Sunday, December 02, 2012

CPL changes passed Michigan Senate (SB59)

There was a lot of talk about reforming some of Michigan's gun laws. Snyder (and Michigan State Police) was behind the scenes pushing back against a lot of it. He's not a real friend of gun owners, although he's not Gretchen Whitmer or Joe Schwarz on this issue either from what I hear.  Probably similar to Granholm or Engler who won't oppose it if it is politically expedient. Granholm was awful as AG on this issue (tied too much with Duggan), not bad on this issue as governor (thanks to Cherry), and now back to her AG views with her talk show (ie Stand your ground comments after she signed a similar bill in MI). I was hoping to get rid of registration/licensing completely. That didn't happen.

I was hoping this would go further than it did. It's still much more good than bad. The two bads are the OC loophole in CEZ's by CPL holders is officially closed, and hearing notices are now first class mail instead of certified. The rest are improvements, including exemptions for "special" CPLS (rather repeal completely), and sheriffs doing all the gun board work (rather be gone completely, but it's better). This reminds me a bit of the original CPL bill. Some good steps, but it isn't perfect.

A compromise bill, SB 59, passed the Michigan Senate that did I think more good than bad. Mlive gives a brief run down. 

LANSING, MI - County concealed weapons licensing boards would be eliminated and sheriffs would take over their duties under a bill approved Thursday by the Michigan Senate.
The legislation – passed 27-11 in the Republican-led chamber – next goes to the Republican-led House for its consideration in the final weeks of the 2011-12 legislative session.
Some of the changes contained in the proposal, according to an analysis provided by Republicans:
• Concealed carry permit holders who get additional, enhanced training beyond basic requirements and spend more time at the gun range would be allowed to carry concealed in so-called “gun free” zones such as schools and churches. The pistol-free zones would remain in effect for others. “Open carry” in those zones would be prohibited.
• County concealed weapons licensing boards would be eliminated, and county sheriffs would assume their duties. County clerks and state police would continue to have roles in the process. Sheriffs would continue to consult with prosecutors and police on applicants.
• A license decision would have to be made within 45 days of application – one of the provisions aimed at streamlining the permit process.

Some of it I like. Some of it I wish goes further. I like the boards being eliminated period with the police out out of the equation completely (sorry Murph), but I'd much rather have the sheriffs there than the prosecutors and especially MSP. MSP out of the equation is a huge win and reduces gamesmanship. They are no friends of freedom.

One of the best aspects of this bill is that an applicant may no longer be required to meet with the sheriff's rep (formerly board) unless the sheriff's dept believes the applicant may not be qualified for a CPL. That's eliminates a major inconvenience in some counties. 

The bill prohibited licensing authorities from requiring other documents (Doctor's notes were a problem in Kent County) and extra fees outside what is legislated.

Stalling by counties on fingerprints does not affect the 45 day window for temporary licenses.

An exemption is required allowing CPL holders to carry in some CEZ's (criminal empowerment zones). Exemption requests that are denied can be appealed.

The training now requires firing at least 98 rounds of ammo, not 30.

The new exemption covers this:

k) An individual who applies for and is granted an exemption

from this section by the licensing authority. An individual is

eligible for an exemption from this section only if the individual

requests an exemption on his or her license application and 1 or

more of the following apply:

     (i) The individual is a licensee or is applying for an initial

or renewal license or an exemption under this subdivision who

provides a certificate indicating on its face that the individual

has completed not less than 8 hours of training in addition to the

training required under sections 5b(7)(c) and 5j that satisfies all

of the following conditions:

     (A) It includes both classroom and range time.

     (B) It includes the firing of not fewer than an additional 94


     (C) It focuses on the training principles described in section

5b(7)(c) as they apply to public places and premises listed in

subsection (1) as limited under subsection (5).

     (D) It is provided by an agency of this state or by a national

or state firearms training organization.

     (E) The training instructor is certified as a firearms

instructor by this state or by a national or state firearms

training organization and is eligible under section 5j to provide

training under section 5b(7)(c).

     (F) The training is completed not more than 5 years

immediately preceding the date of application for an original or

renewal license or an exemption under this subdivision.

     (ii) The individual is certified as a firearms instructor by

this state or by a national or state firearms training

organization, and is eligible under section 5j to provide training

under section 5b(7)(c). It is prima facie evidence that the

individual is eligible for an exemption under this subparagraph if

the individual possesses a certificate as a firearms instructor

issued by this state or by a national or state firearms training

organization that meets the requirements of section 5j.

     (6) The licensing authority may delegate the responsibility

for issuing or denying issuance of an exemption under subsection

(5)(k) to the clerk of the licensing authority for current

licensees only.

     (7) The licensing authority or the clerk under subsection (6),

as applicable, shall within 10 days after receiving an application

for an exemption, either issue or deny issuance of the exemption

and send by first-class mail in a sealed envelope a replacement

license to the applicant with the exemption indorsement or, if the

exemption is denied, a notice of denial. If the exemption is

denied, the notice of denial shall specifically state the statutory

authority for the denial. Nothing in this subsection prohibits the

licensing authority or the clerk, as applicable, from making a

determination regarding the exemption at the time the application

is submitted and immediately either issuing a replacement license

to the applicant that contains the exemption indorsement or denying

the exemption and immediately providing the written notice of the

denial, including the statement of the statutory authority for the

denial, to the applicant.

     (8) If the licensing authority delegates the responsibility

for issuing or denying issuance of an exemption under section 5o to

the clerk of the licensing authority, the entire fee paid for the

exemption and the replacement license shall be deposited in the

concealed pistol licensing fund and credited to the account

established for the clerk of the licensing authority.

     (9) If the applicant is licensed under this act to carry a

concealed pistol at the time he or she is granted an exemption

under section 5o, the applicant shall surrender his or her license

to the licensing authority by mail or in person immediately upon

receiving his or her replacement license containing the exemption


     (10) An individual licensed under this act to carry a

concealed pistol, or who is exempt from licensure under section

12a(1)(h), shall not intentionally display or openly carry a pistol

on the premises listed in subsection (1)(a) to (h) unless the

individual owns the premises described in subsection (1) or is

employed or contracted by the owner or other person with control

over the premises described in subsection (1), if the possession of

the firearm is to provide security services for the premises or is

otherwise in the scope of the individual's official duties, or the

individual is acting with the express written consent of the ownerof the premises or an agent of the owner of the premis

Why does this always have to be so convoluted? I need to give Mike Green's office a call and see what is defined as a "state or national firearms training organization." At first glance, my gut tells me likely NRA, as they are the usual standard, but I'd like to rely on more than that. What is going to piss off some people is the subtle open carry ban by cpl holders in those CEZ's. Depending on some technicalities, one is possibly allowed to open carry in some cez's if that individual is a cpl holder. This is no longer the case without the exemption. Violations of carrying in criminal empowerment zones are the same. Civil infraction and CPL suspension for 1st offense. Misdeamenor and revoke for 2nd offense. Felony for 3rd offense and CPL revoked.

I don't like at all the certified mail being replaced by first class mail for hearing notices. I don't trust first class mail very much unless it's certified.

There's added projection for the "village idiot" clause. If there is "clear and present" danger, an applicant or CPL holder is a danger to the public, the applicant is entitled to legal council at the hearing to help make sure this actually is the case and not gamesmanship.

Interestingly, the Michigan Senate on guns is probably more partisan now than ever. Part of that is probably 2010 election results by location.

Roll Call No. 791 Yeas—27
Booher Green Kowall Proos
Brandenburg Hansen Marleau Richardville
Casperson Hildenbrand Meekhof Robertson
Caswell Hune Moolenaar Rocca
Colbeck Jansen Nofs Schuitmaker
Emmons Jones Pappageorge Walker
Gleason Kahn Pavlov
Anderson Hood Johnson Whitmer
Bieda Hopgood Smith Young
Gregory Hunter Warren
Not Voting—0
In The Chair: Hansen
The Senate agreed to the title of the bill.

Anderson's vote surprised me a little. The rest did not. Gleason's the lone dem voting for this bill. Back in the original CPL days, about 1/3 of the dems supported it and 1/4 of the republicans opposed. Now no republicans opposed it, and only one dem supported it. It'll be interesting to see what the house does.  

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