Tag Archive for Pistol free zones

Firearms, Michigan, Opinion, Philosophy

Huron Valley School leaders think feelings trump State law on guns

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Government officials breaking the law without care or regard

Article originally posted on Michigan Open Carry, Inc.

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:

  • Don’t commit Treason
  • Slavery

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?

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Firearms, Michigan, Michigan Politics, Opinion, Republicans

Rick Snyder on Gun Free Zones

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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 28.425o — nearly 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.

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All the Other Stuff, Elections, Firearms, Michigan, Michigan Politics, Opinion, Republicans

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

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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.

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