Legal Question in Constitutional Law in Michigan
purchase permit
as an avid hunter and outdoors person i always believed that one had the guaranteed right to a handgun purchase permit if they had no felonies.how is it that someone with just one misdemeanor and no prior record could be denied a permit? how is it that just one officer can process your claim and grant or refuse to grant the permit? shouldn't there be some kind of due process involved when it comes to denying a citizen their 2nd ammend. rights? at least to prevent one person from making a biased decision.nobody should have to hire an attorney,tie up the courts,spend hundreds even thousands to enjoy their rights. should they?
2 Answers from Attorneys
Re: purchase permit
Contrary to popular belief and the NRA [of which I am a member] the United States Supreme Court has NEVER held that the 2nd Amendment protects the right of individual ownership/possession of firearms. It protects only against federal attempts to disarm state militias. Ain't that something?
Consequently, gun permits are a matter of privilege, not of right, so that irregularities other than felony convictions may be taken into consideration in deciding whether or not to issue a carry permit.
Don't shoot the messenger - I just report the law, I don't decide it.
Re: purchase permit
Hello. I understand your
frustration. The fact is,
as I see it, that the crime
rate has caused Congress and
the Supreme Court to take
measures which amount to an
erosion of our constitutional
rights. At least these two
branches of government feel
that this is necessary. I
am not saying that I agree
or disagree, but clearly
our rights as citizens have
been jeopardized directly
and indirectly by anti-social
behavior of others who in
many instances don't even
vote.
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