This week, Governor Snyder approved two laws, now known as Public Acts 3 and 4 of 2015. These acts will phase out county gun boards statewide by the end of 2015, basically making Michigan a “shall issue” state.
In a shall-issue state, if you meet all the requirements to obtain your concealed pistol license (CPL) — firearms training, background check, etc. — the state will issue you that license. In these shall-issue states, the state does not have discretion. If you meet all the requirements and pass the background check, you get your CPL.
What Does This Mean for CPL Applicants?
Applicants no longer will have to cut through the tape and time of going before a gun board for a question and answer session assessing an applicant’s fitness. Getting a CPL or permit now is an application process at county clerks’ offices, with background checks to verify eligibility being done by the Michigan State Police.
Legislation on this matter has been rejected before, as there were concerns about giving carte blanche to carry concealed weapons to known convicted criminals and those who have domestic violence charges. Additionally, there were concerns on limitations of who would be allowed to carry concealed in carry-free zones (including churches and schools). These issues were addressed by the legislature, and the new laws will take effect on Dec. 1st, 2015.
Is Getting Rid of County Gun Boards a Good Thing?
Getting rid of regulative/administrative groups is sometimes a good thing, as they tend to slow things down and muddy the waters as far as timelines go. This has been one of the biggest criticisms of these laws when they were still pending as tabled legislation over the last several months.
Those opposing these laws were worried that local officials (board members) were in the best position of judgment when deciding which applicants were fit to responsibly carry a concealed firearm – after all, background checks, while efficient, may not ‘catch’ everything, notably in cases involving self-reporting of mental health concerns.
Critics have voiced their disapproval of these measures by noting that it takes away from the accuracy of conducting the most thorough fitness check. However, having 83 county boards with the power to decide who is or is not fit and denying applicants permits based what may be arbitrary decisions, is a big step in the other direction.
Therefore, by rerouting this action through the Michigan State Police, it should create some consistency to this practice instead of varying results by local county officials who according to congressional opposition were only denying a small portion of applicants anyway.
There is certainly a balancing test in affording people the right to carry, should they choose, with the ever-present duty of protecting and preserving the peace. Carrying loaded guns into public places can be an extremely high-risk proposition, but this shows faith and trust in allowing citizens an opportunity to carry without having to pass muster first. It won’t take long before the practical value of this legislation is realized and gun boards eventually fade away.
There is some relief here in that the process of getting a CPL is now more efficient. You can fill out a first-time application for $100.00 – the State Police will conduct background checks and if you qualify, the county clerk will furnish your permit within 45 days. To renew an application, the cost will increase to $115.00.
Attorney Morris has enjoyed a very successful and distinguished career as a trial lawyer providing high quality legal representation in the area of state and federal criminal defense for 20 years. He is known for his trial preparation by fellow attorneys, judges and clients alike. As a trial attorney, he is dedicated to attaining justice in every case, and is prepared to take on complex legal issues with success. Barton and his law firm pride themselves on obtaining results for their clients that other attorneys cannot.
Not only does Barton Morris have extensive experience, he also engages in continuing legal education to provide the highest quality legal services. Barton has received specialized scientific training through the American Chemical Society. He attended the prestigious Trial Lawyers College and serves on its Alumni Association Board of Directors. Barton Morris is also a board member of several distinguished legal associations including the Michigan Association of OWI Attorneys, and the DUI Defense Lawyer’s Association Justice Foundation. He is also an active member of the National Association of Criminal Defense Attorneys and has also graduated from their National Criminal Defense Trial College in Macon, Georgia.
Barton Morris was chosen as a Top Lawyer of Metro Detroit for 2012, 2013, 2014, 2019 and 2020 for DUI/DWI and criminal defense by DBusiness Magazine and Hour Magazine. Barton Morris was also chosen as a Super Lawyer in Criminal Defense for 2014-2020 and Barton Morris is the only Lawyer in Michigan designated by the American Chemical Society as a “Forensic Lawyer-Scientist”