PA Bill Number: HB335
Title: In inchoate crimes, further providing for prohibited offensive weapons.
Description: In inchoate crimes, further providing for prohibited offensive weapons. ...
Last Action: Removed from table
Last Action Date: May 1, 2024
Why gun board denied CCW license for man with no criminal record :: 03/08/2015
Matthew Askins sat in front of Kent County's gun board for an interview that turned into an interrogation.
The concealed weapons license applicant was questioned about allegedly hiring a hit-man to injure an ex-girlfriend in 1988, about various episodes of harassment and intimidation alleged by an ex-wife and about an ex-wife's personal protection order. The panel inquired about a suspected breaking and entering at an ex-wife's property, a suspected larceny from an ex-wife and a domestic dispute with a girlfriend.
"I've been with a lot of girlfriends and it just doesn't ever work," Askins explained during his Thursday, March 5, interview with the board.
So maybe he's not an expert in relationships. But should Askins be denied a license to carry a concealed weapon?
The county's gun board voted 3-0 to deny Askins a permit, even though he has no criminal record. Board members found his extensive history of police incidents, most of which occurred in the 1990s, concerning.
In all of 18 run-ins with police over the past three decades, Askins said they "never even put 'cuffs on me." As a result, his application is one that likely would not raise a flag in a new permitting process set to take effect later this year.
"It's crazy (to be denied) because I've had a couple little incidents," Askins said. "I've never done anything wrong. Half the time, I called the police department.
"(Gun board members) are the ones that think they know it all. Those guys don't know what they're talking about."
RELATED: Cop says scrapping gun boards means 'You lose some of the local discretion'
County gun boards will be eliminated in December under legislation signed this week by Gov. Rick Snyder. That means no more local interviews of applicants.
For most of the 350-some concealed pistol permit applicants per month in Kent County, that will be a small change. But for the few applicants who aren't disqualified under state law, yet still get red-flagged locally, the change could make the difference between getting a permit or not.
The county's gun board, which includes representatives of the state police, sheriff's department and prosecutor's office, approves eligible applicants, rejects those whose criminal pasts prohibit carrying firearms and suspends or revokes licenses of people who get into trouble. The board used to bring in every applicant for a brief interview, but in recent years has called in only those who have been red-flagged by the prosecutor's office.
The county flagged the application from Askins because of the history of police incidents. Gun board members called it the worst list they've seen.
"This is a pattern of behavior of 24 years," board member Wallace Duffin said, explaining his vote to deny a permit.
RELATED: Michigan Gov. Rick Snyder signs revised gun bills to 'streamline' concealed pistol permit process
Statewide during the 12-month period that ended in June 2013, about 1,700 applications - a little over 1 percent of those received - were denied, mostly due to criminal history. Gun board decisions accounted for 363 denials, about one of every 350 applications. Kent County's gun board that year exercised local discretion to deny two applications.
There are about 15,000 active concealed pistol permits in Kent County.
The legislation signed Wednesday, March 4, will eliminate county gun boards by December, shifting their duties to county clerks and the Michigan State Police. The change eliminates the opportunity for local officials to consider information that does not pop up in a standard background check, requiring clerks to issue pistol permits based on statutory eligibility alone.
"There's not going to be an interview like we conduct here," county attorney Sangeeta Ghosh said. "There is a subjective denial which has been eliminated (with the new legislation)."
Snyder had vetoed county gun board bills in January, citing concerns with a provision that would have removed a blanket CPL prohibition for individuals subject to a personal protection order. He vetoed much broader legislation back in 2012 that would have also allowed permit holders with extra training to bring concealed weapons in carry-free zones like schools and bars.
