MCRGO E'News
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MICHIGAN COALITION FOR
RESPONSIBLE GUN OWNERS
"Promoting safe use and ownership of firearms through
education, litigation, and legislation"
MCRGO MONDAY E'NEWS
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ATF Rescinds Michigan CPL Exemption
Last week, Michigan FFLs received a letter [[link removed]]
from the federal Bureau of Alcohol, Tobacco, and Firearms (ATF) notifying them that
a Michigan CPL will no longer be exempt from the NICS check when purchasing a firearm.
This applies specifically to FFL dealers, not to private party sales. There is also
no impact on RI-10 purchase permits.
While CPL holders are used to this simplicity in purchasing firearms, it has only
been allowed since 2006. Many Michigan gun shops ran the NICS check anyway, despite
the CPL, during this time. The ATF has recommended the NICS check as a best practice
to reduce liability exposure.
The ATF letter is vague in a lot of respects. It references that the agency received
information from the FBI that Michigan CPLs continue to be issued to people prohibited
under federal law from possessing firearms including those convicted of misdemeanor
domestic violence and those using marijuana. There is no other specific reasoning
given. There are theories that the ATF's change in position is because MSP hasn't
been doing NICS checks on CPL applicants but there is no evidence supporting that.
It is important to note that the marijuana issue continues to create questions among
Michiganders. There continues to be a lack of legal clarity on the issue of having
a CPL and a medical marijuana card. Part of this confusion is because despite medical
and now recreational use of marijuana being legal in Michigan, both uses are still
illegal on a federal level. According to federal law, marijuana is still considered
a controlled substance. It is neither clear nor certain whether a state law permitting
lawful use would protect someone facing federal charges. This is because the ATF
has been inconsistent in its application of standards to states with marijuana
laws. There is no evidence that the recent recreational statute (MRTMA) is behind
the ATF's reasoning.
On the domestic violence issue, Michigan law does not provide a lifetime ban on
obtaining a CPL for misdemeanor domestic violence. Instead it has an 8 year prohibition.
We will continue to keep you posted on this issue.
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Do Not Patronize While Armed: View current listings [[link removed]].
Looking for CPL classes in your area? Check out our Calendar [[link removed]]
& list of Instructors. [[link removed]]
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MCRGO | PO Box 14014 | Lansing | MI | 48901