Michigan Constitutional Concealed Carry Bills Introduced

The text for House Bill 4416, the main bill in the constitutional concealed carry package introduced this past week in the Michigan House of Representatives can be found HERE. The bill is straightforward. It simply repeals the requirement to have a license to carry concealed in Michigan. It does not address pistol free zones or registration. We anticipate future bills on those issues this legislative session.

Article 1, Section 6 of the Michigan Constitution states that “Every person has a right to keep and bear arms for the defense of himself and the state.” Currently that constitutional right only protects open carry. A license is required in Michigan to carry concealed. HB 4416 would treat concealed carry the same way open carry is today. Michigan Concealed Pistol Licenses would still be available for those who want them for other reasons such as out-of-state carry with reciprocity, etc.
While MCRGO’s board has yet to take a position on these brand new bills, the board has voted to support the concept of constitutional concealed carry. Despite the “blood in the streets” fears, there is no evidence in states that have already adopted constitutional concealed carry that there has been an increase in the number of unjustified shootings as a percentage of the total number of people carrying outside the home. By helping to increase the number of people carrying legally for self defense, constitutional concealed carry could contribute to fewer violent crimes in our state. Read more

National Concealed Carry Reciprocity Bill Introduced in Senate

WASHINGTON, D.C. – U.S. Sen. John Cornyn (R-Texas) has introduced the NSSF-supported Constitutional Concealed Carry Reciprocity Act (S.446), a companion to the House of Representatives bipartisan bill introduced by U.S. Rep. Richard Hudson (R-N.C.). The proposed legislation, with 30 co-sponsors, would compel states to recognize concealed carry permits issued from other states that have concealed carry laws within their own borders – much in the same way a driver’s license is recognized. The bill aims to eliminate the confusion of varying state-by-state laws and provide protection for Second Amendment rights for permit holders.

“This bill strengthens both the constitutional right of law-abiding citizens to protect themselves and the power of states to implement laws best-suited for the folks who live there,” Sen. Cornyn said. “This legislation is an important affirmation of our Second Amendment rights and has been a top priority of law-abiding gun owners in Texas for a long time.” Read more

CGF Seeks Review by Full 9th Circuit Court in Waiting Period Case

SAN FRANCISCO ­­­­­­ – Today, attorneys for The Calguns Foundation (CGF), Second Amendment Foundation, and two individual plaintiffs filed a petition with the Ninth Circuit Court of Appeals seeking en banc (full-court) review of a wrongly-decided opinion that overturned the trial court’s judgment that California’s Waiting Period Laws violate the Second Amendment to the United States Constitution.

CGF Executive Director Brandon Combs, who is also an individual plaintiff in the case, issued the following statement:

In December, the Ninth Circuit Court of Appeals bizarrely ruled that even a person legally carrying a concealed handgun as he buys another gun at retail needs to be ‘cooled off’ for another 10 days before exercising his Second Amendment rights and taking possession of a constitutionally-protected firearm.

We believe that the Ninth Circuit’s panel opinion was wrong as a matter of law. Not only did the panel incorrectly decide the Second Amendment issues in favor of the State of California, but in doing so it ignored important legal rules that govern the review of a lower court’s judgment after a trial. Read more

What to do if You Must Use a Firearm in Self Defense

 From:  MICHIGAN COALITION FOR RESPONSIBLE GUN OWNERS
Celebrating Twenty Years of
“Promoting safe use and ownership of firearms through education, litigation, and legislation” – 1996 – 2016
MCRGO E’News
Frequently Asked Question
 
Occasionally we like to review what responsible gun owners should do in a self-defense situation. Most of us already know this. It is offered for the benefit of our new newsletter subscribers.
Q: What should I do if I ever need to use my gun in self-defense?
A: You should first be certain that the threat is removed before you lower your guard. Then, call 911 and say that there has been a shooting. Describe the immediate need for ambulance and police (and fire department if applicable). Tell the 911 operator where you are, how many people are wounded etc. Do not have your gun in your hand Read more

773 Teachers and Staff Members Get “Armed” Active Killer Training


773 Teachers and Staff Members Get “Armed” Active Killer TrainingWhen an active killer targets a school, the standard protocol is to wait for law enforcement to arrive on the scene to stop the violence.

In 2013, that protocol started to change for many schools with the introduction of the FASTER Saves Lives program, which provides lethal force training and medical response to teachers and staff members.

Now after four years, FASTER Saves Lives has trained 773 school teachers and staff members from 194 districts in 8 states. This includes teachers and staff in 74 of Ohio’s 88 counties. Read more

School Preemption:  Michigan Court of Appeals Overturns Clio Decision

This past week, the Michigan Court of Appeals overturned a favorable circuit court decision in Herman vs. Clio and upheld an unfavorable circuit court decision in MGO vs. Ann Arbor.

The court ruled in summary, “The issue presented is whether state law preempts Clio Area School District policies banning the possession of firearms in schools and at school-sponsored events. We hold that it does not, and reverse the judgment of the circuit court.”
In short, the decision reverses a long-held understanding that concealed pistol license holders enjoy an exception to carry openly in public schools and that public schools are local units of government that are preempted from enacting their own firearms rules.
The liberal justices on the three person Court of Appeals were hostile to gun owners in questioning and issued their judgement in short order.  That judgement is being appealed to the Michigan Supreme Court where gun owners should get a friendlier reception due to a 5-2 conservative majority.  The MCRGO Legal Foundation is expected to participate in the appeal.
You can read the full decision here .

Groups Sue NY Gov and State Over Taser and Nonlethal Weapons

ALBANY, NY and SACRAMENTO, CA (December 6, 2016) — Firearms Policy Coalition (FPC), Firearms Policy Foundation (FPF), and New York resident Matthew Avitabile have filed a federal Second Amendment civil rights lawsuit against New York Governor Andrew Cuomo in an effort to strike down the state’s ban on the acquisition and possession of Tasers and other nonlethal (sometimes called “less-than-lethal”) weapons.

Individual plaintiff Matthew Avitabile is the mayor of Middleburgh, New York and would like to buy and keep a Taser for self-defense. But New York Penal Law § 265.01 states that “A person is guilty of criminal possession of a weapon” if “He or she possesses any….electronic dart gun” or “electronic stun gun,” making the crime punishable as a misdemeanor.

The complaint states that, “Given the [United States Supreme Court] decision in Heller, Defendants may not completely ban the keeping and bearing of arms for self-defense” or “impose regulations on the right to keep and carry arms that are inconsistent with the Second Amendment.” Read more

Concealed Carry Permit Numbers Up

The election of Donald Trump, endorsed by the National Rifle Association and cheered by gun owners who were skittish over Hillary Clinton, has sparked an aggressive new effort to force liberal states to take down their barriers to concealed carry permits and gun ownership, reports the Washington Examiner.

National gun groups — such as the National Shooting Sports Foundation, the Second Amendment Foundation and the U.S. Concealed Carry Association — are eyeing legal challenges to some 10 states that make it difficult for citizens to get a carry permit.

The emerging fight was sparked by Trump’s surprise victory over gun control advocate Clinton and increased concerns among Americans, especially women and millennials, about crime and terrorism.

“It’s pure self-defense that’s driving many,” said Tim Schmidt, president of the U.S. Concealed Carry Association, based in Wisconsin. “They see these terrorist attacks, and they put themselves in the shoes of those being targeted.” Read more

Florida Good Samaritan Incident: What Does the Law Say?

If you read about or saw the descriptions of a recent incident in which a good samaritan in Florida came to the rescue of a Lee County deputy who was being beaten, you probably assumed that what the good samaritan did was legally justified in Florida. But what do the actual statutes in the Sunshine State say?

James Phillips, of the Katz & Phillips criminal-defense law firm in Orlando and a U.S. Law Shield of Florida Independent Program Attorney, researched the details of the incident and produced the following YouTube video to explain what the laws in the state are and how they might apply in this case:

Read more

Gun Owners Take Offense at Remarks by Levis CEO

West Bend, WI – The United States Conceal Carry Association responded to Levi Strauss & Co. CEO Chip Bergh who posted an open letter to customers, asking law-abiding citizens to refrain from bringing their concealed carry firearms into Levi Strauss stores. Bergh said his letter represents a “request” rather than a “mandate” or all-out ban, but he hopes customers will honor the request and enter Levi Strauss stores unarmed. Bergh suggested that the recent terrorist attacks in Nice, Orlando and Paris played a role in the decision to make this statement.

The next day, the New York Times editorialized that the self-defense argument in favor of the right to carry a concealed weapon is nothing more than a “myth.”

United States Concealed Carry Association Founder & President Tim Schmidt has released the following statement in response:

“The statements made by both of these organizations are irresponsible and insulting. As responsible, law-abiding gunowners, we know the powerful deterrent effect that responsible gun ownership has on criminals looking to commit acts of violence. You may not need a gun to try on a pair of jeans, but you may need one if a criminal enters the store seeking to harm you and your family. In fact, the CEO of Levi Strauss is suggesting that his stores become voluntary “gun free zones.” We know that these areas can easily make innocent citizens the target of those who are hunting for unarmed victims to prey upon.”

“It is also simply false for the New York Times to describe as a myth the widespread use of concealed weapons in the name of self-defense. Many of our members owe their lives to the fact that they could defend themselves when threatened by a criminal wishing to do them harm. Ask the number of people saved because law-abiding citizens carried concealed weapons whether or not the New York Times is right.” Read more

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