January 20, 2015, Introduced by Senator PAVLOV 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 be known and may be cited as the
"Michigan firearms freedom act".
Sec. 2. The legislature finds all of the following:
(a) Amendment X of the constitution of the United States
guarantees to the states and their people all powers not granted to
the federal government elsewhere in the constitution and reserves
to the state and people of Michigan certain powers as they were
understood at the time that Michigan was admitted to statehood on
January 26, 1837. The guaranty of those powers is a matter of
contract between the state and people of Michigan and the United
States as of the time that the compact with the United States was
agreed upon and adopted by Michigan and the United States.
(b) Amendment IX of the constitution of the United States
guarantees to the people rights not granted in the constitution and
reserves to the people of Michigan certain rights, as they were
understood at the time that Michigan was admitted to statehood. The
guaranty of those rights is a matter of contract between the state
and people of Michigan and the United States as of the time that
the compact with the United States was agreed upon and adopted by
Michigan and the United States.
(c) The regulation of intrastate commerce is vested in the
states under amendments IX and X of the constitution of the United
States, particularly if not expressly preempted by federal law.
Congress has not expressly preempted state regulation of intrastate
commerce pertaining to the manufacture on an intrastate basis of
firearms, firearms accessories, and ammunition.
(d) Amendment II of the constitution of the United States
reserves to the people the right to keep and bear arms as that
right was understood at the time that Michigan was admitted to
statehood, and the guaranty of the right is a matter of contract
between the state and people of Michigan and the United States as
of the time that the compact with the United States was agreed upon
and adopted by Michigan and the United States.
(e) Section 6 of article I of the state constitution of 1963
clearly secures to Michigan citizens, and prohibits government
interference with, the right of individual Michigan citizens to
keep and bear arms. This constitutional protection is unchanged
from the original Michigan constitution, which was approved by
congress and the people of Michigan, and the right exists, as it
was understood at the time that the compact with the United States
was agreed upon and adopted by Michigan and the United States.
Sec. 3. A personal firearm, a firearm accessory, or ammunition
that is manufactured commercially or privately in Michigan and that
remains within the borders of Michigan is not subject to federal
law or federal regulation, including registration, under the
authority of congress to regulate interstate commerce. It is
declared by the legislature that those items have not traveled in
interstate commerce. This section applies to a firearm, a firearm
accessory, or ammunition that is manufactured in Michigan from
basic materials and that can be manufactured without the inclusion
of any significant parts imported from another state. Generic and
insignificant parts that have other manufacturing or consumer
product applications are not firearms, firearms accessories, or
ammunition, and their importation into Michigan and incorporation
into a firearm, a firearm accessory, or ammunition manufactured in
Michigan does not subject the firearm, firearm accessory, or
ammunition to federal regulation. It is declared by the legislature
that basic materials, such as unmachined steel and unshaped wood,
are not firearms, firearms accessories, or ammunition and are not
subject to congressional authority to regulate firearms, firearms
accessories, and ammunition under interstate commerce as if they
were actually firearms, firearms accessories, or ammunition. The
authority of congress to regulate interstate commerce in basic
materials does not include authority to regulate firearms, firearms
accessories, and ammunition made in Michigan from those materials.
Firearms accessories that are imported into Michigan from another
state and that are subject to federal regulation as being in
interstate commerce do not subject a firearm to federal regulation
under interstate commerce because they are attached to or used in
conjunction with a firearm in Michigan.
Sec. 4. Section 3 does not apply to any of the following:
(a) A firearm that cannot be carried and used by 1 person.
(b) A firearm that has a bore diameter greater than 1-1/2
inches and that uses smokeless powder, not black powder, as a
propellant.
(c) Ammunition with a projectile that explodes using an
explosion of chemical energy after the projectile leaves the
firearm.
(d) A firearm that discharges 2 or more projectiles with 1
activation of the trigger or other firing device.
Sec. 5. A firearm manufactured or sold in Michigan under this
act shall have the words "Made in Michigan" clearly stamped on a
central metallic part, such as the receiver or frame.
Sec. 6. This act applies to firearms, firearms accessories,
and ammunition that are manufactured and retained in Michigan on or
after October 1, 2015.
Sec. 7. As used in this act:
(a) "Borders of Michigan" means the boundaries of Michigan
established for purposes of statehood.
(b) "Firearms accessories" means items that are used in
conjunction with or mounted upon a firearm but are not essential to
the basic function of a firearm, including, but not limited to,
telescopic or laser sights, magazines, flash or sound suppressors,
folding or aftermarket stocks and grips, speedloaders, ammunition
carriers, and lights for target illumination.
(c) "Generic and insignificant parts" includes, but is not
limited to, springs, screws, nuts, and pins.
(d) "Manufactured" means that a firearm, a firearm accessory,
or ammunition has been created from basic materials for functional
usefulness, including, but not limited to, forging, casting,
machining, or other processes for working materials.