Unintended Consequences of Eliminating MI Gun Boards
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Unintended Consequences of Eliminating MI Gun Boards


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Old 12-19-2015, 03:10 AM   #1
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Default Unintended Consequences of Eliminating MI Gun Boards

Heard a 2A attorney speak tonight... Our legislative idiots did it again...

MI eliminated the stupid gun boards, which too often made up their own rules and laws. HOWEVER, legislature didn't consider that the gun boards also were the source for appeals of CPL suspension and didn't put any provision into the law for appeals.

He currently has a client, who was arrested (for a bogus reason, and if the story he told is true, I agree it was bogus), however, the law says if you're arrested the CPL is suspended. His client was booted without being charged. County Clerk is refusing to return his CPL, because it was suspended. His client is forced to go to circuit court to get a court order reactivating his CPL.


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Old 12-19-2015, 04:53 AM   #2
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Sigh. The law of unintended consequences. "Actions of people—and especially of government—always have effects that are unanticipated or unintended."


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Old 12-19-2015, 06:35 AM   #3
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Old 12-19-2015, 11:20 AM   #4
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You could bet that there were some people who knew what would happen.

Find those people and sue them for infringing on the 2A.
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Old 12-19-2015, 01:11 PM   #5
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Quote:
Originally Posted by danf_fl View Post
You could bet that there were some people who knew what would happen.

Find those people and sue them for infringing on the 2A.
Lawyer who was talking discovered the issue before the legislature voted talked to both the legislature and the NRA. He said not a one believed this would actually happen. And, he already has a client with the issue.

He extended the possibility to another client who was wrongfully charged with a CCW. Police didn't know the law, and a very anti gun prosecutor refused to listen to him and they had to go to court to have the CCW charge dismissed. The way the law sits now, as soon as the officer writes the ticket, he is required to file a CPL revocation. So in this case, if the person had a CPL, the officer is required to revoke the CPL. No way for the person to get the CPL back, even the officer was ignorant of the law.

Went to an event last night at a very active competition shooter's law firm. We were talking about this, he had no idea the gun boards even went away {sigh}. Nothing like keeping up on changes in the law!
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Old 12-19-2015, 01:28 PM   #6
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So, let's think about this. Any arrest, even an entirely baseless arrest, results in loss of CPL. And nothing less than a court order can force the restoration?

So, an anti-gun desk sergeant can direct his guys to make a bunch of ridiculous arrests targeting people who are known to have CPLs? An anti-gun officer can do the same on his own hook?

MI Legislature needs to act quickly. At least an amendment defining the ways to restore CPL: If charges are dropped, immediate restoration of the license along with other personal effects. If found not guilty, immediate restoration of license. And by immediate, I do NOT mean as soon as an application is submitted, processed and a new license sent by snail mail. I mean, the physical license that was taken is handed back to the innocent party before they leave the police station or the courthouse.
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Old 12-19-2015, 01:57 PM   #7
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Quote:
Originally Posted by Balota View Post
So, let's think about this. Any arrest, even an entirely baseless arrest, results in loss of CPL. And nothing less than a court order can force the restoration?

So, an anti-gun desk sergeant can direct his guys to make a bunch of ridiculous arrests targeting people who are known to have CPLs? An anti-gun officer can do the same on his own hook?

MI Legislature needs to act quickly. At least an amendment defining the ways to restore CPL: If charges are dropped, immediate restoration of the license along with other personal effects. If found not guilty, immediate restoration of license. And by immediate, I do NOT mean as soon as an application is submitted, processed and a new license sent by snail mail. I mean, the physical license that was taken is handed back to the innocent party before they leave the police station or the courthouse.
If I had to guess, I would say this is by design and will not be rectified anytime soon if ever.
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Old 12-19-2015, 02:45 PM   #8
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Mseric, you are thinking with a jaded eye! Probably accurate but jaded.
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Old 12-20-2015, 11:28 PM   #9
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I love mseric

Knowing the players involved in the legislative process, I don't believe that to be true... however, there's some other legislative shenanigans going on that are doing some anti 2A stuff intentionally.

Balota, you are absolutely correct. However, we can't even get a bill passed that holds elected or appointed officials personally and directly responsible for violating state laws. this is with an R majority and R (claims to be anyway) Gov.


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