’s preemption law outlined in MCL 123.1102.  Senator Mike Green, lead sponsor of SB 59, refused to cave into this final demand of the Governor to weaken preemption, so the bill passed as it did and the rest is (as they say) history.

Senator Mike Green Later reintroduced SB 59 in the next (current) session as SB 213.  Sadly, SB 213 has gone nowhere because the Governor doesn’t want to address/eliminate Pistol Free Zones.  Since the Governor is a Republican (like a majority of the State House and Senate) the Republican majorities won’t take up the issue.  After all, many of the members do not want to further embarrass/alienate their parties Governor on the matter prior to an election.  Many of these members are counting on their Governor’s support during the election season (both the Primaries and the General Election) to help them get re-elected.  Fearing the Governor will withdraw his support from fellow Republican members who pass legislation supporting the elimination of 28..425o zones, the legislature has sat on SB 213.  Would this be the same if the Governor didn’t belong to the same party as a majority of the state legislature?

To answer that question, let’s look at history of previous legislature and Governor.  In 2006 the legislature passed Michigan’s version of “Stand your Ground”, the Self Defense Act of 2006.  Not wanting to alienate gun owners prior to the November election of 2006, Governor Granholm signed the law in July of 2006.

This political situation aside, it’s possible SB 59’s veto would have been overridden.  SB 59 passed on final passage with the following support, House: Yeas 68 Nays 41; Senate: Yeas 27 Nays 11.  In the Senate a 2/3’s majority to over-ride a veto is 26 votes.  In the House it is 74 votes.  In other words, the Senate had enough votes and the House would have only needed to flip 3 votes.  Of course, given fear of losing support of the Govenor, the legislature wouldn’t over-ride the Governor’s veto even if the votes were there.  This recently happened in Missouri where the Republican Legislature overrode the Democrat Governor’s veto on pro-gun legislation.

In fact, even the Liberal Huffington posts seem to suggest gun free zones are a bad idea.

You Betcha! (17)Nuh Uh.(0)

An Open Letter to Gov. Snyder – You need gun owners

Phillip Hofmeister (President of Michigan OPen Carry, Inc.) addresses Governor Rick Snyder of Michigan regarding his stance on guns.

Governor Snyder,

I am a frank man, as many people who know me could echo to you, so I will get straight to the point: you need gun owners this November.  I know you have read the polling numbers, it’s real close — you might lose.  Those few ten-thousand gun owners that won’t vote for you (along with me) may make the difference.  Aside from the people who mindlessly follow the NRA, you don’t have them.  I know many of them are planning to do one of the following regarding their vote for Governor: under-vote, vote third party (Libertarian or Constitutional), or vote for Mark Schauer (just to teach you and the Republicans a lesson).

I’m not sure which I will do yet, but I do know this: I won’t be voting for you. The purpose of this letter is to express what you can do to win my vote (and more importantly my personal support and endorsement).  It’s simple, really.  I only ask you to do 2 things:

  1. Work with the State Legislature as well as Michigan Open Carry, Michigan Coalition of Responsible Gun Owners, and Michigan Gun Owners in sincerity and earnest to repeal MCL 28.425o and have the repeal signed into law before November’s election.  If you don’t know how to contact those organizations, that’s okay – your chief legislative assistant (Mr. Posthumus) does.  This move will make a huge electoral impact as Michigan has approximately 450,000 CPL holders — most of them active voters.  If you’re looking for legislative Sponsors I would consider approaching Sen. Mike Green or Rep. Joel Johnson.
  2. Send an open, published letter to State Republican Chair Bobby Schostak (and his successor, should he be replaced next cycle) that says the following: if the State Party holds its convention in a venue that bans firearms, you will not attend.

Yes, between now and November the NRA-ILA will sing your praise for passing its FOIA Package.  I will yell just as loudly, that FOIA package accomplished nothing.  Here’s the thing you and the NRA-ILA don’t want people to know: these records were already exempt from FOIA under Mager V. Department of State Police (Michigan Supreme Court, 1999, 460 Mich. 134).  I will make sure as many people know this simple fact as possible — that despite all the NRA’s praise, signing this bill accomplished nothing.

So really, that’s it — those two, small things.  Let’s face it: the anti-gunners are already going to vote for Mark Schauer so you won’t be losing their vote as it has already been lost.  Not to mention, the number of pro-gun voters in Michigan seemingly far surpasses the number of anti-gun voters.  All you have is gain.  Do these two things and I will travel the state with you as well as sing your praise on every social media.

 

I look forward to working with you to accomplish these goals.  Mr. Posthumus knows how to contact me.

Rick Snyder

Rick Snyder is no friend of Gun Owners, at present.

You Betcha! (25)Nuh Uh.(0)

Calling Mi GOP, Do you really support gun rights?

Mi GOP Supports gun rights, right? Nah The death of a perception...

Many of you may be aware that I was asked to disarm nearly a year and a half ago at the Michigan GOP State Convention.  Just a few weeks ago (8/23/2014) at the Michigan GOP State Convention in Novi, my dear colleague and good friend Tom Lambert (Vice-President of Michigan Open Carry, Inc) followed in my footsteps of having my rights disregarded or minimized by the GOP.

You Betcha! (29)Nuh Uh.(1)

I don’t smoke pot, but I think you should be able to

The War on drugs must end: not working, causes violence, started in racism, many drugs have medical uses, and it just plain costs too much.

First, let me talk about me for a moment.  I consider myself a Republican.  I am a precinct delegate, a member of the Ingham County Republican Executive Committee, and a frequent delegate/alternate to State Republican Conventions.  Let me also say this: I don’t smoke pot.  By that I mean, I tried it — once.  It wasn’t for me. I have seen people who have been addicted to it and them getting admitted in Addiction treatment center delray beach.  I don’t judge people who do.  It could be completely legal and I don’t see myself partaking in it.  Point being, I’m hardly a  stoner or a druggy: I don’t have a dog in this fight.

So, that’s me.  Now to the issue: we need to end prohibition.  I know the headline lured you in thinking I was just talking about Marijuana.  WRONG! I’m talking about all of it: Marijuana, Meth, Crack, Cocaine, Heroin, you name it.  Why?  Let me lay out a few reasons.

1. The War on Drugs Simply isn’t Working!

Yep, that’s right, the war has been going on for decades and we are losing, folks.  Back in the early 1900’s, when there was no prohibition the percentage of the population that used what we now consider to be illegal drug as compared to now was actually less.  Trillions of dollars spent on the war — how can this be?!?!

By continuing prohibition, you’re actually making an incentive for people to push drugs and I mean push them hard.  If these things are a commodity you can buy at any corner store, the profit margin on this stuff is going to be lower — much, much lower.  Right now there is a huge profit margin which makes opportunity for adventuring black market entrepreneurs.  With a lower profit margin, these things become far less profitable to “push” on a person to person basis.

You Betcha! (7)Nuh Uh.(10)

Snyder is a no-good piece of **** on guns

The thoughts of Michigan Open Carry, Inc's president on Rick Snyder.

I know I’m preaching here to many that already know this. I’ve said it before, but I feel the need to say it again. Rick Snyder is a no good piece of “s” when it comes to gun owners. It’s my humble opinion that we would be much farther along in Michigan if Virg Bernero had be elected governor in 2010.

Is Virg a strong pro-gun politician? Far from it — exactly the opposite, in fact. If Virg was dictator, every gun would be banned. That being said, Virg is a Democrat. Why is that important? In 2011/2012 we had well over 2/3rds Republicans in the State Senate. The State House was just short of a 2/3rd Republican majority. Given this, it was like pulling teeth to get both houses to adopt pro-gun legislation. Why? RICK! Both the Speaker and the Senate Majority Leader have over the past 3 years done nothing but carry the water for our dear Governor. You see, you don’t get to become the Speaker of the House nor the Senate Majority leader by willfully breaking the 11th commandment: thou shalt not speak ill of a fellow Republican. Both of these guys and most of the Republicans in the legislature won’t pass something unless Rick is okay with it.

As it happens, Rick isn’t very pro-gun for a Republican. It’s rumored his roommate was shot in college and that has made a long term impression on him regarding guns.

If Virg had been elected, on the other hand, the super-majority pro-gun legislator would have sent him pro-gun legislation, just to spite him because he’s a Democrat. Of course, he would have veto’d it — but that is okay. With 2/3rds of each chamber we would have easily over-ridden his veto. Regarding the 2 or 3 missing votes (Republican wise) in the House, I could have found them on the Democrat side of the aisles in people like Richard LeBlanc in 2011/2012. I maintain if Virg had been elected, Michigan would be a constitutional carry state right now with fewer Pistol Free Zones.

Now, I’m not going to tell anyone how to vote this year…but I plan to vote for a Republican legislator and a Democrat Governor — even if said Democrat is flaming anti-gun.

 

These thoughts are the views of Phillip Hofmeister and do not necessarily reflect the views or positions of Michigan Open Carry, Inc.

You Betcha! (18)Nuh Uh.(9)