Michigan AG: Capitol Commission Can Ban Guns In Building

MICHIGAN — The Michigan State Capitol Commission has the legal authority to prohibit the presence of firearms in the state Capitol if it so choose to do so, according to the state's attorney general.

Michigan Attorney General Dana Nessel said the authority to make that decision is consistent with the current state of the law regarding guns in public buildings and sent a letter to the commission informing them of that.

“The capitol is a place for free expression of thought and debate," Nessel said. "But the freedom of civil discourse does not imply the right to threaten others with harm or violence. In our current environment and as the chief law enforcement officer in this state, I am gravely concerned for the safety of both our legislative members and the public at large."

During recent demonstrations at the capitol, many people protested the governor's stay-home order while carrying guns. The protests lead to some lawmakers and other capitol employees to express that they felt threatened and feared for their safety.

Nessel said the only way to ensure violence does not occur in the capitol is to not allow anyone outside of security and police to carry guns in the building.

"The employees at our capitol and members of the public who visit are entitled to all the same protections as one would have at a courthouse and many other public venues," Nessel said. "Public safety demands no less, and a lawmaker’s desire to speak freely without fear of violence requires action be taken.”

Nessel wrote in her letter to commissioners that the commission, which manages the capitol grounds and building, has the legal authority to ensure the “safety of the visiting public, as well as those who carry out the People’s work by prohibiting firearms within the Capitol building.”

Nessel said that the regulation of firearms generally stems from state statute, but the prohibition of firearms from public spaces does not need to originate from the Legislature.

The Michigan Supreme Court, for example, adopted an administrative order that bars firearms from any courtroom, office or other space used for official court business or by judicial employees without prior approval. That order applies to open carry of firearms as well, Nessel notes, as it was cited in a Court of Appeals decision in an open carry challenge to a school district prohibition of weapons on school grounds.

“The concept of ‘open carry’ in Michigan law does not provide the unfettered right to bring firearms into any public space,” Nessel wrote in her letter.

The Supreme Court also ruled that state law, which preempts regulations by local units of government, does not apply to school districts. Therefore, a non-local unit of government — such as a school district, the supreme court or the Michigan State Capitol Commission — may lawfully impose regulations that impact firearms.

Nessel notes in her letter that residents are currently permitted to enter the Capitol while clad in body armor and armed with high-capacity loaded semi-automatic assault weapons.

“This is permitted during active legislative sessions and during moments of controversial debate where emotions and passions are known to run hot,” she wrote. “At the risk of stating the obvious, this is an absurdly dangerous combination that would cause the heart of any security expert to skip a beat.”