MI: Legislature Serious about Passing Gun Reform Law

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.
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