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GUN COSTS UP? State Police Say Mike Green's Bill Would Cost $8.4 Million

Weapons Licensing Would Be Job of County Clerk, Not Sheriff and Gun Board

October 6, 2014       Leave a Comment
By: Dave Rogers

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The annual number of concealed weapons applicants is estimated to be 90,000, but the number rose to 136,767 in 2013, the legislative agency reported.
 

Senator Mike Green's pending legislation to end county gun boards would cost the state $8.4 million a year and would require 58 new state employees, according to state police estimates.

The bill, passed by the Michigan Senate 27-13, is under consideration by the House Judiciary Committee and likely will be acted on next year.

Under Green's bill, county clerks would be assigned the job that has been handled by the gun boards supervised by county sheriffs since 1927.

The Bay County Gun Board consists of Clerk Cynthia Luczak and one representative each from the sheriff's office, prosecutor's office and the state police. The board meets monthly and the clerk is not a voting member.

Green is a Republican from Mayville elected in 2010. He defeated two GOP rivals in the August primary election and now faces Democrat Ron Mindykowski of Bay City in the general election in November.

"The most significant fiscal impact on the Michigan State Police (MSP) under the bill would result from the requirement that it assume the responsibility to investigate the background of each concealed weapon license applicant, a duty currently performed by the 249 members of county concealed weapon licensing boards throughout the State," a senate fiscal agency analysis states.

"The MSP suggests that this would require the dedication of a least one full-time investigative employee from each post--and in some areas, up to three--solely to conducting background investigations under the handgun licensure law.

"Overall, the MSP estimates that, with an average of two employees per 29 existing State Police posts at a cost of $143,843 per employee, the Department would require 58.0 FTEs at a total cost of $8.4 million annually to fulfill the requirement to check the background of CPL applicants.

The annual number of concealed weapons applicants is estimated to be 90,000, but the number rose to 136,767 in 2013, the legislative agency reported.

Another provision of the bill would "Provide that a county clerk, county sheriff, county prosecuting attorney, police department, or the MSP would not be liable for civil damages as a result of the issuance of a license under the law to a person who later committed a crime or negligent act."

The bill also would "revise the requirement that an applicant not have a diagnosed mental illness at the time of application, by specifying that he or she could not have a diagnosis of mental illness that included an assessment that he or she would present a danger to himself or herself or to another person."

Other related legislation introduced by Senator Phil Pavlov, Republican of Lapeer and St. Clair counties, would exempt the list of concealed weapons permit holders from the Freedom of Information Act (FOIA). That provision is strongly opposed by the Michigan Association of Process Servers.

The bills would amend the Michigan Handgun Act to make firearms records confidential and not subject to FOIA requests, only allow access for certain purposes, and provide a civil penalty for unlawful access or disclosure.

In 1999, a Michigan Supreme Court case held that releasing personal information regarding gun ownership in response to a request under the Freedom of Information Act (FOIA) constituted an unwarranted invasion of privacy. Since then, the Department of State Police has not released personal information contained in license and permit applications for handguns in response to FOIA requests.

"Still, in light of an incident in New York state in which a newspaper printed the names of gun owners in two counties, some feel that the supreme court holding should be codified," the state analysis states, adding:

"In addition, gun rights groups feel that to further protect gun owners, there should be some restrictions placed on access to firearms records by law enforcement personnel."

"The bill package seems to be a solution in search of a problem," states the senate analysis. "Michigan does not disclose firearms records information to the general public, and hasn't for more than a decade. Thus, the bills would not necessarily increase the safety of gun owners.

"As written, however, the bills could endanger the safety of process servers, licensed private investigators, and court officers."

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Dave Rogers

Dave Rogers is a former editorial writer for the Bay City Times and a widely read,
respected journalist/writer in and around Bay City.
(Contact Dave Via Email at carraroe@aol.com)

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