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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich. Dept. of Attorney
General Web Site - http://www.ag.state.mi.us)
STATE OF MICHIGAN
DANA NESSEL, ATTORNEY GENERAL
MICHIGAN STATE CAPITOL HISTORIC Prohibiting firearms on the Capitol grounds
SITE ACT: and inside the Capitol building.
MICHIGAN CAPITOL COMMISSION:
FIREARMS:
The Michigan State Capitol Commission has the authority to prohibit firearms in the areas under its control, which
include the inside of the Capitol building, pursuant to 2013 PA 240, MCL 4.1941 et seq.
Opinion No. 7311 May 11, 2020
The Honorable Christine Greig
State Representative
The Capitol
Lansing, MI 48909
You have asked whether the Michigan State Capitol Commission is vested with the authority to prohibit firearms in
the areas under its control.
The Michigan State Capitol Commission was created by the Michigan State Capitol Historic Site Act (Act), 2013
PA 240, MCL 4.1941 et seq. Under the Act, the Michigan state capitol historic site[L1] shall be under the
exclusive control of the commission, which shall operate and manage the Michigan state capitol historic site.
MCL 4.1944(3) (footnote added); MCL 4.1946(1)(a). The only limitation on this broad authority that is expressed
in the statute is that the Commission shall not exercise control over the internal decisions of the senate or the house
of representatives related to the allocation of space in the state capitol building or the state capitol building parking
lot, including legislative or staff offices. MCL 4.1946(2).
Although it is clear the Commission is vested with the general authority to operate and manage the Capitol
grounds and the Capitol building, your question pertains to whether this authority includes the specific power to
regulate firearms. In furtherance of its statutory obligations, the Capitol Commission previously approved
Procedures for the Use of the Public Areas of the Michigan State Capitol.L2. This publication enumerates various
procedures to ensure the protection of the Capitol grounds and Capitol building, as well its employees and visitors.
These procedures include certain restrictions on the time, place and manner of gatherings and demonstrations. But,
to date, the Commission has imposed no restrictions on firearms. The absence of such restrictions has led to
unscreened, armed persons congregating on the Capitol grounds and entering the Capitol building and seating
themselves in the public galleries above the chambers of the Legislature. This has occurred even during times of
protest and demonstration outside the Capitol building and moments of controversial debate on the legislative floors
inside the Capitol building-situations when emotions and passions are known to run high. Obviously, this is a
potentially dangerous combination.
The U.S. Supreme Court has held that although individuals have a right under the Second Amendment3j to possess
a firearm, [l]ike most rights, the right secured by the Second Amendment is not unlimited. District of Columbia v](ViewImageLocal?handle=hein.sag/sagmi0146&div=1&collection=&method=preview&ext=.png&size=3)