Michigan Attorney General Dana Nessel says Capitol Commission has authority to ban guns in the Capitol

TOPSHOT - Protestors try to enter the Michigan House of Representative chamber and are being kept out by the Michigan State Police after the American Patriot Rally organized by Michigan United for Liberty protest for the reopening of businesses on th …

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Michigan Attorney General Dana Nessel sent a letter to the Michigan State Capitol Commission saying that the Commission has the legal authority to prohibit guns in the state Capitol, should it choose to do so.

According to Nessell, the authority is consistent with state law regarding guns in public buildings and an information letter was sent to House Speaker Lee Chatfield in 2018.

"The Capitol is a place for free expression of thought and debate. But the freedom of civil discourse does not imply the right to threaten others with harm or violence," Nessel said. "In our current environment and as the chief law enforcement officer in this state, I am gravely concerned for the safety of both our legislative members and the public at large."

The letter was sent Friday after the Commission discussed possibly banning guns earlier this week following last week's raucus protests in and around the Captiol in Lansing. John Truscott, vice chairman of the Michigan State Capitol Commission, spoke Wednesday saying the panel doesn't have jurisdiction to prohibit weapons and it's a "legislative function." It appears unlikely the Republican-led Legislature would restrict guns.

The Commission, which manages the Capitol grounds and building, is made up of the Secretary of the Senate, the Clerk of the House of Representatives, two individuals jointly appointed by the Secretary of the Senate and the Clerk of the House, and two individuals appointed by the Governor.

The panel is expected to meet Monday to discuss the issue after getting questions following the protest by conservatives angry over Gov. Gretchen Whitmer's restrictions to curb the coronavirus.

In Nessel's letter, she said that the Commission has the legal authority to ensure the "safety of the visiting public, as well as those who carry out the People's work by prohibiting firearms within the Capitol building."

Nessel also noted that the regulation of guns generally stems from a statute, but the prohibition of guns from public spaces does not need to originate in the legislature.

"The concept of 'open carry' in Michigan law does not provide the unfettered right to bring firearms into any public space," Nessel wrote in her letter.

Nessel cited the Michigan Supreme Court banning of guns from any courtroom, office or other space used for official court business or by judicial employees without prior approval as evidence that it does not have to be decided by lawmakers.

She ended her letter by vowing support for the Commission, should they choose to implement a ban on guns in the Capitol and face expected face legal challenges:

"I understand that if the Commission votes to prohibit firearms within the Capitol building, it may face a legal challenge over this action. Consistent with my duties as Attorney General, you may rely on my pledge to defend the Commission from suit challenging a prohibition on firearms in the Capitol. "