MICHIGAN COALITION FOR RESPONSIBLE GUN OWNERS "Promoting safe use and ownership of firearms through education, litigation, and legislation." MONDAY E'NEWS Legislative Update 4.17.23 Red Flag passed the Michigan House last Thursday on a party line vote of 56-53. Changes to the legislation include: Limiting the venue where ERPOs could be filed to only the counties of residence or employment for either the requestor or respondent. Expanding the allowance as to who could file an ERPO to include guardians and healthcare providers. Requiring the higher "clear and convincing" evidence standard for ex parte hearings. Non-ex parte hearing would only require the lower standard of "preponderance of evidence." Making Red Flag applicable to individuals whether or not they own a firearm. Creating a felony penalty for disobeying an ERPO. Holding law enforcement entities harmless during transport of seized firearms. Requiring the collection of demographic data to track the potential for a negative impact on minority communities. On Thursday morning, Governor Whitmer signed storage mandates and long gun background checks into law. The effective date for these new laws as well as Red Flag is 90 days after the Legislature adjourns for the year. That is on or just before April 1, 2024. MCRGO will provide summaries of the new laws as well as legal updates in future issues of the E'News. Rep. Tyrone Carter (D-Detroit) has told MIRS-News that several members of the House Democratic Caucus do not support a ban on modern rifles in Michigan. Given that Democrats have a bare majority in that chamber and need every one of their 56 votes to pass the legislation, it appears to be dead at this point in time. It is unlikely Democratic leadership would be able to find several Republican to vote for a ban on modern rifles. We anticipate a pause on gun control legislation this spring while legislators work on the budget. The bills most likely to move next include polling place carry bans, gun free zones at some state buildings, and legislation weakening or eliminating local government preemption. Legal FAQ: AR-15 Pistols, Rifles, & SBRs Q: I’m hoping someone can help clarify the new federal pistol brace law. Two gun stores have told me that all AR rifles with less than a 16” barrel are now classified as pistols and the new law applies to them. Yet in my mind these have rifle stocks on them and are not in any way a pistol. Does this new law apply to AR rifles with 15.5” barrels? If the new ruling does apply to AR rifles without a pistol brace, If I tac weld a flash hider or muzzle brake onto the end of a 15.5” barrel, that would then make it over 16”, would this suffice in satisfying the requirements of the new ruling? A: There are definitely both AR-15 pistols and AR-15 rifles. The new rule states that the only AR pattern firearms that will be considered pistols are those that have a barrel length less than 16" and also have a plain buffer tube. It is possible that something other than a plain buffer tube could also be a pistol, but the rule gives no guidance what kind of brace might still qualify, so for now at least, any type of pistol brace should be treated as removing the pistol status and treating it as a short-barreled rifle (SBR). Any AR-15 with a barrel shorter than 16" and an attached pistol brace is now considered to be a SBR (the same as if it had a true rifle stock) and thus falls under the National Firearms Act (NFA) which means that it must be registered in accordance with the NFA. If the barrel is over 16" then it is considered a rifle and not a pistol. Your next question discusses welding a flash hider or muzzle brake onto the barrel to make the barrel longer than 16". That is something that can be done and would convert the pistol to a rifle. However, you must comply with the welding requirements, which are typically referred to as "pinning and welding." There is a document published by the ATF that discusses the requirements. ATF Publication 5320.8. Charles E. Cottrell Attorney at Law [email protected] April 2023 CPL Report Gun control legislation in Lansing has resulted in a surge in interest in concealed pistol license classes over the past six weeks. As a result, the number of current Michigan concealed pistol license holders passed 800,000 for the first time last month reaching 803,538 as of April 1, 2023. One in nine Michiganders age 21+ now has a concealed pistol license. This month's full report from the Michigan State Police can be read HERE. UPCOMING EVENTS Michigan Legislative Second Amendment Caucus Picnic Saturday, June 24, 2023 from 11 AM to 1 PM Northland Sportsmen's Club; 1592 Old Alba Road, Gaylord, MI Open to MCRGO members, no RSVP is necessary. MCRGO | PO Box 14014, Lansing, MI 48901 Unsubscribe [email protected] Update Profile | Constant Contact Data Notice Sent by [email protected] powered by Try email marketing for free today!