LANSING, MI — Republican Senators introduced a bill to prohibit federal regulation of Michigan-made firearms that stay within the state.
The move came on the same day President Barack Obama asked Congress to reinstate bans on military-style assault weapons and high-capacity ammunition magazines and to pass universal background checks for gun purchases. The recent push for gun control reform was prompted by the tragic elementary school shooting in Newtown, Conn.
Firearms, ammunition or accessories that are manufactured and sold in Michigan would not be subject to federal regulations under the bill.
The Michigan firearms freedom act is similar to laws passed in eight states and introduced in several others, according to firearmsfreedomact.com.
The federal Bureau of Alcohol, Tobacco, Firearms and Explosives has issued letters to states that have passed the laws, stating that federal law supersedes the state laws, and all provisions of the Gun Control Act and the National Firearms Act continue to apply.
Gun rights groups in Montana filed a lawsuit in support of the law. The suit was dismissed by a U.S. District Court judge and has been appealed to the Circuit Court.
Sen. Phil Pavlov, R-St. Clair Township, is the primary sponsor. He introduced the same bill as a representative in 2009 that never made it out of committee. He is joined by a dozen other Republican Senators in sponsoring the latest bill.
Pavlov said that Wednesday was the first day Senators could introduce bills for the new session.
He said he’s not shocked at the ATF’s response to other states, and said the bureau is “overreaching into areas where they don’t belong.”
“We’re under a constant threat by the federal government to infringe on our Second Amendment rights,” he said. “With the environment today, we need to be standing up for our states rights and our Second Amendment rights.”
Pavlov said his previous bill never got a hearing because it was in a Democratic-controlled House. He’s more optimistic for the bill’s chances with Republicans in the majority.
Sen. Democratic Leader Gretchen Whitmer of East Lansing said she hoped 2013 would start off better than last year ended, but this bill suggests that might not be the case.
"Aside from the fact that any first year law student could tell you this bill violates the supremacy clause of our nation's constitution, how out of touch does a Senator have to be to even think it's appropriate to nullify federal firearm regulations at a time when Americans are asking federal and state officials to develop smarter and more comprehensive gun laws to keep our kids safe?" she asked.
Left-leaning advocacy group Progress Michigan criticized the bill for “copying” off other states.
“It’s ridiculous and offensive that lawmakers think it’s acceptable to take orders from fringe groups and online message boards that talk openly of nullifying federal laws. It’s time for lawmakers to stop pushing this model legislation on the people of Michigan,” Progress Michigan Executive Director Zack Pohl said in a statement.
Members of Michigan-based gun owner groups support the legislation.
“It would allow for commerce in state to still flourish if there were certain items we felt should still be produced … as long as the state felt they didn’t have an issue with violence with a certain type of gun system or magazines…” said Jeff LaFave, president of Michigan Gun Owners.
Steve Dulan, a law professor and board member with the Michigan Coalition for Responsible Gun Owners, said he thinks the bill is legal based on the U.S. Constitution, but he’s not sure how various judges would rule on it.
