Legislator’s plan protects Second Amendments rights of Michigan residents

State Rep. Andrew Fink today introduced legislation to effectively protect people’s inherent civil liberties during all state-declared emergencies in Michigan.

The plan prohibits any emergency order drawn up under the Emergency Management Act that prohibits, regulates or curtails the lawful possession or other lawful uses of a firearm. Another bill, sponsored by state Rep. Pat Outman, issues the same guidelines for the state’s Department of Health and Human Services when crafting health directives.

“This issue is more than simply protecting the right to keep and bear arms, it is a civil liberties issue,” said Fink, of Adams Township. “Broad emergency orders that strip Michigan residents of their First or Fourth Amendment rights would never be tolerated. The Second Amendment should be treated just the same.

“All civil liberties must receive equal protection against sweeping orders that would deprive Michigan residents of their inherent rights enshrined within the constitutions of both the United States and Michigan.”

In response to a rise in COVID-19 cases, Gov. Gretchen Whitmer issued numerous executive orders that impacted lives and livelihoods throughout the state. During this period, Whitmer extended a state of emergency and continued to issue orders without the approval from the Michigan Legislature – citing a 1945 emergency powers law which was later found to be unconstitutional.

“Before the ruling, the executive branch had an unprecedented level of power when crafting orders during COVID-19,” Fink said. “It’s important to put these protections into law so people and their rights are protected from government overreach.”

The plans are contained within House Bills 5187-88.