(Source: MIRS.news, Published 08/16/2023) The new Capitol building security policy and weapons ban now includes an exemption for currently serving state lawmakers with a concealed carry permit, the Michigan State Capitol Commission (MSCC) voted 4-2 Wednesday.
The decision to include the amendment is a move forecasted by MSCC Chair Bill Kandler earlier this month, and a 180-degree turn from the initial plan, which was brought forward before the Commission on July 31.
Active lawmakers will join members of the Michigan State Police (MSP), House and Senate Sergeants at arms, active duty law enforcement, federal enforcement agents and private security personnel in being exempted from the ban.
The lawmaker exemption was the only change made to the security plan before it was approved.
Kandler and Vice Chair Joan Bauer both voted no on the amendment, while Tim Bowlin, John Bollman, Rich Brown and Dan Oberlin were yes votes.
Kandler said he’s been opposed to the amendment from the beginning.
“I just don’t see the need for it,” he said. “The people doing business in this building, the legislators, are probably the most protected people in the city, maybe the state. They have three police forces protecting them.”
Kandler added that the language could potentially allow almost 150 additional guns in the Capitol building.
“Not in the city,” he said. “In the Capitol. One building. I just don’t think that’s appropriate.”
Bauer also expressed her disappointment that the amendment passed, but added that she’s pleased to move forward with the security procedure overall.
“The commission has the authority, and as our chair often says, the responsibility, to be sure that the people in this building, visitors, staff and hundreds of thousands of school children are safe,” she said. “It’s too bad in the current climate that we have to do this… but I think it’s a step in the right direction, in terms of making this wonderful, historic building safer.”
Bowlin, who brought forward the amendment, said it was included after lawmakers on both sides requested it.
“So the Commission gave a commitment,” he said.
When asked how many lawmakers could be carrying in the Capitol, Bowlin said it could be as many as 148.
“I don’t know how many have a concealed weapon permit,” he said. “I have a feeling we’ll find out pretty soon.”
He said the procedure for revealing how many legislators have concealed carry permits has not been entirely ironed out yet, but the procedures for the Capitol, House Office Building and, hopefully, the Senate Building will be uniform.
Bowlin said the carve-out for legislators allowed the Commission to move forward, increase security and protect the public, which he said has been a goal of his since 9/11.
“It’s been tough because being open to the public is something that we want to maintain at all times, as well,” he said. “It wasn’t until newer technology that we found we could do something a little more progressive.”
The Capitol procedure is now approved, and the House Office Building has also installed metal detectors, but the Senate doesn’t yet have anything in place, Bowlin said.
He said including the Senate is “certainly my hope,” and conversations with Senate Majority Leader Winnie Brinks (D-Grand Rapids) are ongoing.
Bowlin said the hesitation on Brinks’ part stems from Attorney General Dana Nessel’s opinion, which gives the commission power to pass safety procedures for the Capitol.
He said there are still some questions about whether or not the Commission has authority without legislation to restrict weapons access on the House and Senate sides of the building.
“We’d really like to be a little more methodical as to making sure that we have everything in place before we implement this," he said.
Bowlin said at this point, he believes both chambers have drafts of this legislation.
At the moment, the Capitol pass-through equipment, intended to enforce the weapon ban, will cost $170,000 annually, not including potential secondary equipment, like x-ray machines, or costs in the House and Senate.
Kandler said so far, the response to the weapons system has been positive, more so than he initially expected.
“Anywhere you go in any state Capitol, any state building here, libraries, museums, sporting events, everybody goes through or has experienced going through these weapons detection systems,” he said, “so it’s nothing new for most people.”
When asked about the possibility of future amendments, Kandler said the Commission is “always open to ideas.
“We’ll see how it works,” he said.
Kandler was also asked by MIRS if the carveout for legislators will be enough to ease the concerns of legislators who say the Capitol weapons ban is an overreach and violation of constitutional rights, including Rep. Angela Rigas (R-Alto), who said she will “continue to carry my weapon,” despite any “cowardly resolution” from the MSCC.
Kandler responded, “I don’t know for sure.
“I'm not concerned about the Second Amendment issues, because we're really not involved in any kind of effort to interfere with somebody owning a gun,” Kandler said. “We’re just saying you can’t bring it into the Capitol.”
Rep. Phil Green (R-Millington), chair of the Second Amendment, pro-gun legislative caucus, told MIRS he still questions the authority of the MSCC to make this decision, but is thankful it honored the Michigan Constitution and included the exemption for lawmakers.
But Sen. Michele Hoitenga (R-Manton) criticized the decision, and said "law-abiding citizens shouldn’t be forced to give up their rights when visiting their state Capitol.
She said all concealed carry permit holders receive state-licensed instruction and have demonstrated proficiency in firearm safety.
“Thankfully, there has never been an incident of gun violence at our state Capitol, but that sadly cannot be said for other ‘gun-free zones,'" Hoitenga said. “The money that the Capitol Commission is spending to prevent Michigan residents from protecting themselves in the Capitol would be better used improving student safety at our schools.”
She said if Democrats want to “trample on the constitutional rights of Michigan residents who want to visit the historic Capitol building, they should at least have the guts to do it themselves.”
