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Issue 1561 November 25, 2012
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Sen. Green, center, testifies in Lansing as Rep. Charles Brunner, D-Bay City, right, looks on.

HANDS OFF: Legislature Passes New Green Gun Bill Removing County Discretion

Average Number of Gun Deaths Drops 22 Percent Per Year Since "Shall Issue"

March 1, 2015       Leave a Comment
By: Dave Rogers

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In the past 15 years the number of people licensed to carry concealed pistols in Michigan has gone up from 58,000 to about 500,000, according to a state legislative analysis.

And, the Violence Policy Center reports that guns caused 1,156 deaths in Michigan in 2011, exceeding motor vehicle deaths for the first time.

Now bills sponsored by State Sen. Mike Green, R-Mayville, would make it even easier to obtain a concealed pistol license.

However, more guns may in fact equal less crime, as gun advocates long have claimed. The fears of gun opponents have not been fulfilled and, as Green says, "there have not been shootouts in the streets."

Statistics show an average 22 percent drop in gun deaths per year since the first Green-sponsored law was passed in 2000 when Green was a state representative.

The number of firearm homicides in Michigan dropped from an annual average of 629 in the decade before the law was changed to an average of 493 per year in the decade after, state Department of Community Health records show.

In 2000, the legislature significantly amended Michigan's firearms laws to make Michigan what is known as a "shall issue" state according to usacarry.com, the leading website on gun issues which explained:

"Previously, county gun boards were given considerable discretion to issue concealed pistol permits and the decision often depended on a showing of need by the applicant, which varied from county to county.

"Public Act 381, which went into effect on July 1, 2001 changed that so that anyone who met the strict qualifications of the law would receive a concealed pistol permit."

"Before Michigan's concealed carry law was changed, applicants had to prove they needed to carry a concealed gun for protection," wrote Pat Shellenbarger in Bridge Magazine. "After the change, the state had to issue the license unless there was a reason to deny it, such as if the applicant had a felony record."

Now, in bills pending before the Legislature, all state police, sheriffs and county government discretion on who gets a concealed pistol permit may soon be removed.

New gun laws introduced in January by Sen. Green, have passed the House and the Senate and await enrollment.

The only way the bills will not be implemented Dec. 1 is if Gov. Rick Snyder issues a veto.

The bills would eliminate the county gun boards that have operated in Michigan since 1927 and would require county clerks to issue concealed pistol licenses.

The National Rifle Association Institute for Legislative Action (NRA-ILA) states on its website:

"Background checks that are statutorily required to obtain a Concealed Pistol License (CPL) would be conducted by the Michigan State Police (MSP).

"However, the MSP would not retain the discretionary authority currently held by the county licensing boards since SB 34 mandates that all persons who statutorily qualify for a CPL (i.e. not prohibited under 28.425b and satisfy all financial and submission obligations) would receive a license."

Analysis by the House Fiscal Agency of the Legislature states: "Some still say that the bills are a solution in need of a problem. By and large, the 2001 reforms did make for a more uniform and efficient system, as evidenced by the large increase in the numbers of CPL holders (from about 58,000 in 2001 to about half a million currently, by some estimates).

"Others are concerned that eliminating local gun boards also eliminates local knowledge of potentially dangerous applicants. Some could obtain CPLs simply because their conduct didn't rise to the level of being entered into LEIN -- the Law Enforcement Information Network -- a database MSP will use to determine eligibility.

Further, due to HIPAA compliance, health and mental health records are inaccessible. Except for court-ordered involuntary treatment, for which MSP could access the records, MSP must rely on an applicant's honesty in disclosing a mental illness that would otherwise render the applicant ineligible for a CPL.

"However, the current process, which allows a county gun board to conduct a face-to-face interview, provides a safety net in which it could be discovered if a CPL would be inappropriate for a particulate applicant.

"Considering that some of the worst mass shootings have been at the hands of a shooter with a mental illness, keeping the local gun boards provides an important layer of safety."

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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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