[Congressional Record Volume 146, Number 155 (Friday, December 15, 2000)]
[Senate]
[Page S11895]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
``SHALL ISSUE'' LEGISLATION IN MICHIGAN
Mr. LEVIN. Mr. President, late Wednesday night, the Michigan
Legislature passed a bill that, if signed, will have a negative impact
on public safety in my home state. The legislature passed the ``shall
issue'' bill which would require that local licensing authorities
``shall'' or must issue a concealed handgun license to a person who
passes a background check and a safety course. Notably, the legislature
waited until after the election to pass the legislation.
The current law in our state now gives local gun boards discretion to
issue concealed gun licenses where a need is shown. Current law allows
local gun boards--each made up of a local sheriff, a county prosecutor
and a designee of the State police--to determine who should be allowed
to carry a concealed handgun. The legislation before the state
legislature would take discretion away from local law enforcement and
allow virtually any applicant to carry a concealed handgun.
In May of 1999, when the State Legislature last took up this bill, a
coalition of law enforcement groups led the fight against it. Law
enforcement soundly rejects the proliferation of concealed weapons in
our communities and have warned that this legislation will move
Michigan in a dangerous direction.
The Michigan Law Enforcement Coalition issued the following statement
about the bill:
Current law authorizes a local gun board made up of local
law enforcement officials to issue CCW [Carry Concealed
Weapons] licenses to those citizens who show a demonstrated
need to carry a concealed weapon. Legislation that would
shift the burden of proof, requiring the board to issue a
permit unless it can state a reason, is a state-mandated
``shall issue'' bill and eliminates local control.
The Michigan Law Enforcement Coalition opposes any
legislation which strips local gun boards of their discretion
and shifts the burden of proof from the applicant to the gun
board.
The Michigan Association of Chiefs of Police issued this statement:
This bill not only puts citizens at risk but will also
effect law enforcement officers trying to do a difficult and
dangerous job. Officers, already concerned due to the
proliferation of handguns, would have even more apprehension
knowing that the odds of confronting a concealed weapon have
been multiplied. The presence of a gun can make any situation
more dangerous. A gun can turn routine arguments into
episodes of serious injury or death. During stressful times
reasonable people do unreasonable things. The shouting match
over a parking space or the fist fight at a sporting event
can escalate into a shoot-out when guns are more accessible.
Already nearly one-third of all murders committed are the
result of an argument according to the FBI's Uniform Crime
Report.
The Michigan Association of Chiefs of Police urges the
Michigan Legislature to refrain from allowing the
proliferation of concealed weapons without adequate
safeguards by county licensing authorities. An armed society
is a frightened and dangerous society.
Law enforcement groups were joined in their opposition to this bill
by religious leaders, child advocates, and community leaders. Groups
such as the Michigan Catholic Conference, Michigan PTA, Michigan
Municipal League, Michigan's Children, Michigan Library Association,
Michigan Association of Elementary and Middle School Principals,
Michigan Association of Nonpublic Schools-Parent Network, Michigan
Partnership to Prevent Gun Violence, Michigan Association of Theatre
Owners, and National Conference for Community and Justice are unified
against the ``shall issue'' standard.
Mr. President, I am disappointed that the Michigan Legislature passed
this bill. I believe ``shall issue'' is wrong for Michigan and I have
urged the Governor to veto the bill. I ask unanimous consent to have
printed in the Record the letter I sent to the Governor.
There being no objection, the letter was ordered to be printed in the
Record, as follows:
December 13, 2000.
Hon. John Engler,
Governor of the State of Michigan,
Lansing, MI.
Dear Governor Engler: I am writing to urge you to veto the
``shall issue'' legislation which recently passed the
Michigan Legislature.
The ``shall issue'' legislation would make us less safe
according to those best in a position to know. That's why it
is opposed by a broad coalition of law enforcement groups
such as the Michigan Association of Chiefs of Police and the
Michigan Police Legislative Coalition (which includes the
Michigan State Police Troopers Association, the Michigan
State Police Command Officers Association, the Michigan
Association of Police, the Police Officers Labor Council,
Detroit Police Lieutenants and Sergeants Association, Detroit
Police Officers Association, Warren Police Officers
Association, and Flint Police Officers Association).
Law enforcement officers, who undergo an initial 72 hours
of firearms training as well as annual re-training, have
warned that allowing thousands more private citizens to carry
concealed handguns would pose significant threats to public
safety. It is unrealistic to expect citizens with a fraction
of the training to demonstrate the same precautions and the
same judgment as police officers. There is no justification
for making the already difficult and dangerous job of an
officer even more difficult and dangerous by increasing the
number of concealed handguns on the streets.
I am also concerned that an increase in concealed weapons
licenses will effectively expand an exception in the Brady
background check system. The ``Brady Law'' provides that
licensed gun dealers are not required to initiate criminal
background checks if the purchaser presents a state-issued
license to carry a firearm which was issued within five
years. This would mean that people who have committed crimes
after they have received concealed carry licenses would be
able to purchase additional guns with no background checks
unless and until their licenses are revoked.
Although the ``shall issue'' legislation allows the State
to suspend or revoke a license if the license holder has
committed a potentially disqualifying crime, the experiences
of other states with such laws show that revocation doesn't
happen instantly or always successfully. Some states with
``shall issue'' laws have acknowledged mistakenly issuing
hundreds of licenses to applicants with prior convictions.
Once those persons manage to slip through the screening
process for concealed gun licenses that one time, they are
then able to buy guns without further background checks for
five years.
Earlier this year, all eyes turned to Michigan after the
tragic shooting death of Kayla Rolland. Now, nearly ten
months later, the people of Michigan want all of us to work
toward decreasing the amount of gun violence in their schools
and community places, not increasing the proliferation of
guns in our neighborhoods and on our streets. The people of
Michigan reject the notion that they will be unsafe in public
places if not armed. I urge you to do the same and to veto
the ``shall issue'' legislation, leaving local gun boards in
charge of these often life and death decisions.
Sincerely,
Carl Levin.
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