You’re too stupid to store a gun properly

You’re too stupid to store a gun properly

The Biden administration once again defends a ban in federal court, arguing that people who use marijuana should be prohibited from purchasing or possessing firearms.

They claim that this restriction is supported by historical precedent and that individuals who consume cannabis while owning guns pose a unique threat to society.

One of the reasons behind this argument is that such individuals are viewed as unlikely to store their weapons properly before using marijuana.

Attorneys for the Justice Department responded to a series of prompts from the judges, asserting that the firearm ban for marijuana consumers is justified based on historical analogues to restrictions on the mentally ill and habitually drunk that were imposed during the time of the Second Amendment’s ratification in 1791.

DISCLAIMER
This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.

Red Flag Rules for Extreme Risk Protection Orders-Firearms Act

Red Flag Rules for Extreme Risk Protection Orders-Firearms Act

Michigan Supreme Court – These changes follow the creation of the Extreme Risk Protection Order Act and amendments to the Firearms Act. Red Flag Laws.

Effective February 13, 2024

On February 6, 2024, the Michigan Supreme Court issued ADM File No. 2023-24, which adopts amendments to MCR 3.701 and the addition of MCR 3.715, .716, .717, .718, .719, .720, .721, and .722, effective February 13, 2024.

These changes follow the creation of the Extreme Risk Protection Order Act and amendments to the Firearms Act, the Code of Criminal Procedure, and the Revised Judicature Act in May of 2023.

  • MCR 3.715 Definitions. Several terms are defined within this rule, including “complaint,” “existing action,” “minor,” “petitioner,” and “respondent.” In addition, MCR 3.715 indicates that the terms “dating relationship,” “possession or control,” “family member,” “guardian,” “health care provider,” “law enforcement agency,” and “law enforcement officer,” mean those terms as defined in MCL 691.1803.
  • MCR 3.716 Commencing an Extreme Risk Protection Action. An extreme risk protection action is an independent action commenced by filing a complaint with the family division of the circuit court. A complaint may be filed regardless of whether the respondent owns or possesses a firearm and must be prepared on a form approved by the State Court Administrative Office and submitted with the complaint. An extreme risk protection action may only be commenced by
    • the spouse or former spouse of the respondent;
    • an individual who has a child in common with, has or has had a dating relationship with, or resides or has resided in the same household as the respondent;
    • a family member;
    • a guardian of the respondent;
    • a law enforcement officer; or
    • a health care provider, under certain circumstances.

MCR 3.716 also details requirements for the complaint, a complaint against a minor, and venue.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

  • MCR 3.717 DismissalsExcept as otherwise specified in the rules, an action for an extreme risk protection order (ERPO) may only be dismissed upon motion by the petitioner prior to the issuance of an order.
  • MCR 3.718 Issuing Extreme Risk Protection OrdersExcept as otherwise provided in the rule, the court must rule on a request for an ex parte order within one business day of the filing date of the complaint and must expedite and give priority to ruling on a request for an ex parte order. MCR 3.718 also specifies the factual requirements for granting an ex parte order as well as the procedures for immediate emergency ex parte orders, an anticipatory search warrant, and hearings. The court must expedite and give priority to hearings required by the extreme risk protection act and must schedule a hearing for the issuance of an ERPO under certain circumstances detailed in the rule.
  • MCR 3.719 Orders. This rule details the form and scope of an order and stipulates the respondent’s response requirements, along with restrictions on concealed weapons and the process for surrendering firearms. Service, notice, and clerk of the court responsibilities are also covered in MCR 3.719.
  • MCR 3.720 Modification, Termination, or Extension of OrderThe petitioner may file a motion to modify or terminate the ERPO and request a hearing after the order is issued. The respondent may file one motion to modify or terminate an ERPO during the first six months that the order is in effect and one motion during the second six months that the order is in effect.
  • MCR 3.721 Contempt Proceedings for Violation of Extreme RiskIn general, an ERPO is enforceable under MCL 691.1810(4)–(5), 691.1815(4), and 691.1819(4)MCR 3.721 outlines the guidelines for motions to show cause, service, search warrants, arraignment, pleas of guilty, scheduling or postponing hearings, prosecution after arrest, and violation hearings.
  • MCR 3.722 Appeals. Appeals must generally comply with subchapter 7.200. Either party has an appeal of right from
    • an order granting, denying, or continuing an ERPO after a hearing under MCR 3.718(D); or
    • an order granting or denying an extended ERPO after a hearing under MCR 3.720(B).

The respondent has an appeal of right from a judgment of sentence for criminal contempt entered after a contested hearing.

The respondent has the lawful right to appeal a judgment of sentence for criminal contempt entered following a contested hearing.

Chief Justice Clement concurred with the proposed adoption of the ERPO court rules, but she wrote separately to address her concerns regarding inconsistent legal terminology used in the Extreme Risk Protection Order Act..

Among other linguistic inconsistencies, she emphasized that the Act “requires an individual to file “a summons and complaint” to initiate an ERPO action” but the nature of ERPO actions is consistent with that of a petition—not a complaint.

The Michigan Supreme Court has developed a range of SCAO forms aligned with the ERPO, showcasing their commitment to effective legal documentation.:

See the Court’s February 7, 2023 memorandum for more info.

 Court Form Information

https://www.courts.michigan.gov/4908b5/siteassets/forms/scao-approved/recent-revisions/eoc_erpo.pdf

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Laws passed by Michigan lawmakers in 2023 will take effect

Laws passed by Michigan lawmakers in 2023 will take effect

Several new laws passed by Michigan lawmakers in 2023 will take effect on Tuesday, Feb 13, 2023

Making use of the first combined Democratic majority in the state House, Senate, and governor’s seat in decades, legislators have the numbers and have successfully approved by a wide range of bills from their agenda.

As we move into February 2024, we look at the implementation of significant laws, regulations and loss pertaining to gun safety, the minimum wage, LGBTQ+ protections, the “right-to-work” policy, and more.

This progress reflects the power of our elected officials hold to create their vision of a more inclusive, divided and forward-thinking society. Several of these new laws will take effect on Feb. 13, 2024, unless otherwise noted.

Gun Laws

Following mass shootings state lawmakers quickly passed a series of bills related to firearms in an effort to address gun violence.

Lawmakers aimed to address the issue of gun violence with a comprehensive approach, passing legislation that encompasses a red flag law, requirements for firearm storage, and universal background checks for purchasing firearms.

These bills, all successfully passed and signed into law by Gov. Whitmer, cover various aspects of these vital topics, with the exception of one bill related to red flag laws.

Here’s what’s taking effect

Red Flag Laws

Several bills were passed in Michigan to establish extreme risk protection order laws, also known as red flag laws.

These laws were manifested to help prevent a person in distress or crisis from using a firearm to harm themselves or others.

The laws don’t seek to take firearms away from gun owners who aren’t dangerous or in distress as defined by…

Bills

Firearm Storage Laws

Law abiding Michigan citizens will now be required to keep a firearm stored or unattended on a premises unloaded and locked, either with a locking device or stored in a locked container, if it is “reasonably known that a minor is or is likely to be present on the premises.”

There are a variety of penalties for violating this requirement.

Bills: 

Gun Safety

The costs of gun safety devices will be lower to allow access products needed to safely store firearms. Right…

Bills: 

 

Background Checks

Background checks related to anyfirearm purchases will now expand to all firearm purchases, from handguns to long guns.

Bills: 

Domestic Violence Regulations


Gov. Whitmer signed legislation that prohibits individuals convicted of a misdemeanor related to domestic violence from possessing firearms for at least an eight-year-period.

Previously Michigan law only prohibited those convicted of felony domestic violence from possessing firearms.
 
Bills

LGBTQ+ civil rights protections

Gov. Whitmer signed legislation that expands the state’s Elliott-Larsen Civil Rights Act to include legal protections for sexual orientation and gender identity and expression.

Initially passed in 1976, the act prohibits discriminatory practices, policies, and customs based on religion, race, color, national origin, age, sex, height, weight, familial status, or marital status. The act will now expand to include protect sexual orientation, gender identity, and gender expression from discrimination.

Bill

You Don’t Have the ‘Right-to-Work’ Law is Law

Passed in 2013, the right-to-work law prohibited unionized workplaces from mandating employee payments of union dues and fees. The law posed restrictions on unions, sparking opposition from union supporters in 2012.

Michigan is the first state in 58 years to do so. The repeal is seen by many as a victory for organized labor at a time when union membership has been on the decline.

Whitmer said the move would “restore workers’ rights, protect Michiganders on the job, and grow Michigan’s middle class.”

Now you have no control how your dues and fees and fees for the priviledge of paying those fees will be allocated. If you don’t know what that entails then by all means don’t worry about it.

Bill

Komorn Law is Michigan’s top cannabis law firms when it comes to any criminal allegations regarding cannabis.

In a sticky situation? Call our office (248) 357-2550

Prevailing wage law reinstated

A law that was repealed in 2018 is set to take effect once again in 2024. Whitmer has signed legislation that restores a prevailing wage law, commonly referred to as the prevailing wage law, which mandates that contractors hired for state projects must pay wages comparable to those of unions.

Bill:

More Abortion Barriers Removed

Abortion was legalized in Michigan after voters approved a constitutional amendment in 2022. Democratic lawmakers and state leaders persist in their efforts to remove any remaining obstacles to abortion care and access.

At the end of November 2023, Gov. Whitmer signed into law the Reproductive Health Act, which is comprised of eight separate bills.

According to the governor’s office, the package was designed to repeal “politically motivated, medically unnecessary statutes that criminalized nurses and doctors, forced health care providers to close, raised costs for patients, and restricted access to abortion.”

Here’s what the governor’s news release said

  • Repeals Michigan’s TRAP Laws, which are designed specifically to close abortion providers. These medically unnecessary and burdensome restrictions have nothing to do with a clinic’s ability to deliver care. They include rules about hallway width, ceiling heights, HVAC systems, and janitor’s closets. These restrictions jack up costs, especially for independent clinics, and have decreased the number of providers available to Michiganders, especially in Western and Northern Michigan.
  • Repeals an old, outdated law from 1931 that would have criminalized nurses and doctors for prescribing medication abortion including mifepristone. Medication abortions are the most common way abortions are performed and have been safely used for decades. While other states restrict access to these pills, the passage of the RHA ensures Michigan providers and patients will have every option available.
  • Ensures students at Michigan public universities have access to accurate information about all their reproductive health options. Young adults deserve the same medical choices that every other patient gets. For too long, students at Michigan universities could be denied access to information about their options—including abortion—depending on where they went to college.
  • Repeals the law that forced patients to buy a separate insurance rider for abortion. Effectively, the law forced people to pay more out of pocket just in case they were assaulted.

Bills:

Repeal of third-grade reading law takes effect

Starting in 2024, third-grade students in Michigan will no longer get held back because of low reading scores.

In early 2023, state lawmakers voted to change a 2016 law that provides instructions for institutions and educators to help third graders “achieve a score of at least proficient in English language arts on the grade state assessment.” Under that law, third grade students with insufficient reading assessment scores would be held back under most circumstances starting in 2019-2020 school year.

Bill

Minimum Wage Increase

Michigan employees making minimum wage will see a slight raise in pay in 2024. LOL

Under Michigan’s Improved Workforce Opportunity Wage Act of 2018, the state’s minimum wage is required to increase in certain increments at certain intervals.

As of Jan. 1, 2024, the state’s minimum wage increased from $10.10 to $10.33 per hour.

Here’s how the increase will affect minor, tipped, and training employees:

The 85% rate for minors aged 16 and 17 will increase to $8.78 per hour.
The tipped employee rate of hourly pay increases to $3.93 per hour.
The training wage of $4.25 per hour for newly hired employees ages 16 to 19 for their first 90 calendar days of employment remains unchanged.

See the law

The wage is not considered a livable wage in Michigan.

An adult without children needs to make at least $16.27 per hour to support themself, while an adult with one child requires at least $36.81 per hour.

What are you going to do with that extra 23 cents ($1.84 per 8 hour day)?

Climate Action Plan

A package of climate-related bills were signed into law in November 2023. The new Michigan Clean Energy & Climate Action law includes several Democrat-led proposals to lower household utility costs, protect state water and air, and create more green energy jobs.

Have a seat and read the bills here.

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Here are the Laws

Domestic Violence

The legislature passed a package of bills that add subsets to certain misdemeanor offenses (identified below) for offenses involving domestic relationships.

See 2023 PA 199 (eff. Feb 13, 2024).

Violation of these provisions are considered domestic violence. Misdemeanors involving domestic violence are defined in MCL 750.224f(10)(c)amended by 2023 PA 201 (eff. Feb 13, 2024), and include the following:

  • MCL 750.81(2)and (4): Assault or assault and battery of a spouse or former spouse
  • MCL 750.81a(2): Aggravated assault or assault and battery of a spouse or former spouse
  • MCL 750.115(2): Entering structure without permission; breaking and entering or entering without breaking
  • MCL 750.145n(5): Fourth-degree vulnerable adult abuse
  • MCL 750.377a(1)(d): Malicious destruction of property ($200 or more but less than $1,000)
  • MCL 750.377a(1)(f): Malicious destruction of property (less than $200)
  • MCL 750.380(5): Malicious destruction of house, barn, or building ($200 or more but less than $1,000; or less than $200 with one or more prior convictions)
  • MCL 750.380(7): Malicious destruction of house, barn, or building (less than $200)
  • MCL 750.411h(2)(c): Stalking
  • MCL 750.540e(1)(h): Malicious use of a telecommunications service or device

Importantly, under MCL 750.224f(5)amended by 2023 PA 201 (eff. Feb 13, 2024), an offender convicted of a misdemeanor involving domestic violence, as listed above,

shall not possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm or ammunition in this state until the expiration of 8 years after all of the following circumstances exist:

(a) The person has paid all fines imposed for the violation.

(b) The person has served all terms of imprisonment imposed for the violation.

(c) The person has successfully completed all conditions of probation imposed for the violation.

Have your rights been violated?
Have your driving priviledges been revoked?
Has your professional license been suspended?
Second Amendment rights taken away?
Have you been charged with a crime?

Call our office to see if we can help
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Other Crimes

In addition to domestic violence measures, 2023 PA 201 (eff. Feb 13, 2024) expands the definition of felony to include violations “punishable by imprisonment for a term exceeding 1 year.” MCL 750.224f(10)(b)amended by 2023 PA 201 (eff. Feb 13, 2024) (emphasis added). Previously, a felony was defined as a violation of law punishable by imprisonment for four or more years. Consequently, 2023 PA 201 increases the number of offenses that fall under the three-year firearms and ammunition prohibition in MCL 750.224f(1).

Juvenile Reforms

Screening Tools and Risk Assessment

2023 PA 287 (eff. Oct 1, 2024) amends the Juvenile Diversion Act, MCL 722.822.823.826, and .829, to allow the use of risk and mental health screening tools before a diversion decision for the minor is made. The amended act states that these tools may not be conducted on a minor who is either (1) accused or charged with a specified juvenile violation or (2) currently under supervision in the juvenile justice system by the court or the Department of Health and Human Services. A minor may not be diverted under the act unless a law enforcement official or court intake worker (1) receives the results of a risk screening tool and a mental health screening tool for the minor and (2) uses the results of the risk screening tool and the mental health screening tool as well as the best interests of public safety and the minor to inform the decision to divert the minor.

In addition, 2023 PA 289 (eff. Oct 1, 2024) amends MCL 712A.2f to require a court to consider the results of a screening before placing a juvenile’s case on the consent calendar. The results of a screen under these amendments are confidential case records.

The procedure for juvenile detention has also been modified. 2023 PA 290 (eff. Oct 1, 2024) amends MCL 712A.15 and .16 to state that before a juvenile may be detained in a secure facility pending hearing, an individual or agency must use a detention screening tool on the juvenile. The court then must consult those results and follow any rules regarding their use. The amendments further specify that any statement or incriminating evidence obtained during screening is not admissible as evidence in a court proceeding.

2023 PA 298 (eff. Oct 1, 2024) amends MCL 712A.18 to require a designated, trained individual or agency to conduct a risk and needs assessment for each juvenile before a disposition. The amendment also requires a court to consider the results of the assessment, in addition to other factors, when making a disposition decision. Finally, the amended statute requires an additional assessment if six months have passed, if the juvenile experienced a major life event, or if there was a major change in the juvenile’s proceedings.

Factors to Consider to Try a Juvenile as an Adult

Effective October 1, 2024, 2023 PA 291 amends MCL 712A.2d.2f, and .4 by modifying the factors a court must consider before trying a juvenile as an adult. These factors now include

  • the seriousness of the alleged offense in terms of community protection;
  • the juvenile’s culpability in committing the alleged offense;
  • the juvenile’s prior record of delinquency that would be a crime if committed by an adult;
  • the juvenile’s programming history, including any out-of-home placement or treatment, and the juvenile’s past willingness to participate meaningfully in available programming;
  • the adequacy of the programming available to rehabilitate and hold accountable the juvenile in the juvenile justice system and the juvenile’s amenability to treatment;
  • the dispositional options available for the juvenile;
  • the juvenile’s developmental maturity, emotional health, and mental health;
  • if the juvenile is a member of a federally recognized Indian tribe, culturally honoring traditional values of the juvenile’s tribe; and
  • the effect on any victim.

See MCL 712A.2d(2)(a)–(i)amended by 2023 PA 291 (eff. Oct 1, 2024).

Time to Complete Diversion

2023 PA 288 (eff. Oct 1, 2024) amends MCL 722.825 and .826 to limit the time a minor has to complete a diversion agreement to not exceed three months unless it is determined that a longer term is necessary.

Delinquent Accounts

2023 PA 292 (eff. Oct 1, 2024) amends MCL 600.4803 to exempt a juvenile or their parent or guardian from a late penalty if the juvenile failed to pay a fee or cost associated with the proceedings in 56 days. Furthermore, 2023 PA 293 (eff. Oct 1, 2024) amends MCL 769.1 to delete certain provisions relating to reimbursement for court fees in a juvenile case.

Crime Victims’ Rights

MCL 760.21b(1), added by 2023 PA 180 (eff. Feb 13, 2024), states in part that “[a] police officer or a prosecuting attorney may provide a domestic or sexual violence service provider agency with the name, demographics, and other pertinent information of, and information to facilitate contact with, a victim of domestic or sexual violence for the purpose of offering supportive services to the victim.”

2023 PA 179 (eff. Feb 13, 2024) amends MCL 780.758.788, and .818 to specify that certain items already exempted under the Freedom of Information Act, such as pictures, photographs, drawings, or other visual representations, including any film, videotape, or digitally stored image of a victim that is made available through a public court proceeding streamed on the Internet or other means, may be blurred.

2023 PA 178 (eff. Feb 13, 2024) amends MCL 780.765.793, and .825 to allow a victim to remotely provide an oral impact statement at a disposition or sentencing.

Reproductive Rights

Numerous bills were passed, including 2023 PA 205208, and 286 (all effective February 13, 2024), that codify the rights to reproductive freedom and repeal and modify certain acts to reflect this codification. The repealed or modified acts include the following:

  • MCL 333.1081 et seq.: Legal Birth Definition Act
  • MCL 333.1091: Family planning or reproductive services; allocation of funds
  • MCL 550.541 et seq.: Abortion Insurance Opt-Out Act
  • MCL 750.323: Manslaughter; death of quick child or mother from use of medicine or instrument

Hate Crimes

2023 PA 277 (eff. Feb 13, 2024) added MCL 750.147c to the Michigan Penal Code to state that a person is guilty of institutional desecration if the offender “maliciously and intentionally destroys, damages, defaces, or vandalizes, or makes a true threat to destroy, damage, deface, or vandalize” specified institutions identified in MCL 750.147c(1)(a)–(g) “because of the actual or perceived race, color, religion, sex, sexual orientation, gender identity or expression, physical or mental disability, age, ethnicity, or national origin of another individual or group of individuals, regardless of the existence of any additional motivating factors.” The act includes felony and misdemeanor punishments, depending on the dollar value of the property damage or injury.

 

Vulnerable Adults

MCL 750.145h(1)added by 2023 PA 275 (eff. Mar 7, 2024), states in part that “[a] person shall not intentionally or knowingly harass, abuse, threaten, force, coerce, compel, or exploit the vulnerability of a vulnerable adult in a manner that causes the vulnerable adult to provide that person, or any other person, sexually explicit visual material.” The statute also provides for misdemeanor and felony penalties for these offenses.

 

Health Professionals

Numerous bills were passed to protect health professionals and medical volunteers. MCL 750.81.81a, and .82, which govern assaults, were amended by 2023 PA 271 and 272 (both effective March 5, 2024) to specify that if the victim of an assault is a health professional or medical volunteer and the offense occurs while the victim is performing their duties, the offender is subject to an enhanced penalty. In addition, the statutes require health facilities to post prominent, visible signs about the enhanced penalty.

 

Elections

MCL 168.931b(1)added by 2023 PA 253 (eff. Feb 13, 2024), states in part that “[a]n individual who intimidates an election official because of the election official’s status as an election official, with the specific intent of interfering with the performance of that election official’s election-related duties, is guilty of a crime.” The new law also criminalizes actions that prevent an election official from performing their duties. It does not apply to “constitutionally protected activity,” such as “reporting, news gathering, protesting, lobbying, advocacy,” or other activities of public interest or concern.

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Transcription of the 1789 Joint Resolution of Congress Proposing 12 Amendments to the U.S. Constitution

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This information was taken from archives.gov. One should assume it is factual… but assuming information is a fact is a perilous assumption.  Here is what you paid for… 

Transcription of the 1789 Joint Resolution of Congress Proposing 12 Amendments to the U.S. Constitution

On September 25, 1789, the First Congress of the United States proposed 12 amendments to the Constitution.

The 1789 Joint Resolution of Congress proposing the amendments is on display in the Rotunda in the National Archives Museum. Ten of the proposed 12 amendments were ratified by three-fourths of the state legislatures on December 15, 1791.

The ratified Articles (Articles 3–12) constitute the first 10 amendments of the Constitution, or the U.S. Bill of Rights.

In 1992, 203 years after it was proposed, Article 2 was ratified as the 27th Amendment to the Constitution. Article 1 was never ratified.

Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.

ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.

Article the first... After the first enumeration required by the first article of the Constitution, there shall be one Representative for every thirty thousand, until the number shall amount to one hundred, after which the proportion shall be so regulated by Congress, that there shall be not less than one hundred Representatives, nor less than one Representative for every forty thousand persons, until the number of Representatives shall amount to two hundred; after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred Representatives, nor more than one Representative for every fifty thousand persons.

Article the second… No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.

Article the third… Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Article the fourth… A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Article the fifth… No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Article the sixth… The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Article the seventh… No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Article the eighth… In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Article the ninth… In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Article the tenth… Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Article the eleventh… The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Article the twelfth… The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

ATTEST,

Frederick Augustus Muhlenberg, Speaker of the House of Representatives
John Adams, Vice-President of the United States, and President of the Senate
John Beckley, Clerk of the House of Representatives.
Sam. A Otis Secretary of the Senate

Constitutional Amendments 1-10 make up what is known as The Bill of Rights. Amendments 11-27 are listed below.

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AMENDMENT XI

Passed by Congress March 4, 1794. Ratified February 7, 1795.

Note: Article III, section 2, of the Constitution was modified by amendment 11. The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

AMENDMENT XII

Passed by Congress December 9, 1803. Ratified June 15, 1804.

Note: A portion of Article II, section 1 of the Constitution was superseded by the 12th amendment. The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; — the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; — The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. [And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in case of the death or other constitutional disability of the President. –]* The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. *Superseded by section 3 of the 20th amendment.

AMENDMENT XIII

Passed by Congress January 31, 1865. Ratified December 6, 1865.

Note: A portion of Article IV, section 2, of the Constitution was superseded by the 13th amendment.

Section 1.

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 2.

Congress shall have power to enforce this article by appropriate legislation.

AMENDMENT XIV

Passed by Congress June 13, 1866. Ratified July 9, 1868.

Note: Article I, section 2, of the Constitution was modified by section 2 of the 14th amendment.

Section 1.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section 2.

Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age,* and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Section 3.

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section 4.

The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5.

The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

*Changed by section 1 of the 26th amendment.

AMENDMENT XV

Passed by Congress February 26, 1869. Ratified February 3, 1870.

Section 1.

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude–

Section 2.

The Congress shall have the power to enforce this article by appropriate legislation.

AMENDMENT XVI

Passed by Congress July 2, 1909. Ratified February 3, 1913.

Note: Article I, section 9, of the Constitution was modified by amendment 16.

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

AMENDMENT XVII

Passed by Congress May 13, 1912. Ratified April 8, 1913.

Note: Article I, section 3, of the Constitution was modified by the 17th amendment.

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.

AMENDMENT XVIII

Passed by Congress December 18, 1917. Ratified January 16, 1919. Repealed by amendment 21.

Section 1.

After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

Section 2.

The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.

Section 3.

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

AMENDMENT XIX

Passed by Congress June 4, 1919. Ratified August 18, 1920.

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.

Congress shall have power to enforce this article by appropriate legislation.

AMENDMENT XX

Passed by Congress March 2, 1932. Ratified January 23, 1933.

Note: Article I, section 4, of the Constitution was modified by section 2 of this amendment. In addition, a portion of the 12th amendment was superseded by section 3.

Section 1.

The terms of the President and the Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

Section 2.

The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.

Section 3.

If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

Section 4.

The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.

Section 5.

Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.

Section 6.

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.

AMENDMENT XXI

Passed by Congress February 20, 1933. Ratified December 5, 1933.

Section 1.

The eighteenth article of amendment to the Constitution of the United States is hereby repealed.

Section 2.

The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.

Section 3.

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

AMENDMENT XXII

Passed by Congress March 21, 1947. Ratified February 27, 1951.

Section 1.

No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.

Section 2.

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.

AMENDMENT XXIII

Passed by Congress June 16, 1960. Ratified March 29, 1961.

Section 1.

The District constituting the seat of Government of the United States shall appoint in such manner as the Congress may direct:

A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.

Section 2.

The Congress shall have power to enforce this article by appropriate legislation.

AMENDMENT XXIV

Passed by Congress August 27, 1962. Ratified January 23, 1964.

Section 1.

The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.

Section 2.

The Congress shall have power to enforce this article by appropriate legislation.

AMENDMENT XXV

Passed by Congress July 6, 1965. Ratified February 10, 1967.

Note: Article II, section 1, of the Constitution was affected by the 25th amendment.

Section 1.

In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Section 2.

Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

Section 3.

Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

Section 4.

Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

AMENDMENT XXVI

Passed by Congress March 23, 1971. Ratified July 1, 1971.

Note: Amendment 14, section 2, of the Constitution was modified by section 1 of the 26th amendment.

Section 1.

The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.

Section 2.

The Congress shall have power to enforce this article by appropriate legislation.

AMENDMENT XXVII

Originally proposed Sept. 25, 1789. Ratified May 7, 1992.

No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.