Concealed Pistol License holders in Michigan have been used to being exempt from NICS checks when purchasing firearms.
That ends today: PUBLIC SAFETY ADVISORY TO ALL MICHIGAN FEDERAL FIREARMS LICENSEES
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to 18 U.S.C. § 922(g)(3).The ATF Open Letter issued to All Michigan Federal Firearms Licensees on March 24, 2006 is rescinded as of the date of this letter because, as explained above, a valid Michigan CPL is no longer a NICS alternative under 18 U.S.C. § 922(t).
All Michigan FFLs are required to conduct a NICS background check prior to the transfer of a firearm to a non-licensee, even if that individual possesses a valid, unexpired CPL.
Well, that certainly sucks.
Fourteen years of that quite useful exemption is now gone.
I suspect the focus here is likely on Medical Marijuana card holders and now recreational pot users getting CPLs, especially with the recent legalization of marijuana.
Basically, Michigan needs to work on stopping issuing them to prohibited persons, assuming Michigan actually is issuing them to prohibited persons and this ATF determination is not an overreaction based on the supposed issuance to "likely prohibited" persons due to marijuana being legalized at the state level.
4 comments:
Hoo boy... They screwed the pooch on that one. And you'll never get it back.
I can see the ability to track medical marijuana users, assuming that the cards are issued by a government agency. I don't see how the CPL issuing agency, or the FBI for that matter can tell if one is a recreational user, even in a state where recreational usage is prohibited. If I were paranoid (and I am), I'd suspect that this is a step to eliminate states bypassing NICS using the CPL/CWP exemption. Aside from the "we're the Feds and we're smarter than you" attitude, this makes maintaining an illegal registration data base that much easier. After all the fibbers would never violate the law to abuse an individuals rights, unless of course, you are a Trump campaign worker.
Wait. They (Michigan) were issuing the CPL without consulting NICS? A permit that would allow one to not have to go through NICS checks when purchasing?
So, in order to not have to worry about the 15 minutes to an hour NICS check when buying a gun, a person could just get a CPL that the State didn't check NICS to see if the person was ineligible in... NICS?
Okay. As much as I don't particularly like or admire BATFE (everyone always leaves off the explosives...) I have to admit, BATFE seems to have gotten it right on this one, for once.
Seriously. Michigan, what have you been smoking?
Old NFO: Yep, either MSP is screwing this up royally or ATF is taking an anti-marijuana stance and clawing back the NICS exemption. Either way its a definite annoyance.
Nuke Road Warrior: I would think they could at least put a question on the CPL app that says "Do you use marijuana" and use it as a disqualifier to fulfill the requirement, but who knows?
Beans: CPL has botht eh state and federal background checks as part of the process. Makes me rather unsure how anyone with an MDV conviction can get a permit but it may be the way the conviction is classified as ATF is starting to take a very expansive view of what a MDV conviction includes, which is not good.
More likely, its about Michigan legalizing recreational marijuana but not clearly adding anything to the permit app to specifically disqualify such users from getting a CPL.
Either way with NICS or the CPL exception, when you buy a firearm on the 4473 it specifically addresses marijuana use and would be a disqualifier right there, so I don't see how no longer accepting CPLS for NICS affects this - either the buyer falsely filed out the 4473 or they did not.
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