Support MI SB 63, the Firearms Freedom Act


January 21, 2013, 10:58 AM
Michigan has joined the ranks of states that are trying to pass legislation nullifying federal gun control laws. SB 63 is our latest attempt. It was first proposed in 2009, but died in committee. We need to make sure that doesn't happen again by riding herd on our state legislators on Lansing. We need everyone on this forum from Michigan to contact your state senator and urge them to support this legislation.

I just emailed my state senators the following letter:


I am writing to you to urge you to support SB 63, the Michigan Firearms Freedom Act. The federal government has overstepped its Constitutional authority for too many years; it is time to reinstate the powers enumerated to us under the Bill of Rights, the Tenth Amendment.

The federalist hue and cry of the day is the Supremacy Clause, followed closely by the Commerce and Necessary and Proper clauses. Here is my response:

"The Preamble to The Bill of Rights

Congress of the United States
begun and held at the City of New-York, on
Wednesday the fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, IN ORDER TO PREVENT MISCONSTRUCTION OR ABUSE OF ITS POWERS, THAT FURTHER DECLARATORY AND RESTRICTIVE CLAUSES SHOULD BE ADDED: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.

ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution..." (emphasis added).

The stated intention of the Bill of Rights is to prevent the abuse of power by the federal government by restricting the very clauses to which many in the federal government have appealed as the basis for their gun control laws. Simply stated, the Amendments that make up the Bill of Rights SUPERSEDE the Supremacy, Commerce, and Necessary and Proper Clauses - regardless of whether federalist-minded judges disagree with that truth. The Bill of Rights was ratified by a veto-proof, two-thirds majority of both houses of Congress, which was absolutely necessary because Washington was opposed to many of the provisions it contained (it is interesting to note that the Preamble of the Bill of Rights says nothing about the President SIGNING it, only that it was passed by a veto-proof majority of both houses of the federal legislature and ratified by a three-fourths supermajority of the legislatures of the States). Why? Because they would have served to diminish the power of the federal government. Washington's circular letter to the governors of the States and his retirement address both declare his unswerving belief that this would be detrimental to the future of the country, that an absolutely supreme, all powerful, centralized government to which the States and the People were in absolute subservience was the only way to insure our future. We can see where Washington's beliefs have taken us as our Constitutionally-enumerated rights continue to be eroded by a power-hungry government that represents its own interests and agenda.

It is time to take our place with the ten other states that either have passed, or are in the process of passing, similar legislation, and to once again reassert the supremacy of the States over the federal government. The federal government was created by the States; the federal government is supposed to be subservient to the States. It is time to take the fight to the federal government, to remind them that the Bill of Rights placed limits on their power.

Senator, I urge you to support this bill.

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January 27, 2013, 12:52 AM
First off, here's a link for SB.63 for everyone:

Please take the time to read it. (It's pretty short actually)

Now here's my two cents:

I believe that we DO need legislation that brings Michiganders out from under the Federal Gov't, however this bill has no "OOMPH" to it. IT NEEDS MORE BALLS! It sets great boundaries for its foundation and it's a great start in a good direction, however it does need to be tweaked. It should allow for the production of NFA arms in MI to be regulated by MI and by MI alone. The fact that it doesn't gives precedence that the NFA laws of Fed Gov't hold power over it. It would be undermined too easily.

If I were a lawyer for the Fed Gov't contesting this case in the Supreme court, this is exactly the angle I would play. "We would like to note that the states lay claim to all regulation of firearms within their borders, yet defer to longstanding precedent when it comes to Federal regulation of NFA weapons. This should be of particular interest to the Court when making your decision because it is a tacit admission that the Federal Government has the right to regulate Arms."

You can praise it all you want, it doesn't change the big hole in the State's logic. It needs to be further reformed to give it more rigidity under the power of the state alone, not in combination with the laws of the Fed Gov't.

Oh, by the way here's another good link for all of those who are concerned about other states Legislation to control interstate commerce of Firearms, Firearm Accessories, and Ammunition.

January 28, 2013, 11:00 AM
I agree it looks a little vague but everyone in that state should write your reps and voice your support. Maybe they'll amend it as it gets moved along.

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