ATF Rescinds Michigan CPL Exemption

ATF Rescinds Michigan CPL Exemption
ATF Rescinds Michigan CPL Exemption

U.S.A.-(Ammoland.com)- Last week, Michigan FFLs received a letter 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.


Michigan Coalition For Responsible Gun Owners

About MCRGO:

The Michigan Coalition for Responsible Gun Owners is a non-profit, non-partisan organization. Formed from just eight people in 1996, we now have thousands of members and numerous affiliated clubs across the state. We’re growing larger and more effective every day.Our mission statement is: “Promoting safe use and ownership of firearms through education, litigation, and legislation.”

For more information, visit their website.

39 Comments
Inline Feedbacks
View all comments
Cea
Cea (@ceapea)
10 months ago

So what about cpl holder to clp holder…face to face? We can’t perform a NICS check. So I can’t sell a pistol to my buddy with a clp any longer? We need to go thru an ffl?

Finnky
Finnky (@finnks)
1 year ago

@Jacob – When ATF exempts license holders from 4473 they are saying “if you have this license, we’ve already checked and approved you”.

Thus (without researching it) I’d say that if CPL exempts you from 4473 then it must require you to pass 4473 to get the license.

State cannot unilaterally exempt you from federal law.

American Patriot
American Patriot (@american-patriot)
1 year ago

The problem you have when states disregard federal laws. It shouldn’t be on the FFL to perform a background check if the person has a concealed carry permit. It should be on the state agency that issued the permit to take the heat if the person is prohibited. Besides I don’t believe anyone should lose rights over a misdemeanor.

Pastor Roy
Pastor Roy (@roy-payne)
1 year ago

The gun in the picture is my EDC. Great gun!!

JIAZ
JIAZ (@jiaz)
1 year ago
Reply to  Pastor Roy

Underrated, cost effective pistol, UNDER $300.00 at some places.

Finnky
Finnky (@finnks)
1 year ago
Reply to  JIAZ

@JIAZ – It’s an OK pistol. Trigger pull is quite long and reset is almost all the way back. Worst of all is a false reset just before actual reset – and actual reset is practically imperceptible compared to the false one. I don’t care for Glocks, but their reset is short and about as obvious as the false reset in an SD9VE. I prefer M&P which has a similar reset as Glock but without as much feedback. To anyone suggesting getting Axis-Tactical RAM, I’ve got one but it doesn’t fit my sear. Training has worked, through I do not… Read more »

Tionico
Tionico (@tionico)
1 year ago
Reply to  Finnky

I had one of those…. bought it used private sale (back when legal) for $300 but it came with quite a bit of ammo and a pile of extra mags, other goodies. It had a FTF issue, I tried to figure if it was related to one of the mags, it was not. FInally called Smith, described the problem, they wanted me to send it in.. costly to ship, etc, I sid I suspected the recoil spring was weak. I had no idea of the round count He asked me for my address…. apparently writing it on the small manila… Read more »

JoeUSooner
JoeUSooner (@joeusooner)
1 year ago
Reply to  Pastor Roy

My son-in-law considers his SD9VE (his EDC) to be a “great” gun. Several years ago, I gave his daughter (my eldest granddaughter) two .22 pistols – one a Ruger and one a Walther. She had trained enough to became tired of them, and last Christmas, he gave her his 2-year-old SD9VE and bought himself a new one. They’re both happy…

Boomer
Boomer (@boomer)
1 year ago

So does this mean after a single NICS check cpl holders will be exempt once again since they have then proved they aren’t ineligible? This whole thing is easily remedied by just revoking/not issuing cpl’s to those who are deemed ineligible, but shocker the state and fed gov are fully contradictory to one another. Meaning the state says they are legal to have a cpl but federal disagrees. The real issue here is difference in legality between state and federal. As another commenter said below, even with certain felonies or domestic abuse convictions, after a certain time some states, such… Read more »

Wild Bill
Wild Bill (@wild-bill)
1 year ago
Reply to  Boomer

, Wow, I did not know that all of that was in the Second Amendment. I’ll, just, have to read it again!

Boomer
Boomer (@boomer)
1 year ago
Reply to  Wild Bill

Seriously? Why the sarcastic contention? Im on your side. I agree it’s simple, all gun laws are infringements, however until we stop arguing with each other who’s more pro 2A with asinine quips like yours, nothing will change. Until we take back our rights, most probably by force, we have to keep the ground we have left to stand on from being incrementally eroded to little revocations such as this cpl exemption. How is your smart-assed response helping the situation, or the dialogue addressing it, in any way whatsoever? Yeah great, we can all say the 2A is xyz, period,… Read more »

Wild Bill
Wild Bill (@wild-bill)
1 year ago
Reply to  Boomer

@Boomer, Cool your jets. Had I meant it to be sarcastically asinine, I would have down clicked you, too. You are missing the real legal slight of hand. Every branch of government, federal, state, and local, have been working over time for a hundred and fifty years to change the concept of a Right. If the government can limit, change, abridge or infringe on our Rights, then they are not Rights, just license from government. The NFA infringing your natural, and constitutionally enshrined Right to Bear Arms diminishes my Right to publish information. Constitutional scholars talk about big R rights.… Read more »

Boomer
Boomer (@boomer)
1 year ago
Reply to  Wild Bill

I do see the big picture, sorry for the hostile response I guese I took it the wrong way. Hard to judge tone in text. What you are saying is exactly my point. The fact that our rights can be abridged by a simple ATF letter is the problem but it also means that its as easy as a recension to get back the little piece of liberty thats lost in not exempting cpl holders. The other main thing Im saying is while everyone is focused on saying all gun laws are infringements, period, these little “death by a thousand… Read more »

Boomer
Boomer (@boomer)
1 year ago
Reply to  Wild Bill

What are you even talking about? Everyone has to fill out a 4473, cpl holder or not, the 3 day minimum NICS delay because my name is similar to someone with a record is my issue.

Will Flatt
Will Flatt
1 year ago
Reply to  Boomer

You know you’re literally a meme, right?? …”OK BOOMER!”

You go ahead and ask ‘Uncle May I’ for what’s supposed to be your birthright anyway. Fill out permission slip 4473, secure in the knowledge that if the tyrants change their mind, they’ll know exactly where to go and what to seize.

Boomer
Boomer (@boomer)
1 year ago
Reply to  Will Flatt

Anyone who actually is a “boomer” would probably not even understand what a meme is, however, yes I understand my nickname for being loud, is also a meme. Lmao And yes, all of us have to ask, uncle may I, if we wish to acquire guns that don’t come from the black market or 80% form. What is your point? I like more guns than just ar’s, glocks, and p320’s, though I do own those as well, so unless I’m literally building my own weapon, how would one go about getting a new firearm without a 4473? In all honesty,… Read more »

Will Flatt
Will Flatt
1 year ago
Reply to  Boomer

I was waiting and hoping you’d realize that the best source for unregistered, untraceable firearms is… the private sale. And the meme about getting rid of all gun laws is ‘boo – ga – loo”.

Boomer
Boomer (@boomer)
1 year ago
Reply to  Will Flatt

And how would one get an actual manufacturer to sell you a gun privately? It just doesn’t happen and even if a gun is eventually bought privately by you or I, it was still “publicly“ purchased originally from the manufacturer with a 4473 or the like. Theres just no way around it unless one is building their own from scratch or some sort of 80% kit which further limit options to the ar platform, glock, p320, or 1911’s. I’m sure there are also more obscure 80% options available, however, the point still stands. Also, I prefer “big igloo” to potentially… Read more »

Will Flatt
Will Flatt
1 year ago
Reply to  Boomer

You do not need an SOT to make a gun, and you don’t need to buy from an FFL to lawfully buy a gun. Your comments evince an abject failure to grasp what it means to live free. Stop gargling jackboot polish and grow a set.

Wild Bill
Wild Bill (@wild-bill)
1 year ago
Reply to  Will Flatt

@WF, Perhaps Boomer could use a few examples of how to live free, rather than what you offered.
I’ll start. Cash is untraceable. Try to get paid in cash, and then spend cash on untraceable things like groceries or basic materials. Don’t spend cash on traceable, deductible, or depreciable things like business tools, vehicles, or anything that the IRS can add up.

Will Flatt
Will Flatt
1 year ago
Reply to  Wild Bill

Excellent example! Also, it’s good to buy ammo with cash. I ask my local store to buy a pallet of (pick a caliber), and then I’ll buy several cases of that ammo. They can set whatever markup on the balance of ammo and make a decent profit.

Wild Bill
Wild Bill (@wild-bill)
1 year ago
Reply to  Will Flatt

@WF, Good idea. I just love cash!

Knute
Knute
1 year ago
Reply to  Wild Bill

And buy gold or silver with any cash excess. It is the reason it is referred to as “HARD”..”COLD” cash. Because metals are both hard and cold, and paper is not. 🙂

Knute
Knute
1 year ago
Reply to  Boomer

My favorite gun show trick is to hang around the exit. Hit up anybody not carrying a boxed firearm. Odds are good that they brought the gun in for trade, and couldn’t get their price for it. Just ask them what they wanted for it, that a licensed dealer was unwilling to provide, and the negotiations are on!

Wild Bill
Wild Bill (@wild-bill)
1 year ago
Reply to  Boomer

@OV, I can not recall, just now, the famous American philosopher that once said, ” When the chips are down, give me the whiskey drinkers, every time.” Oh yeah … Chesty Puller… or was it … John Madden!

Knute
Knute
1 year ago
Reply to  Wild Bill

WB. Sounds to me like Zachary Taylor. I can’t remember that exact quote, but when leaving for what would turn out to be the Battle of Palo Alto, he told a subordinate that there was no room for his crate of books in the baggage train. The junior officer said that it wasn’t as if he was asking for a case of whiskey, and Old Zack retorted: “Whiskey I could see… but BOOKS”? 🙂

Knute
Knute
1 year ago
Reply to  Boomer

Just how the Bakken oil patch was back in the 1970’s. 8 days on, 7 days off…

Boomer
Boomer (@boomer)
1 year ago
Reply to  Boomer

First, what do you think I meant by getting state and fed law on the dame page? I agree states should decide their own laws, or did you miss the part about the fed needs to but out of state matters?! Second, a thief calling me selfish and a coward is probably the most comical thing Ive heard today. However, on that same point, comments like “you’ll wish you had stuck up for us felons” make me real confident that you’d be responsible with a firearm in the first place. What do you mean by it? How do you know… Read more »

Finnky
Finnky (@finnks)
1 year ago
Reply to  Boomer

@Boomer – The only way they will get on the same page is if federal government grabs more power. Doubt too many of us would support that. OTOH – If SCOTUS gets off their collective butts and starts enforcing the 2nd, everybody could quickly be on the same single sentence: “shall not be infringed”. Unfortunately I highly doubt we’ll get there and short of outright rebellion the best we can do is stop gap legislative fixes. Perhaps Michigan can add a gold star on cpl for those qualified under federal law. Doesn’t address bigger underlying problems, but would resolve your… Read more »

Boomer
Boomer (@boomer)
1 year ago
Reply to  Finnky

I agree that its a long shot, but take for example what Missouri is trying to do with their legislation to keep federal authorities out of their states 2A business. I forget the bills name/number but if passed it would not only prevent feds from enforcing their infringements, but would allow for prosecution of any fed officer for doing so within state lines. The only reason its not law already is because when it was first introduced years back their anti governor vetoed it, however now the governor is pro 2A and I believe it still has the votes to… Read more »

Finnky
Finnky (@finnks)
1 year ago
Reply to  Boomer

@Jacob – Agree with your first two paragraphs, but then you shifted off to your own selfishness and insults addressed to the rest of us.

Appreciate your efforts to engage in actual conversations and big reductions in your profanity and insults. Keep up the effort – you are already less offensive than many of Harold’s articles.

nrringlee
nrringlee (@nrringlee)
1 year ago

So, the learning point is this: in a progressive utopia the law is what we say it is whenever we see the need to pronounce the law. Statute, precedent and Stare Decisis apply only for those who hold power. Those who do not hold power, the people, must all bow down low. Big Brother speaks. His black-robed sooth sayers speak. All bow down.

Wild Bill
Wild Bill (@wild-bill)
1 year ago
Reply to  nrringlee

@ring, Who was the philosopher that first said, “The LAW is the rich protecting themselves from the poor.”

Doszap
Doszap (@barry)
1 year ago
Reply to  nrringlee

Yes that’s their plan, little do they know they will be under fire the day they enter office.

Some guy
Some guy
1 year ago

Well we already know the FBI lies to judges, participates in coup attempts, and is in general a bunch of corrupt political hacks, so it comes as no surprise that the lied to the ATF, another unconstitutional alphabet soup gravy train…….

Jonesy
Jonesy (@61deacon64)
1 year ago
Reply to  Some guy

And they can be easily bought. Ref. Whitey Bulger

Doszap
Doszap (@barry)
1 year ago
Reply to  Some guy

Bunch of f king Criminals, and tjhe GOP is not much better, REFUSING to prosecute these bastards is COMPLICITY.

Knute
Knute
1 year ago
Reply to  Doszap

Also: “Misprision of Felony”! https://www.law.cornell.edu/uscode/text/18/4 This is yet another example of wikipedia’s well known bias. They say: “Misprision of felony is an offence[sic] under the common law of England that is no longer active in many common law countries. Where it was or is active, it is classified as a misdemeanor.” It is a felony in the US, so hardly “no longer active”! Just more agenda driven fake news. Except now it’s fake encyclopedia! The first clue should be the author’s spelling. Would you REALLY trust the opinion of an anonymous interneter who can’t spell “offense” on a legal issue… Read more »

Some guy
Some guy
1 year ago

Sounds pretty unconstitutional to me!