Capitol Commission has "moral imperative" to restrict guns, says Michigan Attorney General Nessel

LANSING, Mich. - On Sunday, the Michigan Attorney General reemphasized her belief that security staff at the state capitol building can enforce restrictions on firearms.

After issuing her opinion on the matter Friday following protests at the building which showed men armed with assault rifles entering the capitol building and watching lawmakers discuss bills, she said she would issue a formal opinion regarding the matter on Monday.

"In my opinion, absolutely they do. And in fact, I sent a letter to the commission to indicate that to them. The response I got is it was not a formal AG opinion. So I said to the commission, 'challenge accepted, I will be issuing a formal AG Opinion that reiterates my prior opinion' and they're going to be receiving that tomorrow," said Attorney General Dana Nessel.

Arguing with the support of Gov. Gretchen Whitmer, the Democratic Caucus in the House and Senate, and even the Republican Senate Majority Leader, Nessel said the commission had the legal authority to restrict firearms in the same way "the vast majority of state capitols do."

She also warned "blood might be on (the) hands" of capitol commission staff if they don't enforce the rule.

"This same commission decided to ban signs from the commission, and you can absolutely argue that that is a first amendment right. We know it is. But they decided because they didn't want to see paint chipped in the building or any other kind of property damage, that they would ban signs and therefore curtail people's first amendment rights," Nessel said. "They have every opportunity to do that in regard to potentially to some extent, a minor restriction on a second amendment right."

Questions over whether armed individuals can enter the legislative office originated after the second planned protest against Whtimer's stay-home orders that have closed businesses and limited travel for residents. During the first one, thousands of cars jammed up streets in the capital as hundreds of individuals protested on the lawn. 

Then in a second, smaller protest, several dozen protesters demonstrated inside the lobby of the capitol where individuals confronted security staff and shouted at them. Eventually, photos from lawmakers appeared on Twitter showing men standing above them while they legislated. 

Nessel followed-up her concerns that a third protest is scheduled at the state capitol this week, as Michigan enters it's second month of battling the COVID-19 outbreak.