Michigan Capitol Commission bans open carry of guns inside state Capitol
Paul EganLANSING – The Michigan Capitol Commission, in a sudden reversal, voted unanimously Monday to ban the open carry of guns inside the Michigan Capitol, effective immediately.
Critics say the ban does not go far enough and the commission should ban all firearms inside the Capitol, whether they are carried openly or concealed, by anyone who is not law enforcement.
The commission had resisted such a move for years and sometimes claimed it did not have the authority to order a gun ban, despite building pressure in recent months amid angry protests, often involving armed men, inside and outside the Capitol.
That all appeared to change on Jan. 6, when a pro-Trump mob overran barricades and forced its way into the U.S. Capitol, causing significant damage and killing a Capitol police officer. One rioter was shot to death by police.
Senate Majority Leader Mike Shirkey, R-Clarklake, recently came out in favor of a ban on open carry of weapons.
Also contributing was a recent opinion from Attorney General Dana Nessel that said the commission does have the authority to ban guns.
More:Michigan State Capitol Commission meeting Monday to discuss banning open carry at Capitol
More:No weapons ban at the Michigan Capitol. For now, at least.
The FBI has issued a bulletin saying armed protests are being planned at all 50 state capitols from Jan. 16 through at least Jan. 20 and at the U.S. Capitol from Jan. 17 through at least Jan. 20, ABC News reported Monday.
Michigan State Police is increasing its "visible presence" at the state Capitol for the next couple of weeks "out of an abundance of caution," spokeswoman Shanon Banner said Monday.
Open carry is still permitted on the Capitol grounds outside.
Michigan was one of only three states with virtually no firearm regulations or security measures in place for its state Capitol, the Michigan Advance reported Monday. House Democratic leaders urged the Michigan State Capitol Commission to ban all firearms and weapons before the 101st Legislature convenes Wednesday.
House Democrats said in advance of the meeting the open carry ban does not go far enough and said the carrying of all firearms — open or concealed — should be banned inside the Capitol, except by law enforcement.
"In addition to lawmakers doing the work of the people, our Capitol is open to school kids, tour groups and others seeking to learn more about the history of our amazing state. Without a significant change in policy, lives will continue to be put at risk by domestic terrorists carrying weapons," House Democratic Leader Donna Lasinski, D-Scio Township, Rep. Sarah Anthony, D-Lansing, and Rep. Brenda Carter, D-Pontiac, said in a joint statement.
But John Truscott, the vice chairman of the commission, said the commission does not have the budget or the infrastructure to go further, and setting up metal detectors could cause significant delays in public access to the Capitol. He said statistics show few crimes are committed by people with concealed weapon permits.
It's estimated that equipment and staffing for metal detectors would cost about $1.5 million a year, Truscott said.
The Capitol Commission consists of the secretary of the Senate, the clerk of the House of Representatives, two individuals jointly appointed by the secretary of the Senate and the clerk of the House, and two individuals appointed by the governor.
Despite the opinion issued by the attorney general, House Speaker-elect Jason Wentworth, R-Clare, said the commission "does not have the authority to set policy in the Capitol."
He said in a news release that he will be "looking at options for handling that moving forward." But he said that Michigan State Police will immediately begin enforcing the new policy and he asked the public to follow the new policy "to ensure there is no confusion in the Capitol."
Joey Roberts, president of Michigan Open Carry, a group that promotes the right to openly carry firearms in most places and that organizes regular events at the Capitol, said he has concerns about Monday's action and his group wants to get a written version of the new policy and go over it with attorneys. Among his concerns is whether the commission violated the Open Meetings Act by not giving an opportunity for public input before making the decision, Roberts said.
Commissioner Joan Bauer said Monday's action should be viewed as "a first step," and Gov. Gretchen Whitmer said more action is needed.
“The Capitol Commission’s action to ban open carry guns at the Capitol is a good start, but more action is needed. On a normal day, hundreds of people walk through the Capitol, including groups of fourth graders, teachers and parents on school field trips to learn about state government," Whitmer said.
"That’s why we must take action to ban all weapons at the Capitol to keep Michiganders safe. I am hopeful that the Capitol Commission will recognize the need for further action, and I stand ready to assist in implementing this policy to keep Michiganders safe.”
Gary Randall, who is House clerk and the commission chairman, said the recommendation to ban open carry came from Truscott and commissioner William Kandler after the two were appointed as a special committee last year to investigate the issue. But it was clear Monday's hastily called meeting, with only one item on the agenda, was spurred by last week's horror in Washington, D.C.
Randall said until Nessel issued her opinion in May, it was presumed only the Legislature could ban guns inside the Capitol, as they are banned in courtrooms and some other public places. Now, it would be up to the Legislature to extend the ban beyond open carry, if lawmakers decide to appropriate money for metal detectors and other required changes to Capitol infrastructure.
Anthony told the Free Press she wants all guns banned inside the Capitol and hopes that happens soon, but she is still willing to come to work in the Legislature in the meantime.
"I will take every precaution to keep myself safe," Anthony said. "I know my work needs to be done."
There is no glass — bulletproof or otherwise — between the House and Senate public galleries and the chamber floors they overlook. Some lawmakers have worn bulletproof vests on occasion. During a heated April demonstration against Whitmer's state of emergency, several men carried rifles into the public gallery — legally — while the state Senate was in session.
Although guns are permitted inside the Capitol, signs are not. Officials said signs could scratch the paint inside the historic building.
As for a total gun ban, "we don't have the budget, the personnel, the infrastructure to implement at this point," Truscott said after the meeting.
Because it is an old building with narrow doors, installing metal detectors "would cause hours delays," he said.
"It's pretty easy to see if someone is carrying visibly."
Contact Paul Egan: 517-372-8660 or pegan@freepress.com. Follow him on Twitter @paulegan4. Read more on Michigan politics and sign up for our elections newsletter.