Bill would OK gun permits for people under PPOs

LANSING — Advocates for victims of domestic violence are among those opposed to a bill awaiting the signature of Gov. Rick Snyder that would eliminate county gun boards and make Michigan a true "shall-issue" state for concealed weapons permits.

Among the controversial provisions of Senate Bill 789 is one that says concealed weapons permits must be issued, even to persons subject to personal protection orders for domestic violence or stalking, provided they would otherwise be eligible for a permit and a ban on obtaining a gun is not a condition of their personal protection orders.

"Putting firearms in the hands of domestic violence perpetrators is dangerous; removing commonsense protections is dangerous," said Kathy Hagenian, executive policy director for the Michigan Coalition to End Domestic and Sexual Violence in Okemos.

The coalition "would very much like the governor to veto it," Hagenian said.

The bill passed during legislative horse-trading early in the morning of Dec. 19 as Snyder and legislative leaders worked to get the last GOP Senate vote needed to approve a road funding deal during the Legislature's final session. That vote ultimately came after 5 a.m. from the gun bill's sponsor, Sen. Mike Green, R-Mayville. The House passed SB 789 a few minutes later.

Green confirmed Monday he told then-Senate Majority Leader Randy Richardville he wouldn't vote for the road funding package that morning unless the House passed his gun boards bill, which had earlier passed the Senate. But Green said he had no assurances Snyder would sign his bill, though he believes the governor will do so based on indications from the governor and his staff and based on changes made to his bill to satisfy the Michigan State Police.

Green initially told the Free Press he wasn't aware of the provision related to personal protection orders, and that it was his understanding people subject to PPOs would not be able to obtain concealed weapons permits under his bill.

But that's not what the bill says, and the provision opposed by Hagenian was highlighted in legislative analyses of the bill going back to November.

After checking with his office, Green said some gun rights groups felt the existence of a PPO by itself should not exclude someone from getting a permit, provided no firearm restriction is part of the court order.

"That's a significant change," Green said.

Asked if it's legitimate for advocates for victims of domestic violence to be concerned about the change, Green said, "you can make a mountain out of a molehill," and some groups that are philosophically against the bill will look for specific items to oppose.

The bill eliminates the licensing boards counties now use to process applications to carry concealed weapons, shifting that function to county clerks with the assistance of the Michigan State Police.

Michigan purportedly became a "shall-issue" state in 2001 when laws took effect that said any citizen 21 or older could obtain a concealed weapon permit, provided they complete a pistol safety training course, undergo a background check, have no records of felonies or certain misdemeanors, are not subject to a PPO, and meet certain mental health requirements, among other limited conditions.

Since 2001, the number of concealed weapons permits in Michigan has skyrocketed from less than 100,000 to close to 600,000.

But Brady Schickinger, executive director of the Michigan Coalition for Responsible Gun Owners, said the continued existence of local gun boards has been the major reason for a lack of uniformity, and an application process that is supposed to take no more than 60 days can take several months in some Michigan counties. Some counties require applicants to appear during inconvenient working hours before gun boards — whose members are normally the county prosecutor, sheriff and a representative of the State Police — and others have set arbitrary expiration dates for gun safety course certificates, he said.

His group, like other gun rights enthusiasts, wants "one standardized process for issuing (permits) across the state," Schickinger told the Free Press.

Like Green, Schickinger said he was not familiar with the new provision allowing people with PPOs against them to obtain concealed weapons permits.

The bill, which reduces the maximum processing time to 45 days from 60 days and the maximum fee to $100 from $105, also removes provisions that allowed authorities to access mental health records of certain applicants or call in applicants for face-to-face interviews with the Michigan State Police.

The Michigan State Police initially opposed the bill, mainly because of the financial impact it would have on the department, but adjusted its stance to "neutral" in response to fee schedule changes agreed to by Green, said spokeswoman Shanon Banner.

As passed, much of the permit fee revenues that formerly went to counties will now go to the state Treasury to support the State Police.

"In regards to personal protection orders, the bill does prohibit an applicant from receiving a CPL (concealed pistol license) if he or she is the subject of a personal protection order that includes a restriction that the applicant is not allowed to purchase or possess a firearm," Banner said.

"If the court issuing the personal protection order does not prohibit the respondent from possessing a firearm, the personal protection order will not disqualify the individual from obtaining a CPL."

Hagenian said there is a strong correlation between firearms and domestic violence and the bill removes protections that could prevent tragedies. For example, a stalker subject to a PPO, pulled over for a traffic stop and found to be in possession of a concealed weapon would be in violation of the current law — but not the law now before Snyder, provided they have a permit, she said.

Green said he worked closely with the Michigan State Police to resolve its concerns about the bill because he does not want the bill to be vetoed.

The basic idea is that someone who has a right to obtain a pistol should also have the right to carry it concealed, provided they have the required safety training and pass a criminal background check and mental health requirements, he said.

The Michigan Association of Counties opposes the bill, said government affairs associate Dana Gill. "It's really a local control issue for us," Gill said.

State Rep. Jeff Irwin, D-Ann Arbor, who sat on the House Judiciary Committee that took up the bill and its companion bill, Senate Bill 790, said "it's already very easy" to get a concealed weapon permit in Michigan, and the bill eliminates "very limited checks and balances, which I thought were a good thing."

Snyder vetoed a bill in 2012 that was similar but also contained a provision that was significantly different, eliminating "off-limits" areas such as schools for concealed weapons permits holders who receive enhanced training.

The National Rifle Association and the Michigan Coalition for Responsible Gun Owners issued news releases over the weekend praising Snyder for signing SB 789, based on an erroneous blog report and an error on the state website.

Contrary to some reports, Snyder has not signed the bill, spokeswoman Sara Wurfel said Monday. He just received the bill from the Legislature and is studying it, she said.

Contact Paul Egan: 517-372-8660 or pegan@freepress.com. Follow him on Twitter @paulegan4.