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May 8, 2020

VIA EMAIL

Clerk Gary Randall

Michigan State Capitol Commission
State Capitol, Room H-70
Lansing, Michigan 48909

Re: Prohibiting Firearms Within the Michigan State Capitol

Clerk Randall,

We are writing to request that the Michigan State Capitol Commission prohibit
firearms within the Michigan State Capitol building, effective immediately. In
particular, we are gravely concerned about open carry in the statehouse. The gravity of
this matter cannot be overstated. The presence of firearms in the Capitol, especially the
open carry of assault-style weapons, chills Michiganders’ constitutionally protected
rights to speak, assemble, and petition their government. The Commission’s current
policy invites armed intimidation of legislators, staff, and members of the general
public that is injurious to the legislative process and undermines representative
democracy. Recent events at the Capitol have left many of our colleagues and
constituents disturbed and deeply concerned for their safety and well-being.

We each recognize and appreciate the right to bear arms, as guaranteed by both the
United States and Michigan Constitutions. However, as Justice Antonin Scalia wrote in
the U.S. Supreme Court’s seminal District of Columbia v Heller opinion: “the right
secured by the Second Amendment is not unlimited. . . [T]he right was not a right to
keep and carry any weapon whatsoever in any manner whatsoever and for whatever
purpose.” 554 US 570, 626; 128 S Ct 2783, 2816; 171 L Ed 2d 637 (2008). A review of
the relevant legal authority makes it readily apparent that neither the Constitution nor
any Michigan statute bars the Commission from adopting a prohibition on firearms
within the Capitol. In fact, in Heller, the Court explicitly noted that nothing in the
Court’s “opinion should be taken to cast doubt on longstanding . . . laws forbidding the
carrying of firearms in sensitive places such as schools and government
buildings. . .” Id. at 626-27 (emphasis added).

No Michigan law provides for the open carry of firearms. It is permitted because there
is no statute prohibiting the practice. However, as noted in Heller, the right to bear
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arms is not unlimited. The Legislature has already adopted a number of limitations on
who may openly carry a firearm and on which premises and on who may carry a
concealed pistol. For example, MCL 750.234d makes it a misdemeanor for an individual
to possess a firearm in a number of enumerated premises with certain exceptions.
Similarly, MCL 28.425o prohibits a person with a valid concealed pistol license (CPL)
from carrying concealed in certain premises. It is our understanding that the
Commission has heretofore interpreted the fact that open carry is generally permitted
elsewhere, and that no statute affirmatively bans firearms from the Capitol specifically,
to mean that Commission lacks the power to prohibit or otherwise regulate firearms
within the Capitol and on the grounds. However, while that interpretation may serve
the policy preferences of certain legislative leaders and admittedly allows the
Commission to avoid frivolous litigation from those who would challenge any
prohibition of firearms, it is not, in fact, an accurate statement of the law or the
Commission’s authority.

Where the Legislature has intended to prohibit specific units of government from
regulating firearms, it has done so explicitly. See MCL 123.1102. No such prohibition
exists in statute for the Commission. In the absence of such a prohibition, the
Commission may act. In fact, the Michigan Supreme Court has already addressed a
remarkably similar circumstance in Michigan Gun Owners, Inc. v Ann Arbor Public
Schools, 502 Mich 695, 918 NW2d 756 (2018). The Ann Arbor Public Schools (AAPS)
adopted a policy prohibiting the possession of firearms, including otherwise permitted
open carry by CPL licensees, on property owned or leased by AAPS during certain
times. The policy did permit concealed carry in alignment with the requirements of
MCL 28.425o. When the policy was challenged, the Michigan Supreme Court rejected
the notion that such a policy was expressly or impliedly preempted by state law and
characterized this conclusion as “straightforward.” Michigan Gun Owners, 502 Mich at
711. The Court observed that schools had not been preempted by the Legislature from
regulating firearms “quite possibly for reasons not difficult to imagine.” Id. We would
submit to the Commission that many of those reasons explain why the Capitol
Commission has not been prohibited from banning firearms in the Capitol and why, as
noted above, the U.S. Supreme Court has gone out of its way to explicitly take note of
the constitutionality of forbidding firearms in government buildings. Our request to
this Commission is nothing more than that you adopt a policy similar to those already
sustained by our state Supreme Court.

We should also note that Michigan is a notable outlier in permitting firearms in our
State Capitol, which is likely why images of heavily armed men attempting to
intimidate legislators outside the House floor and from the Senate gallery last week
drew national shock and outrage. The policy we are requesting is in line with the
approach taken by both the federal government and numerous other states. Carrying a
firearm on the grounds or in any of the United States Capitol buildings is prohibited. 40
USC 5104(e)(1)(A)(i). States that restrict or prohibit firearms in state facilities,
including numerous prohibitions specific to state capitols, include: Alabama, Arkansas,
California, Colorado, Connecticut, Florida, Georgia, Idaho, Illinois, Iowa, Minnesota,
North Dakota, Louisiana, Nevada, South Carolina, South Dakota, Virginia, West
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Virginia, and Wisconsin. See 2011 AL OHJR 9; Ark Code Ann § 5-73-122(a)(1); Cal
Penal Code § 171c; Colo Rev Stat § 18-12-105, Conn Gen Stat § 2-1e(c); Fla Stat §
790.06(12); Ga Code Ann § 16-11-127(b)(1); Idaho EO 2004-07; 430 Ill Comp Stat
66/65(a)(3); Iowa Code § 8A.322(3); Minn Stat § 609.66, subd 1g(a); ND Cent Code §
62.1-02-05(1); La Rev Stat § 40:1379.3(N); Nev Rev Stat Ann § 218A.905(8); SC Code
Ann § 10-11-320; SD Codified Laws § 22-14-23; Virginia General Assembly Weapons
Policy; W Va Code § 61-6-19(b); Wis Stat § 941.235(1).

This Commission is charged by statute with the duty of operating and managing the
Michigan State Capitol. MCL 4.1946. It is your responsibility to ensure that legislators,
staff, and the general public are safe within the walls of our statehouse. Failing to
address the threat of armed intimidation in the Capitol is shirking that all-important
responsibility. The Commission can no longer hide behind specious claims that it lacks
the authority to act on this matter. Action is long overdue.

We respectfully request that the Commission act without delay to prohibit firearms
within the Michigan State Capitol and take any and all other steps that are necessary
to communicate and enforce such a policy.

Sincerely yours,

Christine Greig
House Democratic Leader
Michigan House of Representatives

Sarah Anthony
House Democratic Caucus Chair
Michigan House of Representatives

CEG/nat

cc: Michigan State Capitol Commission