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<<<<<
Mike Borders Memorial Raffle - Dan Wesson Valor 9mm CLICK——>>HERE<<—CLICK

ACTS Main Banner

Page 2 of 2 FirstFirst 12
Results 11 to 15 of 15

Thread: SB 1045 of 2018 - Require firearm dealers to notify law enforcement when individuals fail background check

  1. #11
    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) ...

  2. #12
    I am a Forum User
    Join Date
    Jan 2003
    Location
    Livingston Co.
    Posts
    16,379
    How would this affect police departments that have a failure when trying to get a purchase permit?

    I would guess that MOST people that fail didn't know they were ineligible for whatever reason.
    They had no intent to violate any law, sort of like Hilary Clinton.

  3. #13
    Quote Originally Posted by Leader View Post
    How would this affect police departments that have a failure when trying to get a purchase permit?

    I would guess that MOST people that fail didn't know they were ineligible for whatever reason.
    They had no intent to violate any law, sort of like Hilary Clinton.
    We all know ignorance of the law or lack of intent does not excuse unlawful behavior.

    that is the american "just-us" system! (kudos if you get the reference with my apologies to RP)
    Last edited by Mkc451; 06-08-2018 at 10:17 PM.

  4. #14
    Administrator PhotoTom's Avatar
    Join Date
    Jul 2002
    Location
    Wayne Co. MI
    Posts
    21,655
    Quote Originally Posted by Mkc451 View Post
    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) ...
    Your points are valid. I would venture a guess that the author of the language quoted does not know the specifics of exactly how the NICS transaction works.

    DISCLAIMER: The opinions expressed in my posts are my own and do not necessarily reflect the opinions, views, or official policies of Michigan Gun Owners.

  5. #15
    I am a Forum User
    Join Date
    Jan 2003
    Location
    Livingston Co.
    Posts
    16,379
    Quote Originally Posted by PhotoTom View Post
    Your points are valid. I would venture a guess that the author of the language quoted does not know the specifics of exactly how the NICS transaction works.
    A law maker making a new law without knowing how the law he is correcting works???

    Say it isn't so.

Page 2 of 2 FirstFirst 12

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