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Fri Dec 14, 2012, 09:54 AM

Michigan Gun Bill To End Criminal Background Checks Nixed In Senate

A bill pushed by the National Rifle Association to eliminate criminal background checks for many handgun buyers in Michigan was rejected by state lawmakers Wednesday, after a heavy lobbying effort by law enforcement officials, municipal leaders and gun control advocates.

The bill would have repealed a state law mandating all handgun buyers pass a background check program run by the Michigan State Police, designed to block felons, domestic abusers and the severely mentally ill from obtaining a handgun license. Federal law bars felons from obtaining firearms, but does not mandate private sellers conduct criminal background checks on gun buyers.

The bill sailed through the Michigan House of Representatives in June, but died in the Senate after lawmakers voted overwhelmingly in favor of an alternate measure that eased handgun licensing in the state but retained the criminal background checks. Republicans in Michigan control both state houses and the governorship.

State law enforcement officials, municipal leaders and activists against domestic violence came out strongly against the measure eliminating background checks, warning it would allow illegal guns to fall into the wrong hands.

http://www.huffingtonpost.com/2012/12/13/michigan-gun-bill-nra-background-checks_n_2295413.html?utm_hp_ref=mostpopular

12 replies, 1105 views

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Arrow 12 replies Author Time Post
Reply Michigan Gun Bill To End Criminal Background Checks Nixed In Senate (Original post)
SecularMotion Dec 2012 OP
atreides1 Dec 2012 #1
gejohnston Dec 2012 #3
Atypical Liberal Dec 2012 #4
gejohnston Dec 2012 #2
Atypical Liberal Dec 2012 #5
sarisataka Dec 2012 #6
Eleanors38 Dec 2012 #7
safeinOhio Dec 2012 #8
gejohnston Dec 2012 #9
safeinOhio Dec 2012 #11
gejohnston Dec 2012 #12
SpartanDem Dec 2012 #10

Response to SecularMotion (Original post)

Fri Dec 14, 2012, 10:08 AM

1. Another example

That the NRA is nothing more then an organization that is concerned with the bottom line of gun manufacturers and only uses the the 2nd Amendment as a way to do it!

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Response to atreides1 (Reply #1)

Fri Dec 14, 2012, 10:29 AM

3. the writer links NRA and MAIG

but the actual bill is not at all what the writer claims. The purchase permit to buy from a licensed dealer is no longer needed since the dealer uses the FBI (with control number annotated on the form 4473 so the ATF inspectors know it is done). It still requires purchase permits for private sales since federal law prohibits private sellers from doing background checks. At worst it removes redundant. I'm guessing the Michigan law predated NICS or maybe even the Gun Control Act of 1968. There is nothing dire or unreasonable about it.

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Response to atreides1 (Reply #1)

Fri Dec 14, 2012, 10:35 AM

4. Right - those 4 million members don't mean anything! n/t

 

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Response to SecularMotion (Original post)

Fri Dec 14, 2012, 10:23 AM

2. who did this guy's research?

because none of it is accurate.
What it really does:
it removes the need for a purchase permit if you buy from an FFL because the FFL does the background check via the FBI using the same information. FFLs have to keep records under federal law. There is no reason local police can't access the same records. There is no need for redundant effort. It may have been needed before the ATF was created, and the IRS (who was responsible for federal gun law enforcement) didn't put much effort on FFL inspections.
Still requires one to buy one from a nonFFL, since private sellers have no access to NICS. It would extend the expiration time of the permit and would allow one to get the purchase permit from any LE office instead of ones within the county of residence. That is the beauty of 21st century IT.

It looks like it is modernizing a system that has been in place for how long? Before NICS, maybe even before the Gun Control Act or Federal Firearms Act? Seems the opposition is more about keeping turf and knee jerk "if the NRA is for it, it must be bad." Quite frankly, the end result is not what is advertised.

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Response to gejohnston (Reply #2)

Fri Dec 14, 2012, 10:39 AM

5. Yup. It's a shame you have to have an opt-in permit in Michigan...

 

...but all this proposed law would do is eliminate Michigan's redundant background check system in favor of the federal NICS system.

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Response to gejohnston (Reply #2)

Fri Dec 14, 2012, 11:06 AM

6. So if I read correctly,

it would eliminate government redundancy- likely saving money. It also actually expand the number of handgun purchasers who are checked?

Yep- that sounds like a bad thing

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Response to sarisataka (Reply #6)

Fri Dec 14, 2012, 11:29 AM

7. It's not like Michigan needs to save tax revenues.

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Response to SecularMotion (Original post)

Fri Dec 14, 2012, 11:57 AM

8. So, if one wants to purchase a handgun

they have to go thru a background check if buying it from a private party, just like if they purchased one thru a store. I would think this would be a model law for every state.

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Response to safeinOhio (Reply #8)

Fri Dec 14, 2012, 12:07 PM

9. all the law does is remove

the redundancy when buying from an FFL. The requirement to get one from a private sale stays. It also makes it easier for folks to get their permits.
If they can't open NICS to non FFLs, a "clean bill of health" from the cops could be something to think about.

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Response to gejohnston (Reply #9)

Fri Dec 14, 2012, 12:17 PM

11. Without a requirement for a

For a background check it is worthless.

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Response to safeinOhio (Reply #11)

Fri Dec 14, 2012, 12:29 PM

12. the background check by local cops stays for private sales

and you get the permit to show the guy who put in the newspaper ad. It just removes the redundancy with FFLs.

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Response to SecularMotion (Original post)

Fri Dec 14, 2012, 12:13 PM

10. We'd still have a highway shooter if weren't for this law

Last edited Fri Dec 14, 2012, 03:57 PM - Edit history (1)

While House Bill 5225 would repeal sections of the handgun license law, it also would make the State Police, county sheriffs and police chiefs destroy all records under their control that were retained under certain sections of the law - except those being held as evidence in a pending prosecution or civil proceeding.

State Police Sgt. Chris Hawkins said the registry database is a "tremendous law enforcement tool" that helped authorities narrow in on a suspect in the recent shootings along the Interstate 96 corridor

http://www.mlive.com/news/index.ssf/2012/12/handgun_sales_michigan_mayors.html

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