Governor Signs Bills to Eliminate Safety Inspection of Handguns
On July 10, 2008, the Governor signed Senate Bill 370, and House Bills 4490 and 4491 and gave them immediate effect. These bills are now Public Acts 194 -196 of 2008 respectively. You may download complete copies of the new laws at the following links:
PA 194 of 2008 - http://www.legislature.mi.gov/(S(n1fzn355kqyyahmflwtfnj2x))/mileg.aspx?page=getObject&objectName=2007-SB-0370
PA 195 of 2008 - http://www.legislature.mi.gov/(S(yhcq1jifpjuc3qu3ynofda45))/mileg.aspx?page=getObject&objectName=2007-HB-4490
PA 196 of 2008 - http://www.legislature.mi.gov/(S(zcymzwinykfm1prwqtgd0h55))/mileg.aspx?page=getObject&objectName=2007-HB-4491
First, there has been some misinformation about how these laws will be implemented. Let us first deal with immediate effect. Within these laws there is a provision for an implementation period of 180 days. There are forms that must be developed, printed, and distributed. Also, all local police departments must be educated in how to properly process the paperwork under this new system. This means that when the Governor signed the bills making them laws with immediate effect, it started the clock ticking on the 180 day implementation period. The new system of operation will take effect on January 6, 2009.
Second, let us examine what these laws actually do. In their original format introduced into the Michigan House of Representatives by Joel Sheltrown (D) and Paul Opsommer (R) was supposed to completely eliminate the registration of handguns in Michigan. This idea received resistance from the Michigan State Police. The final version of the law keeps the record keeping of registration but eliminates the farce of safety inspection. As of January 6, 2009, when you purchase a handgun, you will no longer be required to return to the police department and present the pistol for safety inspection. Instead, you will obtain a license to purchase from your local police department if you do not have a Concealed Pistol License, or if you do have a Concealed Pistol License (CPL) you fill out a Pistol Sales Record just like you have been doing. Both forms will now be in quadruplicate. The seller will retain one copy of the form. Two copies of the form will be returned to the local police department for entry into the Law Enforcement Information Network (LEIN) within 10 days of the date of purchase. You may return these forms in person or you my stick them in an envelope and send them to your local police department via first class mail. The fourth copy of the form must be retained by you for the first 30 days following the purchase of your handgun. If you are a CPL holder and you carry the pistol or transport the pistol for any reason, you must keep this copy of this form on you or it will result in a civil infraction and a $250.00 fine. If you are a CPL holder, your county gun board will be notified of this civil infraction.
Essentially, this law does nothing to eliminate the registration of handguns in Michigan. What it does do is eliminate the ridiculous process of physically presenting a handgun for safety inspection when the process is simply registration. This will convenience many who are unable to purchase handguns because they work long hours or six days a week and cannot purchase a handgun because they would be unable to comply with the current requirement of having a handgun safety inspected within ten days of purchase.
Unfortunately, this law did not further the cause of firearms rights and freedoms. However, the convenience that it will create will be a nice benefit for many.
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