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Michigan: Senate Passes Youth Firearm Education Bill and Comprehensive CPL Reform Yesterday

Wednesday, June 11, 2014

Thanks to your calls and e-mails, the Michigan Senate passed both House Bill 5085 and Senate Bill 789 yesterday.

HB 5085, sponsored by state Representative Phil Potvin (R-102), passed in the state Senate by a 33 to 4 vote and has been returned to the state House of Representatives for its expected concurrence.  As previously reported, HB 5085 corrects an unduly burdensome restraint on youth firearm education by reasonably expanding the class of individuals who are allowed to supervise and instruct Michigan youth on the safe use of pistols.

SB 789 passed in the state Senate by a 24 to 13 vote, and has been sent to the state House of Representatives where it will be assigned to the House Judiciary Committee.  Sponsored by state Senator Mike Green (R-31), this important legislation seeks to create a more efficient, consistent and expedient concealed pistol licensing process.  SB 789 also creates a true “shall issue” licensing system for all statutorily eligible Michiganders.

SB 789 accomplishes this goal by eliminating county concealed weapon licensing boards as well as the discretionary licensing authority currently held by those boards.  With the elimination of the county licensing boards, county clerks would administer the concealed weapon licensing process.  Background checks that are statutorily required to obtain a Concealed Pistol License (CPL) would be conducted by the Michigan State Police (MSP). However, the MSP would not retain the discretionary authority currently held by the county licensing boards since SB 789 mandates that all persons who statutorily qualify for a CPL (i.e. not prohibited under 28.425b and satisfy all financial and submission obligations) would receive a license.

Furthermore, SB 789 provides enhanced avenues for redressing licensing delays, wrongful denials and restoration of rights.  Under SB 789, the county clerks and MSP have 45 days—beginning on the date fingerprints are taken—to either issue a CPL or provide a notice of disqualification.  If the licensing authority fails to comply with the 45-day requirement, the individual’s fingerprint receipt and driver’s license will serve as a temporary license.  For renewals, the expired license will serve as the temporary license.  SB 789 also provides an avenue to appeal for wrongful denials and petitions for restoration of rights through circuit courts.

If your state Senator voted for these bills, please thank him or her for supporting these pro-gun reforms.

Also yesterday, the state Senate voted to give immediate effect to the Firearms Records Confidentiality Package.  These bills are now on their way to Governor Rick Snyder (R), who has fourteen days to sign them.  The Firearms Records Confidentiality package is much-needed legislation which ensures that law-abiding gun owners will not face unwarranted discrimination or suspicion for exercising their constitutional right to keep and bear arms.

As always, your NRA-ILA will keep you updated as these and other pro-firearms bills move through the legislative process.

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Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.