Extreme Risk Protection Order to prevent individuals from possessing or owning a firearm for eight years following their conviction. That legislation was signed into law by Governor Gretchen Whitmer in November of 2023.
Michigan Attorney General Dana Nessel has joined a coalition of 21 attorneys general advocating for pragmatic state and federal regulations on firearm sales aimed at enhancing community safety and protecting citizens from the potential threats posed by criminals seeking to register their firearms.
The coalition filed an amicus brief in U.S. v. Steven Perez arguing that federal laws preventing individuals from transporting or receiving firearms from outside the state in which they reside, except through a federally licensed firearms dealer, are essential to protecting public safety from criminals transporting or receiving firearms outside the state.
The amicus brief, filed in the United States Court of Appeals for the Second Circuit, explains that state and federal regulation of firearms dealers helps reduce violent crime and supports law enforcement investigations.
“Enforcing sensible regulations on the transfer and sale of firearms across state lines is crucial to safeguarding our communities against gun violence and bolstering state laws,” Nessel said. “I stand firmly with my colleagues in supporting these regulations.”
In 2020, Steven Perez obtained weapons through an illegal transaction with an unlicensed firearms dealer in South Carolina, which were subsequently transported to him in New York City. Following this, he was arrested, faced criminal prosecution, and was convicted and sentenced to prison in New York.
Mr. Perez is currently appealing his conviction, which was issued by the U.S. District Court for the Southern District of New York, asserting that it infringes upon his Second Amendment right to carry a firearm.
The coalition asserts that federal regulations governing the transport of firearms across state lines do not violate Second Amendment rights; rather, these regulations enhance public safety and strengthen state-level gun laws.
The attorneys general emphasize that state oversight of firearm dealers mitigates the risk of gun misuse and empowers law enforcement to investigate gun-related crimes more effectively. For instance, 17 states mandate that licensed firearms dealers keep meticulous records of their inventory and transactions, which aids law enforcement in probing violent crimes and enhances community safety by providing them with accurate and current information.
Additional state regulations further limit unlawful access to firearms, addressing issues such as theft, straw purchases, and illegal transactions.
Since assuming office in 2019, Nessel has actively championed gun safety initiatives, advocating for a federal prohibition on handgun sales to individuals under 21 years old, enhanced accountability measures for gun manufacturers, efforts to eliminate untraceable ghost guns from our streets, and a ban on firearms in the Capitol as well as other state facilities.
AG Nessel gave testimony before the Michigan Senate in favor of gun safety laws that would increase the number of background checks for gun purchasers, set safe storage standards, and introduce an Extreme Risk Protection Order procedure to prevent individuals convicted of domestic violence misdemeanors from possessing or owning a firearm for eight years following their conviction.
That legislation was signed into law by Governor Gretchen Whitmer in November of 2023.
Joining AG Nessel in filing this New York-led amicus brief are the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and Wisconsin.
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