Nearly half a million persons legally carry concealed weapons here in Michigan.

On December 1st, a new state law governs how concealed pistol licenses are issued in Michigan. County gun boards [consisting of the sheriff, prosecutor and a state police representative] are out; county clerks are in.

While Michigan has been considered a "shall issue" state, the county gun boards did have some discretion in the issuance of the concealed pistol license. Under the new law, provided an applicant meets the requirements -taking the concealed weapons course, age requirement, and no protection orders or felony convictions- a license must be issued.

"Shall issue" states are states that have adopted gun laws that call for administrative licensing provided that specific requirements are met; "may issue" states have laws that grant the licensing authority some discretion in the issuance of a permit. Over the last quarter century, the overwhelming trend across the nation has been the adoption of "shall issue" concealed permit laws.

In 2014, just over 2000 applications for concealed pistol licenses were denied. Of those, 349 have been denied upon a determination by the gun board that the applicant was a danger to himself or to others.

The Second Amendment has survived intact, without erosion from the court system, for well over 200-years. Over the past decade, however, the weekly public shootings that erupt in random locations across the country have brought increased scrutiny to the hallowed "right of the people to keep and bear arms".

We have heard that the NYT is planning a weekend editorial on the front page addressing the "epidemic" of gun violence in America; its first front page editorial since 1920. Gun violence is one of those touch-button issues on which people are deeply and intractably divided, and on which there is no likelihood of consensus; not in the public and not in Congress.

The rapidly increasing body count will not serve to fashion a consensus on this issue.

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Post #508

Last week saw Governor Snyder veto a state house bill involving an overhaul of the concealed pistol license procedures proposed by state senator Mike Green [R-Mayville].  The bill drew the Governor's veto because it would have loosened some prohibitions against obtaining a gun for some domestic abusers.

When the proposed legislation, designed to streamline the procedure for obtaining a concealed pistol license by putting the Michigan State Police in charge, went back to the lab, Senator Green promptly stripped the offensive language and put the bill back on track; it is now on fast-track consideration in the state senate.

In vetoing the initial version of the bill, the Governor stated his concern was not to take the chance of exposing victims of domestic violence to additional intimidation and more violence.  The current state of the law proscribes a CPL from being issued to anyone under the injunctive scope of a personal protection order.

Judges involved in a case featuring a PPO can also impose additional restrictions on an individual within that judge's jurisdiction.  Also, as Green has pointed out whenever he explains his bill, federal law likewise bans the issuance of a CPL to anyone that is the subject of a PPO.

If and when the bill passes in its latest iteration, it will abolish the current system of county gun boards, and will centralize the CPL administration through the Michigan State Police.  Some see this as a positive to the extent that guns can be concealed on an applicant's person a few weeks quicker than under the old system.  Others see the local gun boards as a useful local layer of supervision that may be better equipped to detect an inappropriate applicant that perhaps should not have a pistol concealed on his person.

All of this occurs within the context of rising gun deaths across the nation.  Guns are expected to overtake vehicles as the leading cause of death of young persons under the age of 25.

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There is a little-known loophole in our gun laws that allows a person that has a concealed pistol license (CPL) to openly carry a firearm into a school, provided the weapon is visibly holstered.  Given recent headlines, State Representative Andy Schor, (D Lansing), is attempting to close this loophole with House Bill 4104.

Hopefully, these terrible headlines will render the state gun lobby ineffective, and HB 4104 gets passed and signed by Governor Rick Snyder.  Who could forget last December when the Governor, on the eve of the Newtown, Connecticut shooting, was poised to sign gun legislation that would have broadened and strengthened weapon possession laws, but had a change-of-heart and vetoed the bill.

The open-carry in schools exception came crashing into the media headlights last February when Nicholas Looman, a CPL holder, open carried his pistol into an elementary school in Grand Rapids in order to vote in an election.  He was allowed to vote, then escorted off school grounds and later briefly detained.

Obviously, the 25-year old was looking to make a point.  In the end, the Kent County Prosecutor took a pass on prosecuting Looman, saying he technically complied with state law.  A CPL holder can open-carry a weapon in a public school, day care center or public hospital provided the weapon is visible.

With the recent national headlines as a backdrop, the gun debate has been renewed in Lansing.  Schor's proposed legislation is competing with a senate proposal sponsored by Senator Mike Green (R-Mayville).  It was Senator Green's bill (vetoed SB 59, which now has been re-introduced as SB 112) that was sitting on Governor Snyder's desk when the Newtown shootings broke-out.

We here at the Law Blogger cannot help but conclude that when we enter certain public places, such as schools, day care centers and hospitals, we just need to leave our guns at home.  Along these lines, we hope that Representative Schor's bill will pass the Legislature and be signed by Governor Snyder, and that Senator Green and company goes away.

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State Senator Mike Green (R-Mayville) must love guns.  He has sponsored yet another set of sweeping expansions to Michigan's concealed handgun laws.  If Green's bill was signed by Governor Snyder, concealed weapons would have been allowed in some places where they were never legal before; like schools, churches, and large entertainment venues.

Senator Green is also the sponsor of the gun reforms of 2001, making weapons permits generally easier to procure for adults.  The Second Amendment is alive and well here in Michigan.

The bill would have abolish the county gun boards, in place since 1927, to streamline the application process.  County sheriffs would have reviewed and would have the sole authority to approve all applications.  Interestingly, the bill places a premium on issuing the permit to a qualified applicant quickly, mandating a partial application fee refund if not processed in accord with a specific time frame.

While the university would have remained a "gun-free zone", churches and other schools would not; nor do large  entertainment facilities.  I don't know about you, but I would not want to be at Ford Field or the Big House, when some drunk folks take out their weapons to settle a score.

In touting his pet legislation, Senator Green emphasized that that Michigan will now have the strongest training standards in the nation.  Well, those of us over here at the Law Blogger will certainly sleep better at night knowing that our neighbors that have applied for concealed pistol licenses are well-trained in their use and deployment.

Also, we wonder about the correlation between the training in the use of handguns and the method of use.  In other words, does better training reduce the criminal use of the weapon?  We think not.

The Second Amendment is alive and well in our country; perhaps as it should be.  But folks, Governor Snyder surely got this one right.  Frankly, the county sheriff and the county gun board both need their collective eyes on all applicants for concealed weapons permits.

Also, concealed license holders should have their identity made public in a central registry.  We'd like to know who among us is packing heat.  It's getting to a point where you just have to assume that everyone does.

On the other hand, we are mindful of weapons proponents that assert that the tragedy in Newtown, Connecticut may have been prevented if the principal or one of the teachers were armed.

Now there's a swell concept: armed teachers.

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