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Firearms Regulation
GLOSSARYAutomatic weapon A firearm that can fire continuously until the ammunition is exhausted or the trigger released.Concealed weapon In Michigan, a firearm, either loaded or unloaded, that (1) is 30 inches or shorter or (2) by appearance or construction, does not look like a firearm.Firearm Under Michigan law, rifles, shotguns, automatic weapons, pistols, pellet guns, and flare launchers are firearms; BB guns and blank-cartridge pistols are not.Handgun A firearm that can be used with one hand; includes pistols.Rifle A firearm with a grooved bore; designed to be fired from the shoulder.Semiautomatic weapon A firearm that ejects the shell and loads the next ammunition round automatically after each shot has been fired; unlike an automatic weapon, the trigger must be pulled for each shot.Shotgun A smooth-bore firearm that fires shot over short ranges.BACKGROUND[APRIL 1, 2002] Article 1, section 6, of the Michigan Constitution states that “Every person has a right to keep and bear arms for the defense of himself and the state,” and there has been relatively little legal debate over the intent or purpose of Michigan's constitutional language. This is in sharp contrast to the diverse opinion about the meaning of the Second Amendment to the U.S. Constitution, (“. . . the right of the people to keep and bear arms, shall not be infringed”), but nevertheless, the issue of firearms regulation in Michigan has been the focus of heated debate in recent years. Both federal and state law regulate the purchase and use of firearms. Federal law primarily focuses on the sale of firearms by licensed gun dealers. For example, federal law
Compliance with the last provision listed above occurs through the FBI's National Instant Check System (NICS). FFL holders are prohibited from selling any gun without performing the NICS background check. According to a February 2000 report by the Bureau of Alcohol, Tobacco and Firearms, the background-check system prevented purchases by prohibited persons about 180,000 times during its first year of operation (1999). The NICS system applies only to sales by FFL holders, however. A sale by any other person (e.g., unlicensed seller, individual owner) in any venue (e.g., garage sale, gun show, private residence) does not require a background check. While federal law focuses on the sale of firearms by licensed dealers, Michigan laws regulate their sale, possession, and use by individuals. In Michigan,
Michigan's firearm laws are relatively strict: In March 2000, the Open Society Institute (New York) published “Gun Control in the United States: A Comparative Survey of State Gun Laws,” ranking the 50 states on the stringency of their laws concerning ownership, possession, sale, and transfer of guns. Michigan ranks 14th among the 50 states in the strictness of its gun laws. Using a scale on which 0 equates to consistency with federal law, negative numbers indicate more leniency than federal law, and positive numbers indicate more strictness than federal law, Michigan scores 15. Massachusetts is most strict, with a score of 76, and Maine most lenient, with a score of –10. The national average is 9. Of the 669 murders committed in Michigan in 2000, firearms were used in 474: handguns in 231, rifles in 19, and shotguns in 24 (the remainder were not classified by firearm type). By age of victim, 258 were 25–39, 174 were 17–24, and 40 were 16 and younger. By race of victim, 185 were Caucasian, 463 were African-American, and two were of Asian or Pacific descent (the remainder were not identified by race). Michigan's New Concealed-Weapons LawsIn July 2001 Michigan law regarding the acquisition of a license to carry a concealed weapon (CCW) underwent a dramatic change. A concealed weapon, as defined by Michigan law, is a (1) loaded or unloaded firearm that is 30 inches or shorter or (2) a firearm that looks like something other than what it is (e.g., a pen or camera). Under the former CCW laws, county licensing boards comprising a representative of the sheriff, prosecutor, and state police decided whether an applicant could obtain a CCW license, and the applicant had to prove that s/he was qualified and needed to carry a concealed weapon. Licensing boards were prohibited from issuing licenses to several types of applicants—youth aged under 18, non-U.S. citizens, convicted felons, and others. Acceptable reasons for needing to carry a concealed weapon varied from county to county. Some boards granted many CCW licenses, while others issued very few. If one was turned down for a CCW, there was little right of appeal. The legislative intent of Michigan's new CCW laws is to create a standardized system for issuing concealed pistol licenses to prevent criminals and other violent individuals from obtaining licenses to carry a concealed pistol, to allow law abiding residents to obtain a license to carry a concealed pistol, and to prescribe the rights and responsibilities of individuals who have obtained a license to carry a concealed pistol. It is also the intent of the legislature to grant an applicant the right to know why his or her application for a concealed pistol license is denied and to create a process by which an applicant may appeal that denial. The old statute, because of the local discretion permitted, was known as a “may issue” law. The new statute, which requires a county licensing board to issue a permit unless it can show that the applicant is not eligible, is known as a “shall issue” law. The new laws outline the basic requirements for CCW license eligibility. Applicants must
Finally, it must be clear to the county board that issuing the license will not endanger the safety of any person; a decision to deny a license for this reason must be based on . . . clear and convincing evidence of civil infractions, crimes, personal protection orders or injunctions, or police reports or other clear and convincing evidence of the actions of, or statements of, the applicant that bear directly on the applicant's ability to carry a concealed pistol. Two additional provisions of the new laws (1) require that two sets of fingerprints must be submitted by the applicant, one for the State Police and the other for the FBI, and (2) designate certain areas as “pistol free.” The latter include
In addition, all applicants for a CCW license must complete a certified pistol safety-training course that offers at least eight hours of instruction, including three hours on a firing range. DISCUSSIONThere are two groups of opponents to Michigan's new CCW laws. One argues that the laws are too tough, that there is no evidence that restrictions on concealed weapons will reduce crime, and that the new restrictions on where concealed weapons may be carried is a step backward. They also assert that the fingerprinting requirement is a step toward national registration of firearms, which they vehemently oppose. The other group fears that Michigan's being a shall-issue state means that the number of pistols in circulation and being carried will increase dramatically. They point out that in Wayne County alone, from 1990 to 1998, 5,264 youngsters aged under 17 were charged with carrying a concealed weapon. They are afraid that with CCW permits being more easily obtained, such statistics will worsen in the years ahead. They also contend that removing local discretion in issuing permits means that local circumstances cannot be taken into account. Supporters of the new laws believe that they provide much-needed uniformity in granting licenses, impose important restrictions on where concealed weapons may be carried, and improve security by raising the minimum age, from 18 to 21, for obtaining a permit. There also are dramatic differences of opinion on other firearm-related issues.
See also Crime and Corrections. FOR ADDITIONAL INFORMATIONBrady Campaign Coalition to Stop Gun Violence Michigan Coalition of Responsible Gun Owners Michigan Partnership to Prevent Gun Violence Michigan Rifle and Pistol Association Michigan State Police Michigan United Conservation Clubs National Rifle Association Open Society Institute 
CONTENT CURRENT AS OF APRIL 1,
2002
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