Although the Michigan Supreme Court is highly likely to overturn a previous Court of Appeals ruling, it should do the right thing and put concealed weapons legislation to a voter referendum.
The law, which would make a concealed weapons permit easier to obtain, is scheduled to take effect July 1. Currently, concealed weapon holders must demonstrate need to obtain a permit.
Because the law has a $1 million appropriation tacked on, state law prohibits it from going before voters. The Court of Appeals ruled otherwise, deciding to hold a referendum in November 2002.
A poll conducted by the Lansing-based EPIC/MRA in December showed 55 percent of voters surveyed opposed the law, 37 percent favored it and 8 percent were undecided. The poll has a 4-point margin of error.
First and foremost, the wishes of the voters should be honored. They clearly don’t support the law, but their representatives in the state Legislature don’t care.
In an Associated Press story, Rod Collins of the Michigan Coalition of Responsible Gun Owners said: “When it’s two years from now and the new standards are in place, and we show that they work well, people won’t be remembering the poll.”
This is ridiculous. Collins suggests the Legislature ignore the people of Michigan so they can prove they’re right - that’s not how our government should work.
It can be argued there should be no referendum because the Michigan Constitution prohibits it, but the Supreme Court needs to realize the $1 million appropriation added to the law is just a way of keeping the matter out of the voters’ hands. The Constitution prohibits referendums on budgetary matters, but the main focus of the law is obviously concealed weapons, not budget.
Unfortunately, the Michigan Supreme Court is known to agree with the Legislature.
“Supporting the will of the Legislature will push the court into finding a way to keep this statute immune from referendum,” Cooley Law School Professor Ron Bretz said in an Associated Press story.
If concealed weapons are allowed in Michigan, it is not unreasonable to ask those who carry permits to demonstrate need. The new law would prohibit local governments from denying permits without a good reason. In other words, anybody without a criminal record will be allowed to carry a concealed weapon.
It’s not that the public is completely against concealed weapons, it’s just that it demands those who carry them have a legitimate reason.
The Supreme Court should have the insight to recognize the appropriation is just the Legislature’s way of taking power away from the voters so it can pursue its own agenda. That agenda is fueled by the Michigan United Conservation Club and the Michigan Coalition for Responsible Gun Owners, proponents of the law.
Also, the voters should keep this in mind next time they go to the polls, and make sure they avoid voting for representatives who don’t trust their constituents to make decisions.
