house Resolution No.55

Reps. Fink, Steven Johnson, Damoose, LaFave, Filler, Green, Huizenga, Outman, Maddock, Beeler, Carra, Markkanen, Meerman, Brann and Yaroch offered the following resolution:

A resolution to firmly affirm support for the preservation of the Second Amendment and to express the sense of the House of Representatives regarding federal laws that infringe on the right to bear arms.

Whereas, The Michigan House of Representatives is firmly resolved to support and defend the Constitution of the United States; and

Whereas, Acting through the Constitution of the United States, the people of the United States created the federal government to be their agent in the exercise of defined powers, while reserving to the state governments the power to legislate on matters which concern the lives, liberties, and properties of citizens in the ordinary course of affairs; and

Whereas, The Ninth Amendment to the Constitution of the United States recognizes that the rights enumerated in the Constitution of the United States are not exclusive, as the people possess other natural rights which predate any codification; and

Whereas, The limitation of the federal government's power is expressed in the Tenth Amendment to the Constitution of the United States, which declares that all powers not delegated to the United States in the Constitution of the United States are reserved to the states respectively, or to the people themselves; and

Whereas, Federal laws that restrict or prohibit the manufacture, ownership, and use of firearms, firearm accessories, or ammunition exclusively within the borders of Michigan exceed the powers granted to the federal government, except to the extent that they are necessary and proper for the government and regulation of the land and naval forces of the United States or for organizing, arming, and disciplining militia forces actively employed in the service of the United States Armed Forces; and

Whereas, Article I, Section 8 of the Constitution of the United States provides the federal government with the power to regulate interstate commerce, but does not grant the United States general police powers or any authority to adopt legislation which infringes on the rights guaranteed in the Second Amendment; and

Whereas, Neither can the federal government’s power to tax be legitimately used in order to diminish in any way the people's right to keep and bear arms; and

Whereas, The people of Michigan have vested the Michigan Legislature with the authority to regulate the manufacture, possession, exchange, and use of firearms within this state's borders, subject only to the limits imposed by the Constitution of the United States and the Constitution of the State of Michigan of 1963; now, therefore be it

Resolved by the House of Representatives, That we affirm our support for the preservation of the civil rights protected by the Constitution of the United States, including those safeguarded by the Second Amendment; and be it further

Resolved, That we express the sense of the House of Representatives that all federal acts, laws, orders, rules, and regulations, whether past, present, or future, which infringe on the people's right to keep and bear arms as guaranteed by the Second Amendment to the Constitution of the United States are a violation of the civil rights of the people of this state, and should be repealed as inconsistent with the Constitution of the United States and deemed unenforceable in any court proceeding; and be it further

Resolved, That such federal acts, laws, orders, rules, and regulations include, but are not limited to, provisions of the federal National Firearms Act of 1934; the federal Gun Control Act of 1968; any tax, levy, fee, or stamp imposed on firearms, firearm accessories, or ammunition not common to all other goods which impose undue burdens on the purchase or ownership of those items by law-abiding citizens; any registering or tracking of firearms, firearm accessories, or ammunition which could suppress the purchase or ownership of those items by law-abiding citizens; any registering or tracking of the owners of firearms, firearm accessories, or ammunition which could discourage the purchase or ownership of those items by law-abiding citizens; any act forbidding the possession, ownership, or use or transfer of any type of firearm, firearm accessory, or ammunition by law-abiding citizens; or any act ordering the confiscation of firearms, firearm accessories, or ammunition from law-abiding citizens; and be it further

Resolved, That we express the sense of the House of Representatives that it is the duty of the courts and law enforcement agencies of this state to protect the rights of law-abiding citizens to keep and bear arms within the borders of this state from infringements on the right to bear arms.