Posted on 01/29/2013 9:44:07 AM PST by MichCapCon
Michigan's handgun owners could get an extra layer of privacy protection if a newly introduced Senate bill is passed and signed into law.
Senate Bill 49 was introduced by Sen. Tom Casperson, R-Escanaba, and would keep state databases containing information on issued licenses private. It also would keep them from being subject to the Freedom of Information Act.
Concealed pistol licenses in Michigan already are protected as private information under state law. However, pistol sales records and pistol sales permits are now protected only by case law, said Ryan Mitchell, a legislative staffer who researched the law for Sen. Mike Green’s office. It was ruled in the 1999 Michigan Supreme Court Case, Mager vs. the Michigan State Police, that pistol sales records and pistol sales permits were private information, but no law specifically says that.
The Supreme Court ruling only gives the state police the option to deny FOIA requests, and doesn’t mandate it, said Patrick Wright, senior legal analyst for the Mackinac Center for Public Policy. Wright said if the state police wanted to, they could release the information.
The state Supreme Court has the final authority but it would have a hard time justifying overturning the state law, Wright said.
Language in the proposed bill states the information is confidential and "shall not be disclosed."
“This really makes these protections concrete and sets them in stone." Mitchell said. "You don't want to be broadcasting to criminals the location of legally-owned firearms."
Steven Dulan, a Lansing attorney and member of the NRA and the Michigan Coalition for Responsible Gun Owners applauded the bill.
"This is a useful step from protecting Michigan gun owners from abuses similar to what happened in New York," Dulan said, adding that people who don't own guns also benefit from gun ownership being kept confidential because it forces "predators to think twice before breaking into anyone's home."
Dulan was referring to the national furor created when The Journal News newspaper in New York published the names and addresses of gun permit holders in their circulation area and included an online map showing the location of the homes of the gun owners.
Since then, at least one person blames the map for his home being burglarized and there are reports that prisoners have told guards that they know where they live thanks to the newspaper. The state of New York legislature passed a law that allows gun owners a way to keep that information private.
Mackinac Center legislative analyst Jack McHugh said the controversy generated by the newspaper publishing the names could make Senate Bill 49 one of the first Public Acts passed in 2013.
"The stars are aligned for this bill," McHugh said.
But I thought the GOP was dead?
Maybe the RNC in Washington DC, but not in the 50 states.
The road to Liberty is through the States.
Its crazy but the GOP really should look to Michigan for how to behave. Snyder vetoed the guns in school bill that had the unfortunate timing of landing on his desk the day before Sandy Hook.
Senate Bill 60, Clarify statutory gun dealer reference: Passed 31 to 5 in the Senate
To make a technical change to a statutory reference to federal firearms dealers. Reportedly this is necessary because under current state law, many licensed firearms dealers could be considered in violation of every time they sell a pistol.
Newly Introduced Firearms Bills of Interest
Senate Bill 63 and House Bill 4099: Assert immunity of “Michigan-made” firearms from federal gun bans (“Firearms Freedom Act”)
Introduced by Sen. Phil Pavlov (R) and Rep. Greg MacMaster, respectively to establish that firearms which are completely made in Michigan and remain within its borders may be possessed and sold in this state, notwithstanding any potential federal gun bans that claim authority based on the U.S. constitution’s interstate commerce clause.
The Senate version was approved 3-1 by the Judiciary Committee and sent to the full body for consideration. Republican Sens. Jones, Schuitmaker and Rocca voted “yes” and Democrat Sen. Bieda voted “no.” Meanwhile, House Speaker Jase Bolger told Mirs News the House will go slow on taking up gun bills given that emotions are still raw after the horrific Newtown school shooting in December.
House Bill 4098: Authorize school employee concealed pistols with appropriate training
Introduced by Rep. Greg MacMaster (R) on January 24, 2013, to make an exception to the “gun free school” provision of the state concealed pistol permit law, and explicitly allow a teacher, administrator, or other school employee to carry a concealed pistol if the school’s chief executive officer authorizes this and the individual has received whatever additional training is considered appropriate by the chief executive. Referred to committee, no further action at this time.
House Bill 4104: Expand concealed pistol law “gun free zone” to libraries
Introduced by Rep. Andy Schor (D) on January 24, 2013, to expand the “gun free zone” provision of the concealed pistol permit law to include public libraries. The bill would also prohibit carrying firearms openly (unconcealed) in a library. Some gun owners have protested local library gun bans recently by openly carrying firearms in the library; nothing in state law explicitly prohibits the open carry of firearms. Referred to committee, no further action at this time.
http://www.freerepublic.com/focus/news/2967053/posts?page=1
Aye, your stealing my lines again CC, in a couple of weeks all you and I post will be on Beck and Brietbart's site... :-)
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