The National Rifle Association, several Michigan gun rights groups, and four state residents have filed a federal lawsuit seeking to strike down the state's pistol licensing and registration system.
The suit charges that it imposes "discretionary, standardless, and abusive conditions" on the exercise of Second Amendment rights.
The lawsuit, filed by the NRA, Michigan Coalition for Responsible Gun Owners, Michigan Gun Owners, and Michigan Open Carry, challenges Michigan's requirement that many residents obtain a License to Purchase before buying, possessing, carrying, or transporting a pistol.
The plaintiffs also challenge the state's firearm transaction reporting and database requirements.
According to the complaint, Michigan's licensing system allows permits to be denied based on "probable cause" to believe an applicant "would be a threat" or "would commit an offense with the firearm," a standard the plaintiffs argue gives the government too much discretion over a constitutional right.
The lawsuit alleges the system "provides no appeal process and no notice of disqualifying conditions" and results in "arbitrary and inconsistent issuance and denial of licenses by licensing officials."
The complaint further argues that Michigan's License to Purchase requirement duplicates federal background checks already conducted through the National Instant Criminal Background Check System.
"Thus, the LTP regime constitutes an abusive practice and is unconstitutional under Bruen," the lawsuit states.
The plaintiffs cite several individual cases they say demonstrate problems with the system, including applicants who were denied permits, prevented from submitting applications, or denied licenses based on prior determinations made by other agencies.
The lawsuit also challenges Michigan's requirement that pistol transaction records be submitted to authorities and entered into a statewide database maintained by Michigan State Police.
Plaintiffs argue the system creates "an owner-firearm identification system linking a particular purchaser to a particular pistol" and functions as a form of firearm registration.
The suit names Attorney General Dana Nessel, Michigan State Police Director Col. James Grady II, and several local law enforcement agencies and command officers as defendants.
It seeks a court order declaring portions of Michigan's licensing, reporting, and database requirements unconstitutional and would block their enforcement.
The Justice Department earlier this month launched a civil rights investigation into whether the Philadelphia Police Department improperly revokes licenses to carry firearms by relying on a vague "good cause" standard that may violate the Second Amendment.
The probe, announced by the DOJ's Civil Rights Division, will examine the Philadelphia Police Department's policies and practices for issuing and revoking concealed-carry permits, as well as its enforcement of Pennsylvania's Uniform Firearms Act.
The investigation will assess whether the city and police department have engaged in a pattern or practice of depriving residents of rights protected under the Second and Fourteenth Amendments.