Michigan’s firearm background check system, administered by the Michigan State Police (MSP), is designed to enforce state and federal laws regarding firearm transactions. This system requires all licensed firearms dealers to initiate background checks before selling or transferring a firearm. The checks are conducted in coordination with the National Instant Criminal Background Check System (NICS), a law enforcement agency that helps ensure that firearms don’t end up in the hands of disqualifying individuals.
Michigan’s Integration with the NICS Background Check
Michigan is a Point of Contact (POC) state for the NICS, which significantly enhances the oversight and thoroughness of state background checks. The Michigan State Police Department accesses state and federal databases to perform comprehensive checks on those attempting to purchase firearms. This ensures that no firearm transaction proceeds without an evaluation of the buyer’s criminal history and other disqualifying factors.
Key Information Collected in the Background Check Process
The Michigan State Police collects specific information during the background check process to ensure that each transaction adheres to legal standards.
- Buyer information such as full name, date of birth, proof of residency, and Michigan state ID or driver’s license
- History of criminal records, such as felony convictions and misdemeanors
- Mental health history
- History of drug abuse
This comprehensive data collection is crucial for ensuring that all individuals approved for firearm purchases meet the requirements intended to prevent gun violence and ensure public safety throughout the United States.
Updates to Firearm Purchase Requirements
The state of Michigan now requires potential buyers to have a firearms purchase permit or a concealed handgun license. For long guns, they require a background check to be conducted by an FFL dealer within 5 business days prior to purchase.
In the past, Michigan law only required background checks for pistol purchases. Now, it covers covers long guns and shotguns.
Approvals and Denials
Universal background checks result in one of two possible outcomes: approval or denial. These decisions are based on thorough assessments against federal and state eligibility criteria. Approval means that the prospective buyer can proceed with the firearm transaction if the background check reveals no disqualifying information. Denial happens when disqualifying factors, like a criminal conviction or domestic violence charge, are discovered during the background check, so the application is denied and the purchase cannot proceed.
Challenging a Denial
Individuals who receive a denial in the application process have the right to appeal this decision. The steps to challenge a denial include:
- Initiate the Appeal: Obtain the Appeals Form from the MSP or licensed dealer. It’s crucial that all parts of the form are filled out correctly to facilitate a detailed review.
- Submit Required Information: The applicant provides fingerprints and any information that could influence the review of their eligibility.
- Review Process: Once the appeal is submitted, the MSP re-examines the application, ensuring that all relevant facts are considered before making a decision.
- Final Decision: If the appeal is successful, the initial denial is overturned and the transaction can proceed.
This structured appeals process ensures that individuals have a fair chance to have their application reassessed and potentially overturned.
Frequently Asked Questions
The first step is understanding the difference between the FFL application and the CPL application. For the FFL application, applicants must complete ATF Form 7, undergo the state background check, and pay an application fee.
On the other hand, individuals go through a similar application process to obtain a valid Concealed Pistol License.
Typically, background checks are processed quickly, often within a few minutes. Delays can occur if additional information is needed or during high-volume periods.
There are separate requirements for the Michigan Concealed Pistol License (CPL) because it no longer qualifies as a NICS permit for owning firearms. CPL-holders who purchase a firearm through a federally licensed firearms dealer must undergo a NICS background check through the Federal Firearms Licensee (FFL).
The Firearm Sales Record, RI-060, is used when purchasing a firearm. This form includes the following information:
- Purchaser –> full name, date of birth, current address, etc
- Seller –> full name, purchase date, FFL number, etc
- Firearm –> serial number, manufacturer, model, etc
The RI-060a, Multiple Pistol Sales Record, is only used by FFL dealers when purchasing more than one pistol from a single seller on the same purchase date. The seller keeps the seller copy and the FFL keeps the purchaser copy. The purchaser then returns the Licensing Authority copy to their local law enforcement agency within ten days of purchase.