Commission carves out exemption for guns inside Capitol in Lansing
LANSING — After Republican lawmakers objected to proposed rules that would block them from carrying weapons on Capitol grounds, the Michigan Capitol Commission Wednesday revised its new policy to allow an exception for legislators who have concealed carry permits.
The commission approved the change to the Capitol security plan with a 4-2 vote, and unanimously approved the final plan that goes into effect immediately.
Commission Chairperson Bill Kandler said after the meeting that he thought the carveout was unnecessary. He was joined by member Joan Bauer in voting against the change. Commission members John Bollman, Tim Bowlin, Rich Brown and Dan Oberlin voted in favor of the amendment.
"I just don't see the need for it. It's not necessary," Kandler said. "The people doing business in his building, the legislators, are probably the most protected people in the city, maybe in the state."
Democratic lawmakers advocated for regulations on firearms following April 2020 confrontations with armed protestors and militia members who entered the Capitol while protesting COVID-19 restrictions. Some armed protestors entered the gallery of the Senate, causing concerns about intimidation and physical harm among some lawmakers.
Democratic Attorney General Dana Nessel issued an official opinion in May 2020 following the confrontations, clarifying that the commission is tasked with "the obligation to care for and protect the safety of those working in and visiting the Capitol grounds and facilities,” which includes the authority to place restrictions of firearm possession.
Here's what gun safety steps are going into effect
Following the Jan. 6, 2021, attack on the U.S. Capitol, commission members faced pressure to act on gun possession in the Michigan Capitol complex.
In January 2021, the Michigan Capitol Commission passed a motion that banned openly carrying weapons in the building, except for law enforcement officers, and still allowed open carry on the grounds surrounding the Capitol. People who had a concealed pistol license could carry concealed weapons in the building.
On Jan. 11, 2023, the Michigan Capitol Commission voted to ban carry of all firearms in the building, with exceptions for law enforcement, Capitol security and those with a concealed carry license. With the entry of Democratic majorities in the House and Senate this year, much of the commission’s membership was replaced and plans for further gun restrictions were explored.
The Capitol Commission then proposed regulations that banned everyone entering the Capitol, other than law enforcement, contractors and certain private security details, from carrying weapons. Lawmakers were included in the ban and while gun safety advocates cheered the actions, some conservative lawmakers took issue with the policy, and others questioned the authority of the Capitol Commission to issue such a regulation.
Wednesday's vote leaves in place regulations that ban most people entering the Capitol from carrying weapons, but adds current lawmakers who hold permits to the exceptions.
In addition, weapon detecting devices were installed at the Capitol’s public and private entrances in early August. The devices are similar to anti-theft detectors in retail stores rather than metal detectors — visitors are able to walk through without emptying their pockets, but backpacks and laptops will be inspected during a secondary security check.
Objections to the restrictions
Republican State Sen. Michele Hoitenga, R-Manton, expressed her opposition to the policy on the Aug. 11 episode of PBS TV show "Off the Record." She said she expects legal challenges to the policy and the Commission’s authority to regulate firearm access, rather than the Legislature itself.
“I don't want to go that route, but I'm gonna fight for my rights,” Hoitenga said. “I don't ever typically feel unsafe because I do carry."
Hoitenga took issue with the idea that further firearm restrictions would make the Capitol safer. When asked about the 250,000 to 300,000 who visit the Capitol every year, Hoitenga said there haven’t been any shootings at the Capitol while there have been two Michigan school shootings in the last two years.
“I would argue our Capitol is safe, and safer than it is schools,” she said. Hoitenga also highlighted a provision of the proposal that would allow construction and contracted workers to bring in potentially harmful tools.
“I would also like to ask how it makes sense that we have construction workers coming in and out of the Capitol with hammers and saws and all these tools — that if I come into the Capitol with any of those things, I'm gonna be stopped,” she said. “I have a background check — do they have a background check? How am I to protect myself within the Capitol?”
Hoitenga said she believes that the Commission doesn’t have the authority and that she’s secured a lawyer and may attempt to carry her firearm into the Capitol even if she’s banned from doing so.
Supporters say safety is the priority
Bauer, a former lawmaker and current commission member, said she was satisfied with the overall plan.
"Through, I'm disappointed that the amendment passed, I am very pleased that we're moving forward with this procedure," she said. "This commission has the authority, and as our chair often says, the responsibility to be sure that the people in this building — visitors, staff, hundreds of thousands of schoolchildren — are safe.
"It's too bad in the current climate that we have to do this, but I'm very pleased and I think it's a step in the right direction in terms of making this wonderful, historic building safer," she added.
Kandler said the amendment allows up to 148 additional guns into the capitol building, which he considers counterproductive to a safe environment.
But Kandler said he was happy with the procedures overall, because it would block protestors from carrying or a "unified force" from entering the building and intimidating lawmakers. Kandler also said he wasn't worried about legal challenges or lack of commission authority to implement the measures.
What's being considered in the future
Kandler said the security systems and procedures have been well received by the public.
Firearms were also recently banned in the House Office Building, where most representative’s offices are located. The decision was made at the direction of House Speaker Joe Tate, D-Detroit, according to spokesperson Amber McCann.
The commission’s authority doesn’t extend to the HOB, but McCann said Tate’s decision was informed by the commission's action in recent months.
Senate Majority Leader Winnie Brinks, D-Grand Rapids, said in a statement that the Senate has not yet made a decision whether to install weapons detectors.
“We take the safety and security of all Michiganders very seriously, including the Capitol community,” she said. “From the lawmakers and staff doing the work of the people to the kids and residents from around the state who visit our buildings to learn about and engage with their state government, we all should be able to feel safe in some of our state’s most important spaces.”
Brinks said Senate leadership is “evaluating best practices recommended by experienced security professionals and we are continuing to review our policies to do everything we can to protect all Senators, Senate and building staff, and visitors.”
Commission member Tim Bowlin, director of the Senate Business Office, said he hopes the Senate Office Building will receive a detection system soon — but senators believe it’s important to “have consistency across the legislative campus.”
He added that legislation is being considered in the House and Senate to clarify the commission's authority in the Capitol and other legislative properties.
Bowlin added that lawmakers on both sides of the aisle reached out with concerns about not allowing lawmakers to carry concealed weapons.
Contact Sheldon Krause at skrause@lsj.com. Follow him on Twitter @sheldonjkrause.
This article originally appeared on Lansing State Journal: Michigan Capitol Commission weapons ban allows lawmakers to carry
