Welcome to MGO's Internet Discussion Forums…Please Consider Becoming a Dues-Paying Member of the ORG…Click >>>>>HERE<<<<< for more info…………****DONATIONS**** can also be made toward MGO's Legal Defense Fund and/or MGO's Forums >>>>>HERE<<<<<

KROGER

Results 1 to 8 of 8
  1. #1
    I am a Forum User
    Join Date
    Aug 2002
    Location
    Lincoln Park
    Posts
    11,437

    HB 5647 report background check denials

    • HB 5647 of 2016
      Weapons; licensing; reporting requirements of background check denials; provide for. Amends sec. 6 of 1927 PA 372 (MCL 28.426).
      Last Action: 5/17/2016 bill electronically reproduced 05/12/2016

  2. #2
    I am a Forum User
    Join Date
    Jan 2010
    Location
    Sanford
    Posts
    459
    Ridiculous. This would require reporting people as if they are criminals when a lot of the denials could be from technicalities or errors in the system.

  3. #3
    I am a Forum User
    Join Date
    Dec 2008
    Location
    Ann Arbor, MI
    Posts
    16,971
    That's not why it's ridiculous (at least, not the only reason).

    This law requires that people who go to POLICE STATIONS to get a purchase permit... and get denied... have that information reported to the same police station where they went to apply.

    OF COURSE THE COPS ALREADY KNOW. WHY WOULD YOU NEED THIS LAW?!

  4. #4
    MGO Member Roundballer's Avatar
    Join Date
    Mar 2009
    Location
    I/C "Gateway to the Thumb" Lapeer County
    Posts
    22,562
    (5) The notification described in subsections (2) and (3) shall include the identity of the applicant, the date and time of the denial, the grounds for the denial, and the location where the application was made.
    I didn't think that the NICS would return a "why", just responses of "proceed", "delay", or "deny".

    If an "applicant" had a problem, THEY had to straighten it out.


    Life Member, NRA, Lapeer County Sportsmen's Club Disclaimer: I Am Not A Lawyer. Opinions expressed are not representative of any organization to which I may belong, and are solely mine. Any natural person or legal entity reading this post accepts all responsibility for any actions undertaken by that person or entity, based upon what they perceived was contained in this post, and shall hold harmless this poster, his antecedents, and descendants, in perpetuity.

  5. #5
    I am a Forum User
    Join Date
    Dec 2008
    Location
    Ann Arbor, MI
    Posts
    16,971
    Quote Originally Posted by Roundballer View Post
    I didn't think that the NICS would return a "why", just responses of "proceed", "delay", or "deny".

    If an "applicant" had a problem, THEY had to straighten it out.
    PPPs from the state don't use NICS. They use LEIN.

  6. #6
    MGO Member Roundballer's Avatar
    Join Date
    Mar 2009
    Location
    I/C "Gateway to the Thumb" Lapeer County
    Posts
    22,562
    Quote Originally Posted by zigziggityzoo View Post
    PPPs from the state don't use NICS. They use LEIN.
    This Bill amends MCL 28-426, and THAT section says exactly the opposite. MCL 28-422 requires the LEIN check, by name, but it does not limit the check to that law.

    MCL 28-426, and the bill HB-5647 have the below language:

    A license shall not be issued to an applicant under section 2 or 5b unless both of the following apply:

    (a) The issuing agency has determined through the federal national instant criminal background check system (NICS) that the applicant is not prohibited under federal law from possessing or transporting a firearm.
    <-snip->
    Section 2 is 28.422, and 5b is 28.425b. So, they must run a NICS for either an LTP or a CPL.

    If you are telling me that someone is willfully disobeying the laws, there is nothing that I can do about that.


    Life Member, NRA, Lapeer County Sportsmen's Club Disclaimer: I Am Not A Lawyer. Opinions expressed are not representative of any organization to which I may belong, and are solely mine. Any natural person or legal entity reading this post accepts all responsibility for any actions undertaken by that person or entity, based upon what they perceived was contained in this post, and shall hold harmless this poster, his antecedents, and descendants, in perpetuity.

  7. #7
    I am a Forum User
    Join Date
    Dec 2008
    Location
    Ann Arbor, MI
    Posts
    16,971
    I sit corrected. As far as I know, the NICS system is only provided to FFLs - Michigan is a POC provider of a state-implemented NICS solution, and that is LEIN. LEIN itself checks with NCIC, III, and the NICS Index, just like the federal NICS does, but LEIN also has access to other databases.

    I may be wrong, but I believe police departments use LEIN for the purchase permitting process, because federal law allows it. If state law doesn't, then they may just be ignoring that requirement.

  8. #8
    It's like saying 2 X 6 = 12 instead of 6 X 2 = 12.

    The ATF has Michigan as a POC for LTP's and CPL's. LEIN may check NICS electronically; however, there is no fundamental difference. Only the MSP computer guys or the ATF could verify for sure. POC checks are generally more thorough and in depth than NICS.

    In order for Michigan to be NICS exempt, the ATF has to be satisfied that Michigan's process meets the ATF requirements for a NICS waiver. LEIN, as it stands today, satisfies that process. The ATF could change their minds in the future, and if LEIN doesn't adapt to the change, then dealers will have to call in a NICS check.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
only search Michigan Gun Owners Forums
MGO's Facebook MGO's Twitter