Senate Bill 789, reforms Michigan’s concealed pistol licensing process, eliminates county gun boards and makes Michigan a true shall-issue state. It has still not been acted on by Governor Snyder. The bill was presented to the governor on December 31. Snyder has until this Wednesday, January 14, to either sign the bill or veto the bill. If he does not act on it, the bill will be pocket vetoed. The former legislature, no longer in session, cannot override the veto.
Over the past week, misinformation has been publicized regarding SB 789’s impact on victims of violence and potential victims of violence. This misinformation is inaccurate and is either politically-motivated, or based on a failure to evaluate the legislation in its entirety, the context of all applicable state and federal laws, and their practical application in our legal system.
SB 789 is a process-only reform bill that retains and actually strengthens Michigan’s CPL eligibility standards, among – if not -the strongest of any “shall issue” state in the nation. It ensures action against a concealed pistol license (CPL) following criminal charges, a conviction, or a firearms restriction personal protection order (PPO) is immediate, automatic and does not require deliberative action by gun boards. It has absolutely no impact on a victim’s ability to obtain a PPO. It enhances the ability of actual or potential victims of violence to protect themselves using all tools afforded by the legal system, including a CPL; and it updates the CPL law to conform to federal protections for private medical records.
SB 789 strengthens the CPL law’s misdemeanor domestic violence (MDV) prohibition. The Firearms Act 372 of 1927 (CPL law) currently prohibits individuals with a misdemeanor domestic violence (MDV) conviction from obtaining a CPL for 8 years. SB 789 strengthens this prohibition by also applying the prohibition to individuals charged with MDV until their case is adjudicated. Federal law permanently prohibits firearms possession by those with MDV convictions.
The PPO language will not endanger the safety of victims or potential victims of violence under state law. It is standard practice to request and include a firearms restriction (clearly shown on the application) with ex parte or no hearing PPO’s. Ex parte PPO’s are based on the premise that immediate and irreparable injury, loss, or damage will result otherwise. A firearms restriction PPO prohibits the very possession of firearms. Additionally, under current law and SB 789, it results in the suspension of the subject’s CPL.
SB 789 strengthens protections afforded to actual and potential victims of violence. Notably, SB 789 ends the drawn-out gun board CPL suspension process and makes CPL suspensions related to PPO’s and criminal charges automatic and immediate. SB 789 replaces the current temporary CPL handled by gun boards with an expedient emergency CPL specifically intended for victims or potential victims of violence.
MCRGO strongly supports SB 789 and encourages Governor Snyder to sign the bill. If you have not already done so, you can let the governor know that you support the bill as well by contacting him.
