SENATE BILL No. 63
January 16, 2013, Introduced by
Senators PAVLOV, JONES, GREEN, CASPERSON, MEEKHOF,
PROOS, JANSEN, BRANDENBURG,
HILDENBRAND, NOFS, COLBECK, EMMONS and
MARLEAU and referred to the
Committee on Judiciary.
A bill to create the
Michigan firearms freedom act; to make
certain findings
regarding intrastate commerce; to prohibit federal
regulation of
firearms, firearms accessories, and ammunition
involved purely in
intrastate commerce in this state; to provide
for certain exceptions
to federal regulation; and to establish
certain manufacturing
requirements.
THE
PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall
1 be known and may be cited as the
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"Michigan firearms freedom act".
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Sec. 2. The legislature finds all of the following:
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(a) Amendment X of the constitution of the United States
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guarantees to the states and their people all powers not granted to
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the federal government elsewhere in the constitution and reserves
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to the state and people of Michigan certain powers as they were
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understood at the time
that Michigan was 1 admitted to statehood on
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January 26, 1837. The guaranty of those powers is a matter of
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contract between the state and people of Michigan and the United
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States as of the time that the compact with the United States was
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agreed upon and adopted by Michigan and the United States.
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(b) Amendment IX of the constitution of the United States
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guarantees to the people rights not granted in the constitution and
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reserves to the people of Michigan certain rights, as they were
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understood at the time that Michigan was admitted to statehood. The
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guaranty of those rights is a matter of contract between the state
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and people of Michigan and the United States as of the time that
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the compact with the United States was agreed upon and adopted by
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Michigan and the United States.
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(c) The regulation of intrastate commerce is vested in the
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states under amendments IX and X of the constitution of the United
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States, particularly if not expressly preempted by federal law.
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Congress has not expressly preempted state regulation of intrastate
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commerce pertaining to the manufacture on an intrastate basis of
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firearms, firearms accessories, and ammunition.
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(d) Amendment II of the constitution of the United States
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reserves to the people the right to keep and bear arms as that
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right was understood at the time that Michigan was admitted to
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statehood, and the guaranty of the right is a matter of contract
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between the state and people of Michigan and the United States as
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of the time that the compact with the United States was agreed upon
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and adopted by Michigan and the United States.
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(e) Section 6 of article I of the state constitution of 1963
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clearly secures to
Michigan citizens, 1 and prohibits government
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interference with, the right of individual Michigan citizens to
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keep and bear arms. This constitutional protection is unchanged
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from the original Michigan constitution, which was approved by
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congress and the people of Michigan, and the right exists, as it
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was understood at the time that the compact with the United States
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was agreed upon and adopted by Michigan and the United States.
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Sec. 3. A personal firearm, a firearm accessory, or ammunition
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that is manufactured commercially or privately in Michigan and that
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remains within the borders of Michigan is not subject to federal
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law or federal regulation, including registration, under the
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authority of congress to regulate interstate commerce. It is
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declared by the legislature that those items have not traveled in
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interstate commerce. This section applies to a firearm, a firearm
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accessory, or ammunition that is manufactured in Michigan from
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basic materials and that can be manufactured without the inclusion
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of any significant parts imported from another state. Generic and
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insignificant parts that have other manufacturing or consumer
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product applications are not firearms, firearms accessories, or
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ammunition, and their importation into Michigan and incorporation
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into a firearm, a firearm accessory, or ammunition manufactured in
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Michigan does not subject the firearm, firearm accessory, or
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ammunition to federal regulation. It is declared by the legislature
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that basic materials, such as unmachined steel and unshaped wood,
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are not firearms, firearms accessories, or ammunition and are not
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subject to congressional authority to regulate firearms, firearms
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accessories, and ammunition under interstate commerce as if they
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were actually
firearms, firearms 1 accessories, or ammunition.
The
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authority of congress to regulate interstate commerce in basic
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materials does not include authority to regulate firearms, firearms
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accessories, and ammunition made in Michigan from those materials.
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Firearms accessories that are imported into Michigan from another
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state and that are subject to federal regulation as being in
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interstate commerce do not subject a firearm to federal regulation
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under interstate commerce because they are attached to or used in
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conjunction with a firearm in Michigan.
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Sec. 4. Section 3 does not apply to any of the following:
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(a) A firearm that cannot be carried and used by 1 person.
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(b) A firearm that has a bore diameter greater than 1-1/2
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inches and that uses smokeless powder, not black powder, as a
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propellant.
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(c) Ammunition with a projectile that explodes using an
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explosion of chemical energy after the projectile leaves the
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firearm.
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(d) A firearm that discharges 2 or more projectiles with 1
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activation of the trigger or other firing device.
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Sec. 5. A firearm manufactured or sold in Michigan under this
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act shall have the words "Made in Michigan" clearly stamped
on a
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central metallic part, such as the receiver or frame.
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Sec. 6. This act applies to firearms, firearms accessories,
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and ammunition that are manufactured and retained in Michigan on or
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after October 1, 2013.
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Sec. 7. As used in this act:
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(a) "Borders of Michigan" means the boundaries of Michigan
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established 1
for purposes of statehood.
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(b) "Firearms accessories" means items that are used in
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conjunction with or mounted upon a firearm but are not essential to
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the basic function of a firearm, including, but not limited to,
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telescopic or laser sights, magazines, flash or sound suppressors,
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folding or aftermarket stocks and grips, speedloaders, ammunition
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carriers, and lights for target illumination.
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(c) "Generic and insignificant parts" includes, but is not
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limited to, springs, screws, nuts, and pins.
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(d) "Manufactured" means that a firearm, a firearm
accessory,
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or ammunition has been created from basic materials for functional
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usefulness, including, but not limited to, forging, casting,
13 machining, or other processes for working materials.
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