New legislation will tighten the net around those who fail a gun background check in Michigan. If an individual fails a gun background check (Gun purchase License) then prosecutors and police should be alerted. Introduced last Wednesday it calls for those Michigan Licensing Agencies to take action. The new legislation would alert attorneys and local law enforcement and also at Federal and state levels. The trigger is prompted when a prohibited person fails an application for a pistol purchase license. This failure relates to the state’s Law Enforcement Information Network (LEIN) background check. Advocates trust more of those failing gun background check will face the consequences. As opposed to being let off with impunity and to explore further avenues to obtain a gun. A pistol purchase license is only issued in Michigan if the applicant clears the LEIN check. Legislature wants authorities alerted as and when a prohibited individual fails the gun background check.

The worst case scenario is a prohibited individual then moves on to a private seller after failing a gun background check. The new legislation hopes to prevent dangerous individuals arming themselves. Everytown commented on the new legislation. Similar legislation has been implemented in other States. Reporting an individual who fails a gun background check protects communities. A crime is attempting to obtain a gun knowing about a criminal conviction, a mental illness or domestic abuse. Those that fail the background check are typically dangerous individuals. The proposed legislation seeks to engage law enforcement with valuable information which, in turn, protects communities. The legislation applies to individuals attempting to purchase via a private sale. It does not impinge on gun outlets that are Federally licensed. These outlets run a check through the FBI’s NICS (National Instant Criminal Background Check System).

From 71,000 denials in 2009 only 6.6% were referred on to ATF offices for investigation. From that figure only 140 were referred for prosecution. This according to a study funded by the DoJ. Enforcement of the Brady Act.

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