GOA filed this today. Suing ATF and DOJ over ATF's revocation of Michigan's CCP NICS exemption

[GreaseMonkeySRT]

MOC had been looking into this and they handed it off to GOA.

My personal thoughts are the ATF hates not having 100% control, so they are looking at anyway they can to deny states waivers to the NICS check.

If it were a control thing, not saying it isn't, but it's interesting that the FBI owns NICS and not the ATF.

[Jackam]

No matter what the position of MGO, 3 different FFL's have explained to me that in MI if you have PPO in force against you, the state does not automatically suspend or confiscate your CPL card - hence you can use it to buy a gun without a NICS check that would show(supposedly) you are legally not allowed to buy. While you are illegally buying a firearm, the FFL has no way so knowing that without a NICS check. Additionally I can understand how some folks would see a CPL doesn't get verified when you buy a firearm so it could be suspended, etc.. and the FFL can't know that, so they need to run a NICS check to verify you can buy each and every time(IE Dunham's).

That seems to make sense to me, though I don't like it, but I would love someone to explain to me if that is wrong.

That's a good explanation. Thanks!

Didn't the ATF say something about marijuana too?

How does that come into play?

[Draken]

If it were a control thing, not saying it isn't, but it's interesting that the FBI owns NICS and not the ATF.

FBI may own NICS, but ATF controls waivers to it.

[GreaseMonkeySRT]

FBI may own NICS, but ATF controls waivers to it.

Indeed they do.

[Mkc451]

That's a good explanation. Thanks!

Didn't the ATF say something about marijuana too?

How does that come into play?

that's been covered on Marijuana before on MGO -- if you have a marijuana card and use, then you can't buy a gun as it's still a federal crime. To answer untruthfully on a 4473, is a felony I believe. Therefore since you still fill out a 4473 on even with a CPL, I don't see how that changes the facts for ATF ...


Just because the state makes it legal doesn't make it not a federal crime.

[john.41]

Well, that took longer than I expected ...

I hope no one was waiting for the NRA to jump in, and do something.