Knimrod
12-23-2005, 11:18 PM
Lansing prepares for 'stand your ground' bill
December 23, 2005
By DREW STOREY
At the end of the year 2000, the Michigan Legislature voted to allow residents the right by law to apply for a Concealed Pistols License (CPL), and if awarded the CPL, individuals were given the right to carry a pistol in public places.
In July of 2001, the law went into effect.
The process of carrying a concealed weapon is often referred to as having a Carrying Concealed Weapons (CCW) permit. However, if that concealed weapon is a pistol, the license needed is a CPL.
Even if a CPL is obtained, it doesn't mean that the licensee is allowed to carry other concealed weapons such as throwing stars or police batons. This is the distinction between CCW and CPL.
After the law was passed, many people had concerns of out-of-control violent crime, and western style gunfights in the streets.
That didn't happen, and, according to the 2003 Michigan Uniform Crime Report, Michigan experienced a 10 percent drop in violent crime between 1999 - a year before the CCW law was passed - and 2003.
For now, an individual can still be held responsible for taking a life, no matter what pretenses surround the death. The people who received a CPL know this and have serious concerns about the price that they would pay if forced to defend themselves or their family.
"I could be perfectly justified in what I've done," said Rick Hansen, co-owner of Silver Bullet Firearms, located at 5121 S. Division Ave. "And Kent County could burn me on a criminal trial which could cost as much as $50,000 in lawyer fees, even if I'm not convicted."
"Then a year and half down the road, say a relative comes up to me Are you Rick Hansen?' And because some kid strung out on drugs came into my home, and I defended myself, I could be sued in a civil trial, which could cost another $50,000," Hansen said.
A bill introduced to the State House Judiciary Committee, HB 5143, would exonerate an individual from criminal and civil charges if a shooting meets the bill's definition of self-defense.
"I've seen many victims of violent crime," said Rep. Rick Jones from the 71st District.
Jones has spent 33 years of his life in law enforcement with 30 years at the Eaton County Sheriff's Department. He was elected sheriff in 2000.
"Our case law shouldn't say that you are required to run away. I just think that is common sense."
Jones has teamed up with Rep. Tom Casperson in his efforts to bring new self-defense legislation to the Michigan House of Representatives.
The State of Florida has been successful as the first state to pass such laws, labeled "stand your ground" laws that allow people to use force in self-defense without first attempting to retreat from a threatening situation.
If Jones has his way, Michigan will be the second.
Expounding on the "Castle Doctrine," the notion of defending oneself at home or in their vehicle, the new law would allow individuals to defend themselves almost anywhere without first exhausting a preexisting "duty to retreat."
"I truly believe these Brady-type groups have to scream the sky is falling in order to raise money for their foundations. They screamed the sky was falling when the CCW law was passed," said Jones.
Amongst an across-the-board decline in Michigan crime in the five years between 1999 through 2003, according to the 2003 Michigan Uniform Crime Report, rape has increased by 14 percent.
"Women 18 to 24 are some of the biggest supporters. I think this shows that this is common sense bill," said Jones.
Buying a pistol
The process of purchasing and legally owning a pistol in Michigan is relatively simple. A pistol purchase permit is required to purchase the firearm. As long as an individual is 21, and has no record of mental illness or felony convictions, the permit can usually be obtained at any municipality police agency or sheriff's department for $5.
Conditions on receiving the permit to purchase will vary with departments. The Wyoming Police Department will, upon review of a clean background check, issue a permit to purchase on the spot. Grand Rapids Police will not issue a permit for several days. In Holland, every application for a permit to purchase goes through Police Chief John Kruithoff's office.
We are a small department with 60 officers," said Kruithoff. "Depending on what information is available, we can have an answer within a couple days."
Applicants can be asked to attest to their mental stability, provide identification and signature, and even participate in a swearing in.
Police organizations will tell applicants that they must go to the department where they live, the police station that would answer a distress call to the applicant's home when calling 911.
Upon receiving the pistol-purchasing permit, it is valid for 10 days. A pistol must be purchased within 10 days, and can be purchased immediately after obtaining the permit.
Once the pistol is purchased, it must be registered with the local police. According to Larry Bellgraph, activist for the Michigan Coalition of Responsible Gun Owners (MCRGO), the police call this a safety inspection, though no safety features will be tested and the department is not liable for noting any deficiency with the pistol.
"I've intentionally brought a pistol with a cracked barrel visible from the outside, to a safety inspection'. They didn't even notice," Bellgraph said.
New gun owners are responsible for bringing the pistol into the police department unloaded. The serial numbers will be written down, barrel length measured, and a registration card will be issued.
At this point it would be legal to transport the pistol in the trunk of a car, unloaded, with ammo in a separate compartment, to and from places to sell or buy the pistol, or to and from locations where it is lawful to discharge the pistol.
Next week: The process of applying for a CPL, and the debate surrounding the push for stand your ground' laws.
Link to story (http://www.mlive.com/news/advancenewspapers/kentwood/index.ssf?/base/news-1/113509934516060.xml&coll=10)
December 23, 2005
By DREW STOREY
At the end of the year 2000, the Michigan Legislature voted to allow residents the right by law to apply for a Concealed Pistols License (CPL), and if awarded the CPL, individuals were given the right to carry a pistol in public places.
In July of 2001, the law went into effect.
The process of carrying a concealed weapon is often referred to as having a Carrying Concealed Weapons (CCW) permit. However, if that concealed weapon is a pistol, the license needed is a CPL.
Even if a CPL is obtained, it doesn't mean that the licensee is allowed to carry other concealed weapons such as throwing stars or police batons. This is the distinction between CCW and CPL.
After the law was passed, many people had concerns of out-of-control violent crime, and western style gunfights in the streets.
That didn't happen, and, according to the 2003 Michigan Uniform Crime Report, Michigan experienced a 10 percent drop in violent crime between 1999 - a year before the CCW law was passed - and 2003.
For now, an individual can still be held responsible for taking a life, no matter what pretenses surround the death. The people who received a CPL know this and have serious concerns about the price that they would pay if forced to defend themselves or their family.
"I could be perfectly justified in what I've done," said Rick Hansen, co-owner of Silver Bullet Firearms, located at 5121 S. Division Ave. "And Kent County could burn me on a criminal trial which could cost as much as $50,000 in lawyer fees, even if I'm not convicted."
"Then a year and half down the road, say a relative comes up to me Are you Rick Hansen?' And because some kid strung out on drugs came into my home, and I defended myself, I could be sued in a civil trial, which could cost another $50,000," Hansen said.
A bill introduced to the State House Judiciary Committee, HB 5143, would exonerate an individual from criminal and civil charges if a shooting meets the bill's definition of self-defense.
"I've seen many victims of violent crime," said Rep. Rick Jones from the 71st District.
Jones has spent 33 years of his life in law enforcement with 30 years at the Eaton County Sheriff's Department. He was elected sheriff in 2000.
"Our case law shouldn't say that you are required to run away. I just think that is common sense."
Jones has teamed up with Rep. Tom Casperson in his efforts to bring new self-defense legislation to the Michigan House of Representatives.
The State of Florida has been successful as the first state to pass such laws, labeled "stand your ground" laws that allow people to use force in self-defense without first attempting to retreat from a threatening situation.
If Jones has his way, Michigan will be the second.
Expounding on the "Castle Doctrine," the notion of defending oneself at home or in their vehicle, the new law would allow individuals to defend themselves almost anywhere without first exhausting a preexisting "duty to retreat."
"I truly believe these Brady-type groups have to scream the sky is falling in order to raise money for their foundations. They screamed the sky was falling when the CCW law was passed," said Jones.
Amongst an across-the-board decline in Michigan crime in the five years between 1999 through 2003, according to the 2003 Michigan Uniform Crime Report, rape has increased by 14 percent.
"Women 18 to 24 are some of the biggest supporters. I think this shows that this is common sense bill," said Jones.
Buying a pistol
The process of purchasing and legally owning a pistol in Michigan is relatively simple. A pistol purchase permit is required to purchase the firearm. As long as an individual is 21, and has no record of mental illness or felony convictions, the permit can usually be obtained at any municipality police agency or sheriff's department for $5.
Conditions on receiving the permit to purchase will vary with departments. The Wyoming Police Department will, upon review of a clean background check, issue a permit to purchase on the spot. Grand Rapids Police will not issue a permit for several days. In Holland, every application for a permit to purchase goes through Police Chief John Kruithoff's office.
We are a small department with 60 officers," said Kruithoff. "Depending on what information is available, we can have an answer within a couple days."
Applicants can be asked to attest to their mental stability, provide identification and signature, and even participate in a swearing in.
Police organizations will tell applicants that they must go to the department where they live, the police station that would answer a distress call to the applicant's home when calling 911.
Upon receiving the pistol-purchasing permit, it is valid for 10 days. A pistol must be purchased within 10 days, and can be purchased immediately after obtaining the permit.
Once the pistol is purchased, it must be registered with the local police. According to Larry Bellgraph, activist for the Michigan Coalition of Responsible Gun Owners (MCRGO), the police call this a safety inspection, though no safety features will be tested and the department is not liable for noting any deficiency with the pistol.
"I've intentionally brought a pistol with a cracked barrel visible from the outside, to a safety inspection'. They didn't even notice," Bellgraph said.
New gun owners are responsible for bringing the pistol into the police department unloaded. The serial numbers will be written down, barrel length measured, and a registration card will be issued.
At this point it would be legal to transport the pistol in the trunk of a car, unloaded, with ammo in a separate compartment, to and from places to sell or buy the pistol, or to and from locations where it is lawful to discharge the pistol.
Next week: The process of applying for a CPL, and the debate surrounding the push for stand your ground' laws.
Link to story (http://www.mlive.com/news/advancenewspapers/kentwood/index.ssf?/base/news-1/113509934516060.xml&coll=10)