Fire Arms Freedom Act

A bill to affirm and strengthen the right to keep and bear arms under the Second Amendment to the United States Constitution and Article I, Section 6 of the Michigan Constitution; to establish constitutional carry; to prohibit state enforcement of certain federal firearms restrictions; to create and regulate the Michigan Volunteer Defense Force as a modern constitutional militia; to expand firearms training, range access, and civic education; to provide liability protections and incentives; and to enhance community preparedness and public safety.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Section 1. Short Title.

This act shall be known and may be cited as the “Michigan Second Amendment Protection and Constitutional Militia Act” or the “Michigan Volunteer Defense Force and Firearms Freedom Act.”

Section 2. Legislative Findings.

The Legislature finds and declares all of the following:

(a) The Second Amendment to the United States Constitution and Article I, Section 6 of the Michigan Constitution secure the right of the people to keep and bear arms as a fundamental individual right and as a safeguard of liberty.

(b) The Founding generation understood a well-regulated militia as composed of the body of the people, capable of community defense, disaster response, and resistance to tyranny.

(c) Michigan shall be among the most protective states in the nation regarding lawful firearms ownership, carry, and training.

(d) A voluntary, state-recognized constitutional militia, properly vetted, trained, and integrated with existing emergency-management structures, will strengthen disaster response, civil defense, and public safety while reducing reliance on distant federal resources during crises.

(e) All provisions of this act shall be construed and applied consistent with the Constitution of the United States, the Constitution of the State of Michigan, and due process of law. Nothing in this act authorizes any person or group to engage in unlawful activity, usurp lawful authority, or act outside the command and control established by state law.

Section 3. Definitions.

As used in this act:

(a) “Constitutional carry” means the lawful carrying of a firearm, openly or concealed, by a person who is not otherwise prohibited by state or federal law from possessing a firearm, without the requirement of a license or permit.

(b) “Michigan Volunteer Defense Force” or “MVDF” means the voluntary, state-recognized force established under this act.

(c) “Law-abiding adult” means a person 21 years of age or older (or 18 years of age for certain military or honorably discharged veterans as provided by law) who is not prohibited under state or federal law from possessing a firearm.

Section 4. Constitutional Carry and Firearms Freedom.

(1) Constitutional carry is hereby established in this State. A law-abiding adult may carry a firearm, openly or concealed, without a license or permit, subject only to existing prohibitions on possession by prohibited persons and restrictions in certain sensitive locations as narrowly defined by statute.

(2) The State of Michigan and its political subdivisions shall not enforce any federal statute, regulation, or executive action that purports to ban, register, or restrict firearms, magazines, or accessories in a manner inconsistent with the Second Amendment as interpreted by the Supreme Court of the United States, or that imposes red-flag confiscation without full due process of law, including notice, opportunity to be heard, and clear-and-convincing evidence before a neutral magistrate.

(3) No state or local agency shall create or maintain a firearms registration system beyond what is strictly required by existing federal background-check law.

(4) Properly trained and certified school staff may, under policies adopted by the local school board and with notification to local law enforcement, carry firearms on school grounds for the defense of students and faculty.

Section 5. Expansion of Training and Range Access.

(1) The State shall encourage the expansion of public and private shooting ranges through expedited permitting and tax incentives.

(2) Businesses that provide employee firearms safety and marksmanship training shall be eligible for tax credits as prescribed by the Department of Treasury.

(3) Existing hunter-safety and marksmanship programs shall be expanded, and basic constitutional and civic education regarding the militia tradition shall be integrated into high-school civics curricula.

Section 6. Establishment of the Michigan Volunteer Defense Force.

(1) There is established the Michigan Volunteer Defense Force as a voluntary, unpaid, state-recognized force under the authority of the Governor, organized for the purposes of emergency response, search and rescue, disaster relief, civil defense, and mutual aid support to sheriffs and the Michigan State Police during declared emergencies or natural disasters.

(2) Membership shall be open to able-bodied Michigan citizens who meet strict vetting, background-check, and training standards established by the Department of Military and Veterans Affairs in consultation with the Michigan State Police. Priority consideration shall be given to honorably discharged veterans.

(3) The MVDF shall operate under a clear command structure established by state law and regulation. It shall not engage in partisan political activity. Members acting within the scope of authorized duties during official activations shall be subject to the same standards of conduct applicable to other state emergency responders.

(4) The MVDF shall coordinate with local emergency-management agencies, county sheriffs, and the Michigan State Police for drills, mutual aid, and deployments. Community-service components may include support for infrastructure recovery, youth character and leadership programs, and veteran assistance, as authorized.

Section 7. Training, Incentives, and Youth Programs.

(1) Members of the MVDF shall complete annual training standards prescribed by the Department of Military and Veterans Affairs.

(2) Verified members who complete required training and community-service hours shall be eligible for modest tax credits, limited equipment stipends, and liability protections as provided in Section 8.

(3) The State may authorize safe, supervised youth marksmanship and leadership programs operated by qualified organizations, subject to parental consent, age-appropriate safety rules, and strict adult supervision.

Section 8. Legal and Financial Safeguards.

(1) Members of the MVDF and lawful firearms owners acting in good faith in self-defense or during authorized emergency response shall be shielded from frivolous civil lawsuits arising from such good-faith actions, subject to existing standards of justification and reasonableness under Michigan law.

(2) Funding for the MVDF shall be limited to a modest dedicated appropriation from general funds, federal emergency-preparedness grants where available, private donations, and voluntary member contributions. No funds shall be used for partisan purposes.

(3) The Department of Military and Veterans Affairs shall publish annual public reports detailing membership numbers, training hours, community-service hours, and any deployments, while protecting personal identifying information of individual members.

Section 9. Metrics and Oversight.

The Governor shall ensure that progress is measured by:

(a) Increases in lawful firearms ownership and completion of safety training;

(b) Number of trained MVDF members and community-service hours contributed;

(c) Improvements in coordinated emergency-response capabilities; and

(d) Public reporting of the foregoing metrics.

Section 10. Severability.

If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications that can be given effect without the invalid provision or application.

Section 11. Effective Date.

This act takes effect 90 days after the date it is enacted into law. The Department of Military and Veterans Affairs shall promulgate initial standards for the Michigan Volunteer Defense Force within 180 days of the effective date.

Enacting Section.

This act is ordered to take immediate effect.

Second Amendment Strong. Militia Ready. Michigan Secure.

Armed Citizens. Prepared Communities. Free Michigan.