CCW Referendum Petition Drive "Postponed"
(LANSING) -- On December 13, 2000, in a post-election session, the Michigan Legislature passed a bill requiring county gun boards to
issue concealed carry weapons (CCW) permits to anyone who applied that was 21 or older and had not been convicted of a felony or certain misdemeanors and did not have a history of mental illness.
Governor John Engler signed the bill into law on January 1, 2001.
According to the Detroit Free Press, a group opposed to the measure gathered nearly 260,000 signatures on a petition to block the
CCW law from taking effect until a referendum could be held on the issue. In June, the Michigan Supreme Court reversed a lower court ruling and said the law would go into effect, as scheduled, on July 1,
2001. The court ruled that the law was not subject to a referendum because it contained a $1 million appropriation to the Department of State Police for enforcement of the law.
The possibility exists that opponents of the law would be able to remove the law from the books. While it would not block enforcement of
the law, a ballot intiative would be able to overturn the legislative action. A new petition and 242,169 signatures would be needed to get the initiative on the November 2002 ballot.
The group who circulated the original petition, People Who Care About Kids (PWCAK), has announced through a message on their website
that their new petition drive has been postponed. Citing a lack of funds, the group is appealing for donations or volunteers.
While sure they could gather 250,000 signatures and get the initiative on the ballot, supporters say they were less confident they could
win a yes vote without a multimillion dollar campaign to go with it.
"You know that the pro-gun fanatics would fund a massive media campaign to support their law," said David Fink, Oakland County
coordinator for PWCAK. "It would be a horrible waste . . . and a tremendous setback, to put it on the ballot and then lose."
Since the law took effect, state police spokesman Dave Turner says 18,283 applications have been filed. 2,802 licenses have been issued
by county gun boards, while 24 applications have been denied.
State police estimates indicate the number of people who have CCW permits will more than double, from just over 51,000 under the old law
to more than 125,000.
The strain being put on county employees to investigate permit applicants is being felt statewide. Kent County Clerk Mary Hollinrake
said "My office manager is pulling her hair out." Hollinrake added that her staff is spending 80 to 100 hours a week on permit applications.
In Wayne County, when Prosecutor Mike Duggan resigned from the county's gun board, his investigators also left. In all, at least 15
county prosecutors have left local gun boards in response to the new law, according to the Detroit Free Press. Cathy Dingell of the Wayne County Sherriff's Office, said the county received 1,400
permit applications on the first day, but has approved only 60 due to a staffing shortage.
One of the new law's biggest supporters, Ross Dykman, the executive director of the Michigan Coalition of Responsible Gun Owners, said
that, despite a few bumps in the road, county officials are doing well in enforcement of the statute. "Quite frankly, I was expecting more problems with this than what happened," he said.
Another obstacle may be on the horizon. Ingham County Prosecutor Stuart Dunnings III has said that he plans to sue the state for
violation of the Headlee Amendment, which requires the state to cover local costs when implementing state laws and programs.
Despite an Ingham County judge's ruling dismissing an earlier lawsuit, Dunnings said he plans to go ahead and challenge the new law. His
earlier lawsuit had been to seek guidance on how to go about collecting mental health histories and criminal backgrounds for each applicant.
"It's clear the Legislature has imposed a new responsibility on gun boards without enough funding," Dunnings says.
—Alan Hainkel
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