The Second Amendment Volleys the First Round of Fire
On April 30, 2020, I watched TV in disbelief as protesters brandishing semi-automatic rifles and handguns entered the Michigan State Capitol. They demanded the state reopen for business and threatened those who work there. Legislators said they feared for their safety as armed protesters entered the balcony overlooking a legislative chamber during a law-making session.
That “protest” was a misappropriation of the Second Amendment’s right to bear arms. Rather, that protest was about intimidation of and imposing terror on those nearby. The state statute allowing weapons in the Capitol defines brandishing a weapon as, “to point, wave about, or display in a threatening manner with the intent to induce fear in another person.” An assault puts someone in fear of immediate harm; an injury or touching is not required for someone to be assaulted.
put out the fire. These are very good people, but they are angry.
They want their lives back again, safely! See them, talk to them,
make a deal.” Tweeted on 8:42 AM – May 1, 2020
The right to bear arms must never be twisted into meaning our governor, legislators, judges and prosecutors can be threatened or frightened into voting or acting a certain way because guns are waved in their faces. This behavior is unconscionable and is not how democracy works.
Since a gunman likely will not announce if a gun is loaded, it is reasonable to assume it is as a matter of self-preservation. Even if unloaded, a firearm can still be used as a bludgeon. So, an assault occurs regardless of whether the gun is loaded. I submit that numerous assaults occurred that day, and quite unnecessarily, too. Guns have no place in threatening or intimidating anyone according to Michigan Attorney General Dana Nessel. Quite right.
People are frustrated—I get it
The quarantine takes a toll. The pandemic has created hardship for almost everyone. We’re all tired and need for life to return to normal ASAP. But the fact is, our new normal requires sheltering-in-place according to the greatest scientific minds of our time. We must adhere to this quarantine to stop COVID-19 in its tracks—get control of it now, or it will control us, perhaps indefinitely. Small businesses especially are suffering, and we will find answers if we work together.
Despite an antagonistic attitude by the federal government, Governor Gretchen Whitmer has given Michiganders unwavering leadership in staunching the spread of this loathsome virus. I’m thankful for her commitment to preserving the public health because without it, we have nothing.
The First Amendment Spikes Back and Wins
The protesters certainly have the right to make their political opinions known. I strongly disagree with their views about the quarantine and their misuse of the state statute permitting firearms in the Capitol, yet I support their right of free speech.
Michigan United for Liberty’s second protest two weeks later largely proves my point. Members showed they can communicate effectively without carrying multiple semi-automatic rifles and handguns into the Capitol to assemble and petition the government. Protesters shouted that “Whitmer is lying to you,” demanding her arrest, impeachment or recall. Their message came through loud and clear.
This time, protesters remained outside because the legislative session was canceled due to the protests, and the building is locked—a temporary measure due to the protests. By being outside, social distancing was much more doable, and more people could be present in greater safety. Numerous Michigan State Police Troopers kept tensions under control; no arrests were made although some protesters had firearms. A Van Buren Township man brought an axe and a naked Barbie Doll with a noose around its neck. This caused a scuffle that troopers quelled.
Meanwhile, Johns Hopkins University (JHU) reported that Michigan ranks 7th of 50 states with COVID-19 cases. Michigan had 48,391 cases with 4714 deaths as of May 14, 2020. (JHU updates this information every 15 minutes.)
As an attorney, I have sworn to uphold the constitution. Free speech usually happens best without weapons. The protesters on April 30th were only concerned about their own interests and conducted themselves as if only their constitutional rights were important. Residents have a responsibility to each other to take steps so that we do not worsen another person’s situation. Screaming and shouting without face masks or socially distancing was selfish and irresponsible. Doing this while heavily armed just ratcheted up the tensions and made a mockery of the right to bear arms.
depicted as Adolf Hitler in protest of the shelter-in-place
order. May 14, 2020
As an Episcopal priest and political theologian, I was shocked by the lack of respect for human life through selfish acts of terror. While the cost of this pandemic has and will continue to have devastating consequences, we have an opportunity to rise to this occasion. For Christians, we have an opportunity to imitate Jesus in caring for one another and in demanding justice from the government. I saw none of that Spirit during the course of these two protests.
Let the First Amendment prevail as we debate our future in true democratic fashion, and let the guns shelter-in-place at home.
