MI: Legislature Serious about Passing Gun Reform Law

Gun Watch ^ | 5 February, 2015 | Dean Weingarten

[marktwain]

L On January 15, 2015, Michigan's Governor Rick Snyder vetoed gun reform legislation that had strong support in the legislature.   Snyder cited concerns that were drummed up in a media campaign by the bill's opponents.  The bills sponsors consistently said that the complaints were baseless.  To obtain the governor's signature, the new legislature has removed the small bit of the legislation that Governor Snyder objected to, and passed the new bill, known as SB34 with over a 3-1 vote.  From mlive.com:

LANSING, MI -- Michigan's Republican-led Senate on Tuesday, in its first official vote of the 2015-16 session, approved gun legislation that supporters say will streamline the application process for obtaining a concealed pistol permit.

Senate Bill 34, advancing to the House after a 28-9 vote, is an updated version of legislation that was vetoed less than three weeks ago by Michigan Gov. Rick Snyder.

The bill itself is over 60 pages of legalese, and takes quite a bit of study to unravel.  Here is a a summation and analysis of the bill by the Michigan Senate.

 Senate Bill 34 would amend the handgun licensure law to do the following:
 
-- Eliminate county concealed weapon licensing boards effective October 1, 2015, and require the boards to transfer all license applications and official documents to the county clerks.
 
-- Reduce the timeline for processing an initial or renewal concealed pistol license (CPL) application.
 
-- Revise procedures for applying for and obtaining a CPL.
 
-- Require the Michigan Department of State Police (MSP) to verify, through the Law Enforcement Information Network (LEIN) and a national criminal background check, the requirements for an applicant to receive a CPL and report any statutory disqualification to the county clerk.
 
-- Require each county to establish a concealed pistol licensing fund for administration of the law.
 
-- Reduce the application and licensing fee for a CPL from $105 to $100, effective October 1, 2015, and revise requirements for the distribution of fee revenue.
 
-- Revise the fingerprinting requirements for a CPL applicant.
 
-- Require the entity providing fingerprint services to issue a receipt to an applicant.
 
-- Provide that, if a CPL or notice of statutory disqualification were not issued within 45 days after the fingerprinting receipt was issued, the receipt would temporarily serve as a CPL.
 
-- Delete a requirement that a licensing board deny a CPL to an applicant who was not qualified under the law to receive a license, and instead require the county clerk to send a notice of statutory disqualification to an applicant who was not qualified.
 
-- Revise provisions related to the appeal of a license denial.
 
-- Delete provisions for the awarding of a temporary CPL.
 
-- Provide for an emergency CPL for an applicant who was a petitioner for a domestic violence or stalking personal protection order (PPO) or if the county heriff determined the applicant or a household or family member was endangered by the applicant's inability to immediately obtain a CPL.
 
-- Revise procedures for the renewal of a CPL, including requiring an application and licensing fee of $115.
 
-- Require the MSP to establish, by October 1, 2018, a system for submitting renewal applications online or by first class mail.
 
-- Allow a member of the U.S. Armed Forces, the Armed Forces Reserve, or the Michigan National Guard who was stationed outside the State to apply to renew his or her CPL by mail, until October 1, 2018.

-- Require the county clerk to notify a licensee before his or her CPL expired.
 
-- Revise procedures and the basis for suspension or revocation of a CPL.
 
-- Specify that a person could voluntarily surrender his or her CPL without explanation.
 
-- Revise requirements for the pistol safety training course required for a CPL.
 
-- Revise provisions prohibiting a CPL holder from carrying a concealed pistol or taser while he or she is under the influence of alcohol and/or a controlled substance.
 
-- Require the Secretary of State to make a digitized photograph from a driver license or personal ID card available for use on a CPL and require a CPL to be constructed of plastic laminated paper or hard plastic.
 
-- Revise information that must be included in a database maintained, and an annual report to the Legislature submitted, by the MSP.

The bill also would repeal sections of the law that do the following:
 
-- Require a prosecuting attorney to notify the appropriate licensing board of a criminal charge against, or conviction of, a CPL holder.

-- Allow a licensing board to issue a license for the use of gas ejecting devices to protect premises, vehicles, people, and property from criminal assaults.

The bill tackles numerous small problems with Michigan's concealed carry law, and removes the tiny part of the bill that was used to create enough controversy for Governor Snyder  to veto it.   The legislature hopes that Governor Snyder will sign this bill without problem, as he said that there were many reforms in the previous bill that he agreed with.

 ©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

[marktwain]

Lots of small, needed, reforms.

[yefragetuwrabrumuy]

Actually, it is all eyewash. They don’t need any of that nonsense, and could throw it all out and take the path of Arizona. Seriously, all they are doing is saying that the people of Michigan are *inferior* to the people of Arizona, so they need to be controlled by their state government.

The people of Michigan should feel insulted. Their government is regulating the amount of their natural born civil rights it is *allowing* them to have.

[marktwain]

Arizona went through a lot of incrementalism before we achieved constitutional carry.

I think it is a step forward.

[cripplecreek]

Its a start but I'm still waiting for someone to explain what background checks do aside from tagging people who are legally buying guns.< br>


Michigan legislative action thread

[marktwain]

Well...they set up a data base so that we can incrementally move toward registration and confiscation.

Let me see... They impose a burden on the majority to add tiny a bit of discouragement for those who are prohibited from buying a gun.

They get people used to asking the government for permission to exercise an enumerated right.

They serve as a way to undermine the idea of limited government.

I must have missed something..../S

[OldMissileer]

Holy cow! $105 for the application fee? Talk about making it difficult to obtain a permit by hard working citizens. I thought $50 was a lot here in Virginia.

I hope that they lower the fee again before I move to Michigan permanently.

[RedMDer]

FReepers! Let's go!
Every donation counts!



[cripplecreek]

I think they should get rid of it all together but I’m an extremist who doesn’t see the point of making laws that criminals will ignore anyway.

[Hot Tabasco]

Not too optimistic since Snyder isn't the conservative nerd he professed to be...........

He's turned out to be nothing more than a Granholm minus the tits and the mole............

[OldMissileer]

I think they should get rid of it all together but I’m an extremist who doesn’t see the point of making laws that criminals will ignore anyway.

We all know the politicians and most government employees do not want their serfs, us, armed. It is much harder to control us when we can shoot back so for now they try as hard as possible to keep track of us as best they can so making us get permits, with the help of a very stupid electorate, is a good way to at least guess who can defend themselves. It may not be complete or accurate but it is a start for them.

[WMarshal]

Constitutional carry is the only way to go. Only felons should have to worry about interacting with the state.

[devolve]

.

- Recently, the ACLU received documents from a Freedom of Information Act (FOIA) request. It would seem the DEA was planning on, or at least contemplating, using Automatic License Plate Readers (ALPRs or LPRs) to gather intelligence about whose cars were attending gun shows. The emails obtained in the FOIA were highly redacted which makes getting the whole scoop difficult if not down right impossible, but suggests the program was well past the brainstorming stages.

“DEA Phoenix Division Office is working closely with ATF on attacking the guns going to [redacted] and the gun shows to include programs/operation with LPRs at the gun shows.”

SHOT Show 2015

.

[marktwain]

Introduced so far this year:

http://gunwatch.blogspot.com/2015/02/idaho-introduces-constitutional-carry.html

http://gunwatch.blogspot.com/2015/02/wv-constitutional-carry-introduced-in.html

http://gunwatch.blogspot.com/2015/02/sd-gun-reform-bill-introduced.html

http://gunwatch.blogspot.com/2015/01/nh-constitutional-carry-introduced.html

http://gunwatch.blogspot.com/2015/01/ksconstitution-carry-set-to-pass-kansas.html

http://gunwatch.blogspot.com/2014/11/txgovernor-elect-abbot-says-he-will.html

I believe that NC also has had a bill introduced. They had one last year, supported by Governor Haley.

http://gunwatch.blogspot.com/2014/02/sc-governor-haley-supports.html

[Lurker]

It’s $150 here in IL.

[OldMissileer]

It’s $150 here in IL.

Ouch!

[Lurker]

That doesn’t include the $450 in mandatory classes and the $65 bucks for electronic fingerprints, also required.

L

[marktwain]

No fingerprints required in Wisconsin.

To what end would they be required?

[OldMissileer]

That doesn’t include the $450 in mandatory classes and the $65 bucks for electronic fingerprints, also required.

Here in Va the application fee may not exceed $50 and no fingerprinting is required.

If you have been in the military (have a DD Form 214), a cop, or a licensed armed security guard, you do not have to have classes/training. If you do not then you must have a class from a certified instructor. I know some instructors charge as little as $35 but really teach nothing. A very good friend of mine is one of the best in the state and he charges $75. There are some that charge $100 or more and they seem to stay in business.

Here in Va you do not have to take an actual shooting test at a range.

[exnavy]

We the people of the great state of Michigan seek the restoration of our constitutional rights on firearms, for free.

[Lurker]

I’m not sure. And fingerprints aren’t mandatory just “strongly recommend” in order to “facilitate” quicker processing. I didn’t submit mine as they’re already on file with the State. It’s been well over 90 days since I submitted my application.

It breaks down like this for the average person:

16 hours of “training” in total.

NRA Basic Pistol-8 hours
4 hours range instruction
4 hours classroom on the law.

The NRA basic can be waived if you submit your DD214. Which I did. But if you need all the classes it runs $400-450 depending on where you take them.

Prints are $65 here if done electronically.

Then the fee to the States is $150 for processing. Total ripoff.

L