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Recoil Firearms

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  1. #1
    MGO Member
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    Harrison Township, MI
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    Why can't we use our CPL to buy firearms from FFL dealers anymore?

    I read somewhere the ATF had changed it. What is the reason for changing it where you can no longer use a CPL license to buy from an FFL they have to do a background check?

  2. #2
    Quote Originally Posted by Outdoorman View Post
    I read somewhere the ATF had changed it. What is the reason for changing it where you can no longer use a CPL license to buy from an FFL they have to do a background check?
    The BATFE determined that the MSP wasn't performing background checks to thier (BATFE) satisfaction.

    In spite of this specific statutory requirement, ATF recently received information from the Federal Bureau of Investigation, Criminal Justice Information Services Division Audit Unit that
    Michigan CPLs have been, and continue to be issued to certain applicants without a determination by Michigan officials as to whether the applicant is prohibited under Federal law
    from possessing or transporting firearms. Specifically, ATF learned that CPLs were and continue to be issued to applicants who were likely prohibited due to a conviction for a
    misdemeanor crime of domestic violence (18 U.S.C. § 922(g)(9)), and to habitual marijuana users (18 U.S.C. § 922(g)(3)). Although possession and use of marijuana is not unlawful under
    Michigan law, marijuana remains a "controlled substance" under Federal law, and those using marijuana are prohibited from possessing or transporting a firearm pursuant to 18 U.S.C. § 922(g)(3).


    My interpretation is that it was primarily because applicants were NOT be disqualified for having medical marijuana cards (marijuana is still illegal @ the federal level) and/or Michigan legalized recreational marijuana and the feds didn't like it, as well as applicants were not be disqualified for several misdemeanor domestic violence convictions.

    So, effective 3/3/2020, the BATFE rescinded the Brady exemption that they had extended to Michigan CPL holders back in 2006.

    Public advisory letter to all Michigan FFLs:
    https://www.atf.gov/firearms/docs/op...03-20/download

    Long thread on the subject here @ MGO:
    https://www.migunowners.org/forum/sh...tion+rescinded
    Last edited by Scoop; 04-03-2020 at 02:05 AM.
    MGO Member #288
    Reliant Firearms and Transfers, LLC - Howell, Michigan - 01 FFL
    Authorized Dealer: Palmetto State Armory, Aero Precision, Primary Arms, DSG Arms, Atlantic Firearms, AIM Surplus, Rock River Arms
    www.reliantfirearms.com / sales@reliantfirearms.com / 517.258.0130

  3. #3
    I am a Forum User
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    I agree- my guesstimate was because the electric lettuce is now recreationally legal in MI. Feds said no bueno and stopped the CCW in place of NICs check.

  4. #4
    I am a Forum User
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    I would assume it also had to do with the inability for the FFL to check if the "CPL Holder" is a recent disqualified purchaser. For example, if a person were to be convicted of a felony and their CPL was revoked, they could still be in possession of a CPL card that appears valid with a future expiration date. Circumventing the background check by using the "valid CPL card" would allow a disqualified purchaser to buy a firearm.

  5. #5
    Quote Originally Posted by pscipio03 View Post
    I agree- my guesstimate was because the electric lettuce is now recreationally legal in MI. Feds said no bueno and stopped the CCW in place of NICs check.
    I don't think so, because there's absolutely nothing that the MSP can "check" when performing a background check to prove whether or not you are a recreational user. No, they are not collecting and harvesting credit card receipts from dispensaries.

    They COULD check whether or not a medical marijuana card had been issued, though, and I'm not 100% certain, but I do NOT believe that the MSP was/is disqualifying CPL applicants with MM cards. THAT is what *I* believe the pot part of rescinding the exemption was/is. But, of course, I could be wrong (and often am).

    Quote Originally Posted by NoJoe View Post
    I would assume it also had to do with the inability for the FFL to check if the "CPL Holder" is a recent disqualified purchaser. For example, if a person were to be convicted of a felony and their CPL was revoked, they could still be in possession of a CPL card that appears valid with a future expiration date. Circumventing the background check by using the "valid CPL card" would allow a disqualified purchaser to buy a firearm.
    I doubt it. If that was an issue, it would have come up long, long ago. Michigan CPL has been a Brady exemption since 2006 ... that's 14+ years ago.

    Beyond that, this would mean that (a) EVERY state would have to have some sort of process or system in place by which an FFL could instantly check to ensure that a CPL had not been suspended/revoked and (b) federal law would require FFLs in ALL states to do this, and if they DIDN'T have such a system, CPLs from those states would not be valid Brady exemptions, either.

    While I haven't checked, I'm not aware of "validating a CPL" being a state requirement anywhere where NICS is the process used for a background check, nor is in federal law (the BATFE only cares about federal laws, NOT state laws).
    MGO Member #288
    Reliant Firearms and Transfers, LLC - Howell, Michigan - 01 FFL
    Authorized Dealer: Palmetto State Armory, Aero Precision, Primary Arms, DSG Arms, Atlantic Firearms, AIM Surplus, Rock River Arms
    www.reliantfirearms.com / sales@reliantfirearms.com / 517.258.0130

  6. #6
    MGO Member
    Join Date
    Apr 2015
    Location
    Harrison Township, MI
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    Quote Originally Posted by Scoop View Post
    The BATFE determined that the MSP wasn't performing background checks to thier (BATFE) satisfaction.

    In spite of this specific statutory requirement, ATF recently received information from the Federal Bureau of Investigation, Criminal Justice Information Services Division Audit Unit that
    Michigan CPLs have been, and continue to be issued to certain applicants without a determination by Michigan officials as to whether the applicant is prohibited under Federal law
    from possessing or transporting firearms. Specifically, ATF learned that CPLs were and continue to be issued to applicants who were likely prohibited due to a conviction for a
    misdemeanor crime of domestic violence (18 U.S.C. § 922(g)(9)), and to habitual marijuana users (18 U.S.C. § 922(g)(3)). Although possession and use of marijuana is not unlawful under
    Michigan law, marijuana remains a "controlled substance" under Federal law, and those using marijuana are prohibited from possessing or transporting a firearm pursuant to 18 U.S.C. § 922(g)(3).


    My interpretation is that it was primarily because applicants were NOT be disqualified for having medical marijuana cards (marijuana is still illegal @ the federal level) and/or Michigan legalized recreational marijuana and the feds didn't like it, as well as applicants were not be disqualified for several misdemeanor domestic violence convictions.

    So, effective 3/3/2020, the BATFE rescinded the Brady exemption that they had extended to Michigan CPL holders back in 2006.

    Public advisory letter to all Michigan FFLs:
    https://www.atf.gov/firearms/docs/op...03-20/download

    Long thread on the subject here @ MGO:
    https://www.migunowners.org/forum/sh...tion+rescinded
    Thank you very much scoop, I forgot all about this thread.

  7. #7
    I am a Forum User
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    Jul 2011
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    Lake Orion
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    12,261
    You’re overthinking it..

    When you buy a gun from an FFL, you fill out a form now, on that form it specifically ask about illegal drug use..

    If you answer that you do no use drugs, and they bust you at a later date and time using drugs, now they have you for additional charges..

  8. #8
    Quote Originally Posted by pscipio03 View Post
    I agree- my guesstimate was because the electric lettuce is now recreationally legal in MI. Feds said no bueno and stopped the CCW in place of NICs check.
    Clearly I didn't get out much even before the lockdown...never heard it called electric lettuce. That's funny.

  9. #9
    Quote Originally Posted by nrich1979 View Post
    You’re overthinking it..

    When you buy a gun from an FFL, you fill out a form now, on that form it specifically ask about illegal drug use..

    If you answer that you do no use drugs, and they bust you at a later date and time using drugs, now they have you for additional charges..
    How can they prove usage at the time you filled out the form? Answer: They cant.

  10. #10
    In a nutshell, the OSP gives CPLs to prohibited people.
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