Michigan HB4457, a bill to provide that any federal law that attempts to ban certain firearms or magazines is unenforceable in this state; to provide for the powers and duties of certain state officers; to prohibit the enforcement of certain federal laws; and to prescribe penalties was introduced on March 14, 2013, by Representative Bill Rogers and sent to the Judiciary Committee.

At a recent Southeast Michigan Tea Party Meeting, a Northern Michigan Legislator advised that a bill similar to this Firearm Protection Act was introduced at the end of 2012.  HB5232, as it was known then, stalled after encountering opposition from state Democrats, who held a legislative majority at the time.   It was introduced after the Sandy Hook tragedy when people were reeling from that event. This is a second attempt to get a nullification of any Federal ban on firearms manufactured, sold or owned in the State of Michigan.

A public servant or dealer that sells a firearm in this state shall not enforce or attempt to enforce any act, law,
statute, rule, or regulation of the United States government relating to a personal firearm, firearm accessory, or ammunition that is owned or manufactured exclusively within the borders of this state.

Any official, agent, or employee of the United States government who enforces or attempts to enforce any act, order, law, statute, rule, or regulation of the United States government upon a  personal firearm, a firearm accessory, or ammunition that is owned or manufactured commercially or privately in this state and that remains exclusively within the borders of this state is guilty of a felony punishable by imprisonment for not less than 1 year and 1 day or more than 5 years or a fine of not more than $5,000.00.  

Any federal law, rule, regulation, or order created or effective on or after January 1, 2013 is unenforceable within the
borders of this state if the law, rule, regulation, or order attempts to do either of the following:

1. Ban or restrict ownership of a semi-automatic firearm or
any magazine of a firearm.

2. Require any firearm, magazine, or other firearm accessory
 to be registered in any manner.

 Currently, there are not any large gun manufacturers in Michigan, although there are companies making accessories for weapons  that would fall under the parameters described in the bill.

The bill was written to only include guns manufactured, sold or owned in Michigan using the 9th and 10th Amendments to protect states’ rights to regulate items not involved in interstate commerce.

Twenty-four other Michigan State Representatives have signed on to co-sponsor this bill.

ACTION ITEMS:

1. Contact the Judicial Committee Chairman. Urge him to schedule a hearing and advise him you want him to vote YES on HB4457

Representative Kevin Cotter – 517.373.6339

2. Contact all the other Members of the Judicial Committee.  Advise them that you would like them to vote YES on HB4457.

Contact information for the Judicial Committee Members here.

Linda McDonald

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