Biden Response to Michigan State University Shooting

Following last week’s tragic shooting at Michigan State University, President Biden reiterated his pleas from his State of the Union address last week, when he urged Congress to require background checks on all gun sales, ban assault weapons and high-capacity magazines, and eliminate immunity for gun manufacturers “who knowingly put weapons of war on our streets.”

Facts: 

• The gun used in the shooting was not an assault weapon (although no definition exists for this “type” of weapon).  
• The magazine in the weapon used by the shooter was not a higher than standard capacity based on the average of 10-17 round capacity based on caliber.
• Eliminating gun manufacturers immunity for knowing putting weapons of war on the streets?   The firearm used was a standard handgun and in no way classified as a weapon of war.   For the record, “weapons of war” (automatic weapons) have been highly regulated since 1934 with the FOPA act of 1986 banning the possession and transfer of new machine guns (automatic weapons).
• Michigan has a Democrat Governor, Secretary of State, Attorney General and controls both the State Senate and House of Representatives.

Democratic Governor Whitmer:

• Whitmer signed a bill which slashed jail time for “low-level” offenses which added “a presumption of sentence other than jail for most  “I think that is something we need to look at. This blanket immunity feeds into the notion that there aren’t consequences. I think there’s something that makes sense in that space. Misdemeanors and certain felonies.”
• Whitmer rejected an $80 million police funding plan introduced by Michigan House Republicans and replied with a more scaled down $32 million plan
• In 2019, Whitmer vetoed $13 million in funding for the Michigan State Police’s secondary road program which supported rural communities’ efforts to keep their roads safe from drunk and reckless drivers.
  • This cut 119 road patrol officer positions which were tasked with patrolling county and local roads for reckless and impaired drivers.
  • In 2018, road patrol officers under this program pulled over 1,182 impaired drivers and made 5,664 criminal arrests.

The shooter had a history of gun charges. Originally arrested in 2019 and harged with a felony (concealed carry without a permit) which would have prevented the shooter from legally owning a gun in the future. 

The Democratic-Soft on Crime-Prosecutor allowed a plea bargain which brought the charge to a misdemeanor charge with 21mo of probation.

The Democratic Prosecutor went on to establish a policy in 2021 limiting the use of felony firearm charges which were supplemental to other felonies because she said such charges disproportionately affected black residents.   Prior to this policy she said she did not have an explicit polict but wanted prosecutors to “try to make changes and plea bargains proportional to the behavior in the individual case instead of zero-tolerance or bright line policy

State Law was last amended in 1986.

Clearly, the video from his prior arrest shows the shooter with a .380 handgun loaded and concealed in his pocket.

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931

750.227 Concealed weapons; carrying; penalty.

Sec. 227.

  (1) A person shall not carry a dagger, dirk, stiletto, a double-edged nonfolding stabbing instrument of any length, or any other dangerous weapon, except a hunting knife adapted and carried as such, concealed on or about his or her person, or whether concealed or otherwise in any vehicle operated or occupied by the person, except in his or her dwelling house, place of business or on other land possessed by the person.

  (2) A person shall not carry a pistol concealed on or about his or her person, or, whether concealed or otherwise, in a vehicle operated or occupied by the person, except in his or her dwelling house, place of business, or on other land possessed by the person, without a license to carry the pistol as provided by law and if licensed, shall not carry the pistol in a place or manner inconsistent with any restrictions upon such license.

  (3) A person who violates this section is guilty of a felony, punishable by imprisonment for not more than 5 years, or by a fine of not more than $2,500.00.

-State Law – Last amended in 2015

The shooter during the prior arrest accepted the plea bargain to violating the below law:

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931

750.227c Transporting or possessing loaded firearm in or upon vehicle propelled by mechanical means; violation as misdemeanor; penalty.

Sec. 227c.

  (1) Except as otherwise permitted by law, a person shall not transport or possess in or upon a sailboat or a motor vehicle, aircraft, motorboat, or any other vehicle propelled by mechanical means either of the following:

  (a) A firearm, other than a pistol, that is loaded.

  (b) A pneumatic gun that is loaded and expels a metallic BB or metallic pellet greater than .177 caliber.

  (2) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $2,500.00, or both.

The thing of it is, though, is that:

He was not in a vehicle of any kind – he was sitting on a porch stoop.
This law that he pleaded guilty of violating specifically excludes a pistol – which was what the shooter had in his pocket

Nothing to see here. Move along. Oh, and YOU should give up YOUR guns!