GOA Files Complaint, ATF’s Reversal Requires Additional Infringements on MI Gun Owner

Lawsuit
GOA Files Complaint, ATF’s Reversal Requires Additional Infringements on MI Gun Owners

Springfield, VA – -(AmmoLand.com)- Gun Owners of America (GOA) filed a complaint against the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for its reversal of an agreement which protects gun buyers from the potential negative effects of gun owner registration. Previously, a Michigan’s Concealed Pistol License (CPL) would exempt gun owners from the National Instant Background Check System (NICS) whenever they purchased firearms from a federal firearms licensed dealer (FFL).

In two dozen states, permit holders are exempted from undergoing a NICS check to purchase a firearm. However, due to so-called “Public Safety Advisories” issued by the ATF in states like Michigan, Minnesota, and Alabama, FFLs are now required to perform background checks on all gun purchasers.

“This is another unnecessary move by the ATF. Forcing background checks on individuals who have already been screened by the government is a poor use of time and resources, and always presents the danger of registering gun owners’ firearms purchases,” said Erich Pratt Senior Vice President of GOA.

“Gun Owners of America believes the Second Amendment prevents Federal and state governments from implementing prior restraints upon the right to keep and bear arms. The ATF’s recent policy reversal in Michigan is clearly a step in the wrong direction.”

The complaint can be viewed here.

Complaint in 120 Cv 10639 TLL PTM Gun Owners of America Inc. Et Al v. U.S. Justice Department Et Al[1] by AmmoLand Shooting Sports News on Scribd

Gun Owners of America GOA logoErich Pratt, or another GOA spokesperson, is available for interviews. Gun Owners of America is a nonprofit grassroots lobbying organization dedicated to protecting the right to keep and bear arms without compromise. GOA represents over two million members and activists. For more information, visit GOA’s Press Center.

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Tionico
Tionico(@tionico)
1 year ago

so what NEEDS to happen is to remove marijuana fromSchedule One status, which it clearly is not anyway, AND to end the MI handgun registry as well. BOTH are serious infringements on multiple levels.

VA Reloader
VA Reloader(@va-reloader)
1 year ago

How about suppressor owners, they have gone through a very detailed background check.

nobodyuknow
nobodyuknow(@nobodyuknow)
1 year ago

Good luck with this one . . .

StWayne
StWayne
1 year ago

The problem you run into with organizations like this is that they must always be seeking ways to justify their existence, or be disbanded. How much do you want to bet that they tell themselves there’s no way they’re going back to walking a beat? Imagine that: being beat cop verses an ATF Agent. “Oh hell no that ain’t going to happen!” So say they all.

hippybiker
hippybiker(@hippy-biker)
1 year ago
Reply to  StWayne

Perhaps you’re thinking of the nra. GOA is straight up. That’s why I gave up on the nra and joined GOA!

Rattlerjake
Rattlerjake(@rattlerjake)
1 year ago
Reply to  hippybiker

He’s (StWayne) talking about the ATF, not the GOA, he just used the wrong classification — they are a government agency not an organization.

Ryben Flynn
Ryben Flynn
1 year ago

Unfortunately the ATF is right, when Michigan legalized marijuana but still issued a carry permit to a user, that person is now prohibited from buying or owning firearms under Federal Law.
The Article neglected to mention the reason the ATF reversed itself on Michigan CPLs.

pigpen51
pigpen51(@pigpen51)
1 year ago
Reply to  Ryben Flynn

Then how do you explain that the BATFE’s didn’t do the same thing when we had medical marijuana only in Michigan? You could still use your CCW permit for a background check replacement. The strange thing is, the BATFE’s said that if you had a MM card, you were considered as being a marijuana user. I have a chronic pain condition, that I have had for a very long time. A number of years ago, I got a medical marijuana card, and tried the drug for my condition. It did not work, and I did not continue with it. It… Read more »

Rattlerjake
Rattlerjake(@rattlerjake)
1 year ago
Reply to  Ryben Flynn

Fact is that the federal government is violating our rights with unconstitutional laws just as much as the states are. These “laws” are called “not laws”. https://www.bing.com/search?form=MOZTSB&pc=MOZI&q=not+laws Even the SUPREME COURT these “not laws” are unconstitutional hence ILLEGAL. Problem is that the majority of people will cower to the intimidation of government rather than stand for their rights and the Constitution. The government has no constitutional authority to create these laws, because they are prohibitive and not criminal. There is no authority of government to prohibit the people from doing anything that does not constitute a crime – a crime… Read more »

Boomer
Boomer(@boomer)
1 year ago

Thank you GOA! As a MI resident this is incredibly relieving to know that at least one of the big gun groups are acknowledging this asinine rule changing! Donating to GOA again today!

JPM
JPM(@jpm)
1 year ago

Everything you need to know about ATF and how they operate.

hippybiker
hippybiker(@hippy-biker)
1 year ago
Reply to  JPM

Them and the Federal Bumbling Incompetents!

Bds1904
Bds1904(@bds1904)
1 year ago

Obviously everyone involved in this article knows absolutely nothing about Michigan gun laws. Michigan has a pistol registration. You buy a pistol and you get a sales record that by law has to go to your county sheriff within 7 days. This applies to every pistol sale, private or FFL. Even private sales of pistols are required to undergo a background check via a purchase permit unless you have a CPL in Michigan. Build a pistol? Yep, you have to fill out a sales record selling from yourself to yourself and undergo a background check before that happens. If you… Read more »

Loser4life12
Loser4life12(@loser4life12)
1 year ago
Reply to  Bds1904

Filling out that form to sell to yourself is technically a felony as the buyer and seller are legally defined entities, if you build it you don’t have to register, also holding a col of another state exempts you from registration, the seller will still have to keep the form for themselves but you can shred or burn yours at that point

Loser4life12
Loser4life12(@loser4life12)
1 year ago
Reply to  Loser4life12

Never get legal advice from LEO they aren’t paid to know all the laws just enforce them it’s the courts job to shift through the bs as in the case of the security guard from New Jersey carrying “illegal” ammunition which was exempted from the law he was charged with on the states website

Tionico
Tionico(@tionico)
1 year ago
Reply to  Loser4life12

and not one issifer veer anywhere has ever fibbed to make something “illegal” legal, or the other way round, to “justify” an action he has decided WILL happen, right?

Boomer
Boomer(@boomer)
1 year ago
Reply to  Bds1904

Not exactly… there is a specific exemption in the law for those holding an out of state concealed carry permit, which is precisely why I, and those who care to research, have a MI and AZ license to carry and aren’t required to register handguns.

HoundDogDave
HoundDogDave(@hounddogdave)
1 year ago
Reply to  Boomer

Hmmm? I’ll have to look into that. I don’t much care to have the government knowing what handguns I have, but at this point they do. I have a couple revolvers and an AR pistol on my wish list right now and it would be nice to keep them off the States books if possible.

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

@HDG, With 10.5” barrel my AR “pistol” is just over 26”. Thus under federal law it is neither a pistol or a rifle but an “other”. If MI uses federal (NFA) definitions you may be able to sidestep registration this way as well. I picked this length as minimum to achieve satisfactory velocity, but legal effect is welcome as well.
However as pointed out above, legality may not protect you from prosecution. If this is provides legal cover, you’ll still have to watch out for ignorant cops.

HoundDogDave
HoundDogDave(@hounddogdave)
1 year ago
Reply to  Finnky

My concern is not protection from prosecution, but protection from persecution. Being the fine upstanding citizen that I am, I do my best to stay within the law (no matter how stupid it is), right up to the point when I am pushed outside the law. Michigan does not currently have a RED FLAG law on the books , but it is being talked about in the legislature. Not that I expect to be red flagged or anything. Just knowing that they have a list to use, in the event I am red flagged, of all my pistols that they… Read more »

Rattlerjake
Rattlerjake(@rattlerjake)
1 year ago
Reply to  Finnky

ALL cops are ignorant cops because ALL cops enforce illegal laws! A perfect example is the enforcement of any state requirement for an individual to have a state driver’s license for personal travel. The SCOTUS has established that driving for personal activities is a RIGHT, not a privilege, contrary to what ALL states claim!

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

Just make sure you’re measuring from bare buffer tube (no brace attached) to the end of barrel with no muzzle device (unless its pin/welded) because my 10.5 is just short of the 26” mark. Not saying yours doesn’t have a 26” o.a.l., however, as I realize this could potentially be achieved with a Vltor A5 or A2 rifle length buffer tube, for example. ATF doesn’t classify a brace as “integral” to a pistol since it can still be fired one handed without it, unlike a stocks o.a.l. measurement inclusion due to its necessity on a rifle to facilitate firing from… Read more »