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ATF's rejection of Michigan CCW permits reversed
Posted by David Hardy · 14 November 2021 11:51 AM
Opinion here, from the Sixth Circuit. A win for GOA. A licensed dealer must perform background checks unless the buyer has a qualifying carrying permit. ATF initially ruled that Michigan permits qualified, then reversed itself. The District Court upheld ATF's position, but the 6th reversed and remanded for additional fact-finding. I wish the court had reached the Administrative Procedure Act issue, just because ATF has never been good at complying with the APA.
Another part of the reason that the BATFE may have voided Michigan's CCW as proof of compliance for background checks is the fact that our voters had just passed the recreational marijuana bill. So with no limit on our residents ability to use what our state now considers a legal product, but the feds still call illegal, the BATFE seemed to say, "screw you!"
The thing is, everyone in Michigan doesn't use pot, and it is not fair to lump everyone into the same bunch. We have more problems with drunk drivers than we do with stoned drivers.
When I got my CCW, I had to go through a lot of things, including fingerprints, background check, etc.