Denial For License To Purchase Handgun In Michigan

**plant.on** · 03-13-2008, 06:39 PM

I recently applied for - and was denied - a liscence to purchase a handgun in Farmington Hills, Oakland County, Michigan.

The denial letter states that "...based upon your prior contacts with law enforcement which indicates a disregard for the law (P.A. 372 of 1927, MCL 28.422(3)."

I looked this statue online @ http://www.legislature.mi.gov/docume...72-of-1927.pdf
and basically came up with a list of further public acts that i needed to look up and am having trouble locating many of the statues on the list of information as to why i may be being denyed. I was wondering if someone could translate them into more common english so i can begin to find out why exactly i WAS denied.

(3) The commissioner or chief of police of a city, township, or village police department that issues licenses to purchase, carry, or transport pistols, or his or her duly authorized deputy, or the sheriff or his or her duly authorized deputy, in the parts of a county not included within a city, township, or village having an organized police department, in discharging the duty to issue licenses shall with due speed and diligence issue licenses to purchase, carry, or transport pistols to qualified applicants residing within the city, village, township, or county, as applicable unless he or she has probable cause to believe that the applicant would be a threat to himself or herself or to other individuals, or would commit an offense with the pistol that would violate a law of this or another state or of the United States. An applicant is qualified if all of the following circumstances exist:

(a) The person is not subject to an order or disposition for which he or she has received notice and an opportunity for a hearing, and which was entered into the law enforcement information network pursuant to any of the following:

(i) Section 464a(1) of the mental health code, 1974 PA 258, MCL 330.1464a.

(ii) Section 5107 of the estates and protected individuals code, 1998 PA 386, MCL 700.5107, or section 444a of former 1978 PA 642.

(iii) Section 2950(9) of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950.

(iv) Section 2950a(7) of 1961 PA 236, MCL 600.2950a.

(v) Section 14 of 1846 RS 84, MCL 552.14.

(vi) Section 6b(5) of chapter V of the code of criminal procedure, 1927 PA 175, MCL 765.6b, if the order has a condition imposed pursuant to section 6b(3) of chapter V of 1927 PA 175, MCL 765.6b.

(vii) Section 16b(1) of chapter IX of 1927 PA 175, MCL 769.16b.

(b) The person is 18 years of age or older or, if the seller is licensed pursuant to section 923 of title 18 of the United States Code, 18 USC 923, is 21 years of age or older.

(c) The person is a citizen of the United States and is a legal resident of this state.

(d) A felony charge against the person is not pending at the time of application.

(e) The person is not prohibited from possessing, using, transporting, selling, purchasing, carrying, shipping, receiving, or distributing a firearm under section 224f of the Michigan penal code, 1931 PA 328, MCL 750.224f.

(f) The person has not been adjudged insane in this state or elsewhere unless he or she has been adjudged restored to sanity by court order.

(g) The person is not under an order of involuntary commitment in an inpatient or outpatient setting due to mental illness.

(h) The person has not been adjudged legally incapacitated in this state or elsewhere. This subdivision does not apply to a person who has had his or her legal capacity restored by order of the court.

(i) The person correctly answers 70% or more of the questions on a basic pistol safety review questionnaire approved by the basic pistol safety review board and provided to the individual free of charge by the licensing Rendered Wednesday, March 12, 2008 Page 2 Michigan Compiled Laws Complete Through PA 21 of 2008 Ó Legislative Council, State of Michigan Courtesy of www.legislature.mi.gov authority. If the person fails to correctly answer 70% or more of the questions on the basic pistol safety review questionnaire, the licensing authority shall inform the person of the questions he or she answered incorrectly and allow the person to attempt to complete another basic pistol safety review questionnaire. The person shall not be allowed to attempt to complete more than 2 basic pistol safety review questionnaires on any single day. The licensing authority shall allow the person to attempt to complete the questionnaire during normal business hours on the day the person applies for his or her license.

I can provide the following information.

*I have no felony convictions. I do have a previous HYTA case that i completed successfully.
*I have one misdameaner charge in the state of michigan - Contributing to Deliquency of minors (alcohol).
(the above charges happend 7-13 years ago)
*I have no criminal history of violent crimes or personal protection orders
*I have no criminal history of the use of firearms
*i have no history of mental illnesses
*My HYTA case allowed me the posession and use of firearms for legal hunting/target purpouses - I specifically asked this question of my probation officer while i was on probation and was informed i was ok there.
*One of the oficers on the LTP investigation board for farmington hills told me he was the detective in charge of investigating my HYTA case all those years ago and 'just recognized me' when i went in to find out the status of my purchase permit.

Needless to say i'm a little lost and was not aware this denial was coming. I've talked to a lawyer and am doing research myself while i'm saving up to pay for my retainer. I will be acquiring full offical records of my criminal and driving history from the michigan state police.

ANy other suggestions as to what i should be doing would be very helpful.
Thanks in advance.
-Frustrated in Farmington

**Mr. Knowitall** · 03-15-2008, 07:45 AM

For any statute you need to look up, go here and enter the statute number in the appropriate box - (e.g., for MCL 769.16b, enter 769.16b in the "MCL Section" box). That will bring up the statute. You will find, actually, that they are written in English.