LANSING, Mich. (Michigan News Source) – A coalition of gun-rights organizations and Michigan gun owners has filed a federal civil rights lawsuit seeking to dismantle Michigan’s pistol purchase permit and registration system, arguing the state is forcing citizens to jump through government hoops that federal law already covers.
The lawsuit, Moser et al. v. Nessel et al., was filed Sunday, June 14, in the U.S. District Court for the Western District of Michigan against Attorney General Dana Nessel, Michigan State Police Director Colonel James Grady II, and several local law enforcement agencies.
MORE NEWS: Mike Cox Gains Ground on John James in Michigan Governor Poll
At the center of the challenge is Michigan’s License to Purchase (LTP) requirement, which generally requires residents without a Concealed Pistol License (CPL) to obtain approval from local law enforcement before buying a handgun.
Lawsuit claims Michigan duplicates federal background checks.
The plaintiffs argue Michigan’s permit system is redundant because federally licensed firearm dealers already conduct background checks through the FBI’s National Instant Criminal Background Check System (NICS).
According to the complaint, Michigan then requires local police agencies to conduct many of the same checks before issuing a purchase permit, creating what the lawsuit describes as an unnecessary and constitutionally questionable layer of bureaucracy.
“Michigan cannot require law-abiding citizens to obtain a discretionary government permission slip before exercising a fundamental constitutional right,” said Michigan Coalition for Responsible Gun Owners attorney Steve Dulan in a statement announcing the lawsuit.
‘Probable cause’ and no appeal.
The lawsuit also targets a state provision allowing local officials to deny a permit if they have “probable cause” to believe an applicant could be a danger to themselves or others in the future.
Plaintiffs argue that standard is vague, subjective and vulnerable to inconsistent application. They further contend that Michigan law provides no meaningful appeal process for applicants who are denied permits.
MORE NEWS: MSU Trustees Censured After Refusing to Sign Censure Policy
According to the complaint, four gun owners were denied permits, blocked from applying, or prevented from obtaining permits even though they were not prohibited from owning firearms under federal law.
Registration database also challenged.
Beyond the purchase permit requirement, the lawsuit also seeks to invalidate Michigan’s pistol sales-record system, arguing it functions as a de facto firearm registry by linking specific handguns to individual owners in a database maintained by the Michigan State Police.
