HB 5647 report background check denials

[Tallbear]

HB 5647 of 2016 (http://www.legislature.mi.gov/mileg.aspx?page=getobject&objectname=2016-HB-5647)
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

[ninjatoth]

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.

[zigziggityzoo]

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?!

[Roundballer]

(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.

[zigziggityzoo]

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.

[Roundballer]

PPPs from the state don't use NICS. They use LEIN.

This Bill amends MCL 28-426 (http://legislature.mi.gov/doc.aspx?mcl-28-426), and THAT section says exactly the opposite. MCL 28-422 (http://legislature.mi.gov/doc.aspx?mcl-28-422) requires the LEIN check, by name, but it does not limit the check to that law.

MCL 28-426 (http://legislature.mi.gov/doc.aspx?mcl-28-426), and the bill HB-5647 (http://www.legislature.mi.gov/documents/2015-2016/billintroduced/House/htm/2016-HIB-5647.htm) 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.

[zigziggityzoo]

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.

[Jared1981]

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.