Quote Originally Posted by PhotoTom View Post
SB 1045 of 2018
Weapons; other; requirement for firearm dealers to notify law enforcement when individual fails background check; require. Amends sec. 15 of 1927 PA 372 (MCL 28.435).
Last Action: 6/6/2018 REFERRED TO COMMITTEE ON GOVERNMENT OPERATIONS
Just reading below:

12 (14) IF A FEDERALLY LICENSED FIREARMS DEALER DENIES AN
13 INDIVIDUAL FROM PURCHASING A FIREARM BECAUSE THE FEDERALLY LICENSED
14 FIREARMS DEALER DETERMINES THROUGH THE NATIONAL INSTANT CRIMINAL
15 BACKGROUND CHECK SYSTEM THAT THE APPLICANT IS PROHIBITED UNDER
16 FEDERAL LAW FROM POSSESSING OR TRANSPORTING A FIREARM, THE
17 FEDERALLY LICENSED FIREARMS DEALER SHALL NOTIFY THE DEPARTMENT OF
18 STATE POLICE WITHIN 1 HOUR AFTER THAT DENIAL. THE NOTICE MUST
19 INCLUDE ALL OF THE FOLLOWING:
20 (A) THE IDENTITY OF THE INDIVIDUAL WHO WAS DENIED.
21 (B) THE DATE AND TIME OF THE DENIAL.
22 (C) THE LOCATION WHERE THE INDIVIDUAL ATTEMPTED TO PURCHASE
23 THE FIREARM.
Does the turn down of the background check actually tell the FFL why it was turned down? Because the language says "FIREARMS DEALER DETERMINES THROUGH THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM THAT THE APPLICANT IS PROHIBITED UNDER FEDERAL LAW FROM POSSESSING OR TRANSPORTING A FIREARM" -- just check turning them down does not mean that -- it only means they were turned down by the automated system. Does that mean they have to wait to hear back from ATF or whomever if the turn down was legit? If they never hear back they can still sell the firearm per current law - so in fact they have not learned the buyer was prohibited, even if they would be? Are they now liable? What if they do hear back and it was a legit turn down but then the buyer never comes back, the FFL hasn't denied the sale, it just never was, unless they buyer comes back. There are a whole can of worms here (as usual with stupid legislation) ...