Bill Text: MI SB0789 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Weapons; licensing; concealed pistol licensing boards; eliminate, and transfer duties to department of state police and county clerks. Amends secs. 1, 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5j, 5k, 5l, 5m & 8 of 1927 PA 372 (MCL 28.421 et seq.); adds sec. 5x & repeals sec. 6a of 1927 PA 372 (MCL 28.426a).
Spectrum: Partisan Bill (Republican 10-0)
Status: (Vetoed) 2014-12-31 - Vetoed By Governor 01/15/2015 [SB0789 Detail]
Download: Michigan-2013-SB0789-Engrossed.html
SB-0789, As Passed Senate, June 10, 2014
SUBSTITUTE FOR
SENATE BILL NO. 789
A bill to amend 1927 PA 372, entitled
"An act to regulate and license the selling, purchasing,
possessing, and carrying of certain firearms, gas ejecting devices,
and electro-muscular disruption devices; to prohibit the buying,
selling, or carrying of certain firearms, gas ejecting devices, and
electro-muscular disruption devices without a license or other
authorization; to provide for the forfeiture of firearms and
electro-muscular disruption devices under certain circumstances; to
provide for penalties and remedies; to provide immunity from civil
liability under certain circumstances; to prescribe the powers and
duties of certain state and local agencies; to prohibit certain
conduct against individuals who apply for or receive a license to
carry a concealed pistol; to make appropriations; to prescribe
certain conditions for the appropriations; and to repeal all acts
and parts of acts inconsistent with this act,"
by amending sections 1, 2a, 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5j, 5k,
5l, 5o, and 8 (MCL 28.421, 28.422a, 28.424, 28.425, 28.425a,
28.425b, 28.425c, 28.425d, 28.425e, 28.425f, 28.425j, 28.425k,
28.425l, 28.425o, and 28.428), section 1 as amended by 2012 PA 243,
section 2a as amended by 2013 PA 3, section 4 as amended by 2014 PA
6, sections 5, 5a, and 5e as added by 2000 PA 381, sections 5b and
8 as amended by 2008 PA 406, sections 5c and 5d as amended by 2002
PA 719, sections 5f, 5k, and 5o as amended by 2012 PA 123, section
5j as amended by 2004 PA 254, and section 5l as amended by 2012 PA
32, and by adding section 5x; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) As used in this act:
(a) "Felony" means that term as defined in section 1 of
chapter I of the code of criminal procedure, 1927 PA 175, MCL
761.1, or a violation of a law of the United States or another
state that is designated as a felony or that is punishable by death
or by imprisonment for more than 1 year.
(b) "Firearm" means a weapon from which a dangerous projectile
may be propelled by an explosive, or by gas or air. Firearm does
not include a smooth bore rifle or handgun designed and
manufactured exclusively for propelling by a spring, or by gas or
air, BBs not exceeding .177 caliber.
(c) "Misdemeanor" means a violation of a penal law of this
state or violation of a local ordinance substantially corresponding
to a violation of a penal law of this state that is not a felony or
a violation of an order, rule, or regulation of a state agency that
is punishable by imprisonment or a fine that is not a civil fine,
or both.
(d) "Peace officer" means, except as otherwise provided in
this act, an individual who is employed as a law enforcement
officer, as that term is defined under section 2 of the commission
on law enforcement standards act, 1965 PA 203, MCL 28.602, by this
state or another state, a political subdivision of this state or
another state, or the United States, and who is required to carry a
firearm in the course of his or her duties as a law enforcement
officer.
(e) "Pistol" means a loaded or unloaded firearm that is 26
inches or less in length, or a loaded or unloaded firearm that by
its construction and appearance conceals it as a firearm.
(f) "Purchaser" means a person who receives a pistol from
another person by purchase or gift.
(g) "Reserve peace officer", "auxiliary officer", or "reserve
officer" means, except as otherwise provided in this act, an
individual authorized on a voluntary or irregular basis by a duly
authorized police agency of this state or a political subdivision
of this state to act as a law enforcement officer, who is
responsible for the preservation of the peace, the prevention and
detection of crime, and the enforcement of the general criminal
laws of this state, and who is otherwise eligible to possess a
firearm under this act.
(h) "Retired police officer" or "retired law enforcement
officer" means an individual who was a police officer or law
enforcement officer who was certified as described under section 9a
of
the commission on the law enforcement standards act, 1965 PA
203, MCL 28.609a, and retired in good standing from his or her
employment as a police officer or law enforcement officer. A police
officer or law enforcement officer retired in good standing if he
or she receives a pension or other retirement benefit for his or
her service as a police officer or law enforcement officer or has
actively maintained a Michigan commission on law enforcement
standards or equivalent state certification for 15 or more
consecutive years.
(i) "Seller" means a person who sells or gives a pistol to
another person.
(j) "State court judge" means a judge of the district court,
circuit court, probate court, or court of appeals or justice of the
supreme court of this state who is serving either by election or
appointment.
(k) "State court retired judge" means a judge or justice
described in subdivision (j) who is retired, or a retired judge of
the recorders court.
(2) A person may lawfully own, possess, carry, or transport as
a pistol a firearm greater than 26 inches in length if all of the
following conditions apply:
(a) The person registered the firearm as a pistol under
section 2 or 2a before January 1, 2013.
(b) The person who registered the firearm as described in
subdivision (a) has maintained registration of the firearm since
January 1, 2013 without lapse.
(c) The person possesses a copy of the license or record
issued to him or her under section 2 or 2a.
(3) A person who satisfies all of the conditions listed under
subsection (2) nevertheless may elect to have the firearm not be
considered to be a pistol. A person who makes the election under
this subsection shall notify the department of state police of the
election in a manner prescribed by that department.
Sec. 2a. (1) The following individuals are not required to
obtain a license under section 2 to purchase, carry, possess, use,
or transport a pistol:
(a) An individual licensed under section 5b, except for an
individual who has a temporary license issued under section 5a(4)
or a receipt serving as a concealed pistol license under section
5b(9) or 5l(3).
(b) A federally licensed firearms dealer.
(c) An individual who purchases a pistol from a federally
licensed firearms dealer in compliance with 18 USC 922(t).
(2) If an individual described in subsection (1) purchases or
otherwise acquires a pistol, the seller shall complete a record in
triplicate on a form provided by the department of state police.
The record shall include the purchaser's concealed weapon license
number or, if the purchaser is a federally licensed firearms
dealer, his or her dealer license number. If the purchaser is not
licensed under section 5b and is not a federally licensed firearms
dealer, the record shall include the dealer license number of the
federally licensed firearms dealer who is selling the pistol. The
purchaser shall sign the record. The seller may retain 1 copy of
the record. The purchaser shall receive 2 copies of the record and
forward 1 copy to the police department of the city, village, or
township in which the purchaser resides, or, if the purchaser does
not reside in a city, village, or township having a police
department, to the county sheriff, within 10 days following the
purchase or acquisition. The return of the copy to the police
department or county sheriff may be made in person or may be made
by first-class mail or certified mail sent within the 10-day period
to the proper address of the police department or county sheriff. A
purchaser who fails to comply with the requirements of this
subsection is responsible for a state civil infraction and may be
fined not more than $250.00. If a purchaser is found responsible
for a state civil infraction under this subsection, the court shall
notify the department of state police. If the purchaser is licensed
under section 5b, the court shall notify the licensing authority of
that determination.
(3) Within 10 days after receiving the record copy returned
under subsection (2), the police department or county sheriff shall
electronically enter the information into the pistol entry database
as required by the department of state police if it has the ability
to electronically enter that information. If the police department
or county sheriff does not have that ability, the police department
or county sheriff shall provide that information to the department
of state police in a manner otherwise required by the department of
state police. Any police department or county sheriff that provided
pistol descriptions to the department of state police under former
section 9 of this act shall continue to provide pistol descriptions
to the department of state police under this subsection. Within 48
hours after entering or otherwise providing the information on the
record copy returned under subsection (2) to the department of
state police, the police department or county sheriff shall forward
the copy of the record to the department of state police. The
purchaser has the right to obtain a copy of the information placed
in the pistol entry database under this subsection to verify the
accuracy of that information. The police department or county
sheriff may charge a fee not to exceed $1.00 for the cost of
providing the copy. The purchaser may carry, use, possess, and
transport the pistol for 30 days beginning on the date of purchase
or acquisition only while he or she is in possession of his or her
copy of the record. However, the person is not required to have the
record in his or her possession while carrying, using, possessing,
or transporting the pistol after this period.
(4) This section does not apply to a person or entity exempt
under section 2(7).
(5) An individual who makes a material false statement on a
sales record under this section is guilty of a felony punishable by
imprisonment for not more than 4 years or a fine of not more than
$2,500.00, or both.
(6) The department of state police may promulgate rules to
implement this section.
(7) As used in this section:
(a) Before December 18, 2012, "federally licensed firearms
dealer" means an individual who holds a type 01 dealer license
under 18 USC 923.
(b) Beginning December 18, 2012, "federally licensed firearms
dealer" means a person licensed to sell firearms under 18 USC 923.
(c) "Person" means an individual, partnership, corporation,
association, or other legal entity.
Sec. 4. (1) A person who is prohibited from possessing, using,
transporting, selling, purchasing, carrying, shipping, receiving,
or distributing a firearm under section 224f(2) of the Michigan
penal
code, 1931 PA 328, MCL 750.224f, may apply to the concealed
weapons
licensing board circuit court
in the county in which he or
she resides for restoration of those rights.
(2) A person who is prohibited from possessing, using,
transporting, selling, carrying, shipping, or distributing
ammunition under section 224f(4) of the Michigan penal code, 1931
PA
328, MCL 750.224f, may apply to the concealed weapons licensing
board
circuit court in the county in which he or she resides for
restoration of those rights.
(3) Not more than 1 application may be submitted under
subsection
(1) or (2) in any calendar year. The concealed weapons
licensing
board circuit court may charge a fee of not more than
$10.00
for the actual and necessary expenses of each application.as
provided in section 2529 of the revised judicature act of 1961,
1961 PA 236, MCL 600.2529.
(4)
The concealed weapons licensing board circuit court shall,
by
written order, of the board, restore the rights of a person
to
possess, use, transport, sell, purchase, carry, ship, receive, or
distribute a firearm or to possess, use, transport, sell, carry,
ship,
or distribute ammunition if the board circuit court
determines, by clear and convincing evidence, that all of the
following circumstances exist:
(a) The person properly submitted an application for
restoration of those rights as provided under this section.
(b) The expiration of 5 years after all of the following
circumstances:
(i) The person has paid all fines imposed for the violation
resulting in the prohibition.
(ii) The person has served all terms of imprisonment imposed
for the violation resulting in the prohibition.
(iii) The person has successfully completed all conditions of
probation or parole imposed for the violation resulting in the
prohibition.
(c) The person's record and reputation are such that the
person is not likely to act in a manner dangerous to the safety of
other persons.
(5)
If the concealed weapons licensing board under subsection
(4)
refuses to restore a right under this section, the person may
petition
the circuit court for review of that decision.
Sec.
5. (1) County sheriffs, local police agencies, and county
clerks shall provide concealed pistol application kits during
normal business hours and free of charge to individuals who wish to
apply for licenses to carry concealed pistols. Each kit shall only
contain all of the following:
(a) A concealed pistol license application form provided by
the director of the department of state police.
(b)
The fingerprint cards required under section
5b(11).5b(10), if required.
(c) Written information regarding the procedures involved in
obtaining
a license to carry a concealed pistol.
, including
information
regarding the right to appeal the denial of a license
and
the form required for that appeal.
(d) Written information identifying entities that offer the
training required under section 5b(7)(c), if maintained by the
county clerk.
(2)
A county sheriff, local police agency, or county clerk
shall not deny an individual the right to receive a concealed
pistol application kit under this section.
(3) An individual who is denied an application kit under this
section
and obtains an order of mandamus directing the concealed
weapon
licensing board county clerk to provide him or her with the
application kit shall be awarded his or her actual and reasonable
costs and attorney fees for obtaining the order.
(4) The department of state police shall provide the
application
kits required under this section to county sheriffs,
local
law enforcement agencies, and county
clerks in sufficient
quantities
to meet demand. electronic
format. The department of
state police shall not charge a fee for the kits.
Sec.
5a. (1) Each county shall have a concealed weapon
licensing
board. The concealed weapon licensing board of each
county
shall have the following members:
(a)
The county prosecuting attorney or his or her designee.
However,
if the county prosecuting attorney decides that he or she
does
not want to be a member of the concealed weapon licensing
board,
he or she shall notify the county board of commissioners in
writing
that he or she does not want to be a member of the
concealed
weapon licensing board for the balance of his or her term
in
office. The county board of commissioners shall then appoint a
replacement
for the prosecuting attorney who is a firearms
instructor
who has the qualifications prescribed in section
5j(1)(c).
The person who replaces the prosecuting attorney shall
serve
on the concealed weapon licensing board in place of the
prosecuting
attorney for the remaining term of the county
prosecuting
attorney unless removed for cause by the county board
of
commissioners. If a vacancy occurs on the concealed weapon
licensing
board of the person appointed pursuant to this section
during
the term of office of the county prosecuting attorney, the
county
board of commissioners shall appoint a replacement person
who
is a firearms instructor who has the qualifications prescribed
in
section 5j(1)(c).
(b)
The county sheriff or his or her designee.
(c)
The director of the department of state police or his or
her
designee.
(2)
If a prosecuting attorney chooses not to be a member of
the
concealed weapon licensing board, all of the following apply:
(a)
The prosecuting attorney shall be notified of all
applications
received by the concealed weapon licensing board.
(b)
The prosecuting attorney shall be given an opportunity to
object
to granting a license to carry a concealed pistol and
present
evidence bearing directly on an applicant's suitability to
carry
a concealed pistol safely.
(c)
The prosecuting attorney shall disclose to the concealed
weapon
licensing board any information of which he or she has
actual
knowledge that bears directly on an applicant's suitability
to
carry a concealed pistol safely.
(3)
The county prosecuting attorney or his or her designee
shall
serve as chairperson of the board unless the prosecuting
attorney
does not want to be a member of the concealed weapon
licensing
board, in which case the concealed weapon licensing board
shall
elect its chairperson. Two members of the concealed weapon
licensing
board constitute a quorum of the concealed weapon
licensing
board. The business of the concealed weapon licensing
board
shall be conducted by a majority vote of all of the members
of
the concealed weapon licensing board.
(1) Beginning July 1, 2015, the county concealed weapon
licensing boards are eliminated. Each county concealed weapon
licensing board shall transfer all license applications and
official documents in its possession to the county clerk of the
county in which the board is located no later than 12 midnight June
30, 2015. All pending applications remain in place, and the county
clerk shall process those applications as provided in this act. If
an applicant has an initial or renewal application that has been
pending for 45 days or more on July 1, 2015, that applicant may
request a receipt from the county clerk that meets the requirements
of section 5b(9) or 5l(3). The county clerk shall issue that receipt
in person or by first-class mail. The county clerk shall not charge
any additional fee for receiving or processing an application
previously submitted to the county concealed weapon licensing
board, except as otherwise provided in this act. A license to carry
a concealed pistol issued by a concealed weapon licensing board
before 12 midnight June 30, 2015 is valid and remains in effect
until the expiration of that license or as otherwise provided by
law.
(2) (4)
The county clerk shall serve as
the clerk of the
concealed
weapon licensing board.is responsible
for all of the
following:
(a) Storing and maintaining all records related to issuing a
license or notice of statutory disqualification in that county.
(b) Issuing licenses to carry a concealed pistol.
(c) Issuing notices of statutory disqualification, notices of
suspensions, and notices of revocations.
(5)
Except as otherwise provided in this act, the concealed
weapon
licensing board has exclusive authority to issue, deny,
revoke,
or suspend a license to carry a concealed pistol. The
concealed
weapon licensing board shall perform other duties as
provided
by law.
(6)
The concealed weapon licensing board may convene not more
than
3 panels to assist the board in evaluating applicants. The
panels
shall be composed of representatives as prescribed in
subsection
(1). The panels do not have the authority to issue,
deny,
revoke, or suspend a license.
(3) (7)
The concealed weapon licensing
board may department of
state police shall investigate the applicant for a license to carry
a concealed pistol. The investigation shall be restricted to
determining only whether the applicant is eligible under this act
to receive a license to carry a concealed pistol, and the
investigation regarding the issuance of a license shall end after
that
determination is made. The concealed weapon licensing board
may
require the applicant to appear before the board at a mutually
agreed-upon
time for a conference. The applicant's failure or
refusal
to appear without valid reason before the concealed weapon
licensing
board as provided in this subsection is grounds for the
board
to deny issuance of a license to carry a concealed pistol to
that
applicant.
(4) (8)
If the concealed weapon
licensing board a court
determines that an applicant is a petitioner for a personal
protection order issued under section 2950 or 2950a of the revised
judicature act of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a,
and that there is probable cause to believe the safety of the
applicant or the safety of a member of the applicant's family is
endangered by the applicant's inability to immediately obtain a
license
to carry a concealed pistol, the concealed weapon licensing
board
court may, pending issuance of a license, immediately order
the county clerk to issue a temporary license to the individual to
carry a concealed pistol in person. A temporary license shall be on
a form provided by the department of state police. A county clerk
may charge a fee not to exceed $10.00 for a temporary license. A
temporary
license shall be is unrestricted and shall be is valid
for
not more than 180 days. A temporary license may be renewed for
1
additional period of not more than 180 days. A until the county
clerk issues a license or a notice of statutory disqualification.
Except as otherwise provided in this act, a temporary license is,
for all other purposes of this act, a license to carry a concealed
pistol. When a county clerk issues a license to carry a concealed
pistol or a notice of statutory disqualification to an applicant
who received a temporary license under this section, the applicant
shall immediately surrender the temporary license to the county
clerk by mail or in person.
(5) (9)
The legislative service bureau
shall compile the
firearms laws of this state, including laws that apply to carrying
a concealed pistol, and shall provide copies of the compilation in
an
electronic format to each concealed
weapon licensing board in
this
state for distribution under this subsection. A concealed
weapon
licensing board the
department of state police. The
department of state police shall provide a copy of the compiled
laws to each county clerk in this state together with information
regarding the rights and responsibilities of applicants, license
holders, county clerks, and the department of state police under
this act. The department of state police shall also provide forms
to appeal any notice of statutory disqualification, or suspension
or revocation of a license under this act. The department of state
police shall distribute copies of the compilation, information, and
forms required under this subsection in electronic format to each
county clerk. The county clerk shall distribute a copy of the
compilation, information, and forms at no charge to each individual
who applies for a license to carry a concealed pistol at the time
the
application is submitted. The concealed weapon licensing board
county clerk shall require the applicant to sign a written
statement acknowledging that he or she has received a copy of the
compilation, information, and forms provided under this subsection.
An individual is not eligible to receive a license to carry a
concealed pistol until he or she has signed the statement.
Sec. 5b. (1) To obtain a license to carry a concealed pistol,
an
individual shall apply to the concealed weapon licensing board
county clerk in the county in which that individual resides. The
application
applicant shall be filed file the application with
the
county clerk in the county in which the applicant resides during
the county clerk's normal business hours. The application shall be
on a form provided by the director of the department of state
police and shall allow the applicant to designate whether the
applicant seeks a temporary license. The application shall be
signed under oath by the applicant. The oath shall be administered
by the county clerk or his or her representative. The application
shall
contain all of the following: information:
(a) The applicant's legal name and date of birth and the
address of his or her primary residence. If the applicant resides
in a city, village, or township that has a police department, the
name of the police department. Information received under this
subdivision is confidential, is not subject to disclosure under the
freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and
shall not be disclosed to any person except for purposes of this
act or for law enforcement purposes.
(b) A statement by the applicant that the applicant meets the
criteria for a license under this act to carry a concealed pistol.
(c)
A statement by the applicant authorizing the concealed
weapon
licensing board department of
state police to access any
record, including any medical record, pertaining to the applicant's
qualifications for a license to carry a concealed pistol under this
act subject to state and federal law. The applicant may request
that
information received by the concealed weapon licensing board
under
this subdivision be reviewed in a closed session. If the
applicant
requests that the session be closed, the concealed weapon
licensing
board shall close the session only for purposes of this
subdivision.
The applicant and his or her representative have the
right
to be present in the closed session. Medical
records and
personal
identifying information received by the concealed weapon
licensing
board department of state
police under this subdivision
is confidential, is not subject to disclosure under the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246, and shall not
be disclosed to any person except for purposes of this act or for
law enforcement purposes or if the applicant is convicted of a
felony involving a pistol.
(d) A statement by the applicant regarding whether he or she
has a history of mental illness that would disqualify him or her
under subsection (7)(j) to (l) from receiving a license to carry a
concealed
pistol, and authorizing the concealed weapon licensing
board
department of state police to access the mental health
records of the applicant relating to his or her mental health
history subject to state and federal law. The applicant may request
that
information received by the concealed weapon licensing board
under
this subdivision be reviewed in a closed session. If the
applicant
requests that the session be closed, the concealed weapon
licensing
board shall close the session only for purposes of this
subdivision.
The applicant and his or her representative have the
right
to be present in the closed session. Medical
records and
personal
identifying information received by the concealed weapon
licensing
board department of state
police under this subdivision
is confidential, is not subject to disclosure under the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246, and shall not
be disclosed to any person except for purposes of this act or for
law enforcement purposes.
(e) A statement by the applicant regarding whether he or she
has ever been convicted in this state or elsewhere for any of the
following:
(i) Any felony.
(ii) A misdemeanor listed under subsection (7)(h) or (i), if
the
applicant was convicted of violating that misdemeanor in the 8
years immediately preceding the date of the application.
(f) A statement by the applicant whether he or she has been
dishonorably discharged from the United States armed forces.
(g) If the applicant seeks a temporary license, the facts
supporting the issuance of that temporary license.
(h)
The names, residential addresses, and telephone numbers of
2
individuals who are references for the applicant. Information
received
under this subdivision is confidential, is not subject to
disclosure
under the freedom of information act, 1976 PA 442, MCL
15.231
to 15.246, and shall not be disclosed to any person except
for
purposes of this act or for law enforcement purposes.
(h) (i)
A passport-quality photograph of
the applicant
provided
by the applicant at the time of application.or, if the
applicant does not provide his or her own passport-quality
photograph, a photograph of the applicant taken by the county clerk
at no charge or for a reasonable fee. The county clerk shall not
require the applicant to have his or her photograph taken by the
county clerk or by any other specific office or vendor if the
applicant provides his or her own photograph that complies with the
requirement of this subdivision unless the county clerk does not
charge a fee or the fee is included in the fee authorized under
section 5c(1).
(i) A signature of the applicant obtained by the county clerk
at the time of application for use on his or her license to carry a
concealed pistol or as otherwise required.
(j) A certificate stating that the applicant has completed the
training course prescribed by this act.
(2) The county clerk shall not require the applicant to submit
any additional forms, documents, letters, or other evidence of
eligibility for obtaining a license to carry a concealed pistol
except as set forth in subsection (1) or as otherwise provided for
in this act. An applicant may voluntarily submit additional
documentation if he or she chooses to do so at his or her own
initiative to verify eligibility for a concealed pistol license or
to address potential disqualifying information that may arise
during the investigation by the department of state police. The
application form shall contain a conspicuous warning that the
application is executed under oath and that intentionally making a
material false statement on the application is a felony punishable
by imprisonment for not more than 4 years or a fine of not more
than $2,500.00, or both.
(3) An individual who intentionally makes a material false
statement on an application under subsection (1) is guilty of a
felony punishable by imprisonment for not more than 4 years or a
fine of not more than $2,500.00, or both.
(4)
The concealed weapon licensing board county clerk shall
retain a copy of each application for a license to carry a
concealed pistol as an official record. One year after the
expiration of a concealed pistol license, the county clerk may
destroy the record and maintain only a name index of the record.
(5)
Each applicant shall pay a nonrefundable an application
and
licensing fee of $105.00 $90.00 by
any method of payment
accepted by that county for payments of other fees and penalties.
Except
for a local police agency as provided in subsection (9), a
unit
of local government, an agency of a unit of local government,
or
an agency or department of this state shall not charge an
additional
fee, assessment, or other amount in connection with a
license
under this section no other
charge, fee, cost, or
assessment, including any local charge, fee, cost, or assessment,
is required of the applicant except as specifically authorized in
this act. The application and licensing fee shall be payable to the
county.
The county treasurer shall deposit $41.00 $26.00 of each
application and licensing fee collected under this section in the
general
fund of the county and credit $26.00 of that deposit to the
credit
of the county clerk and $15.00 of that deposit to the credit
of
the county sheriff and concealed
pistol licensing fund created
in section 5x. The county treasurer shall forward the balance
remaining to the state treasurer. The state treasurer shall deposit
the balance of the fee in the general fund to the credit of the
department of state police. The department of state police shall
use the money received under this act to process the fingerprints
and to reimburse the federal bureau of investigation for the costs
associated with processing fingerprints submitted under this act.
The balance of the money received under this act shall be credited
to the department of state police.
(6)
The county sheriff on behalf of the concealed weapon
licensing
board shall verify the requirements of subsection (7)(d),
(e),
(f), (h), (i), (j), (k), (l), and
(m) through the law
enforcement
information network and The
department of state police
shall verify the requirements of subsection (7)(d), (e), (f), (h),
(i), (j), (k), (l), and (m) through the law enforcement information
network
and shall report his or her finding
to the concealed weapon
licensing
board. If the applicant resides in a city, village, or
township
that has a police department, the concealed weapon
licensing
board shall contact that city, village, or township
police
department to determine only whether that city, village, or
township
police department has any information relevant to the
investigation
of whether the applicant is eligible under this act
to
receive a license to carry a concealed pistol. The concealed
weapon
licensing board may require a person claiming active duty
status
with the United States armed forces under this section to
provide
proof of 1 or both of the following:
(a)
The person's home of record.
(b)
Permanent active duty assignment in this state.to the
county clerk all statutory disqualifications, if any, under this
act that apply to an applicant.
(7)
The concealed weapon licensing board county clerk shall
issue and shall send a license to an applicant to carry a concealed
pistol
within the period required under this act after the
applicant
properly submits an application under subsection (1) and
if
the concealed weapon licensing board
county clerk determines
that all of the following circumstances exist:
(a) The applicant is 21 years of age or older.
(b) The applicant is a citizen of the United States or is an
alien lawfully admitted into the United States, is a legal resident
of this state, and has resided in this state for not less than the
6
months immediately preceding the date of application. The
concealed
weapon licensing board A
court may waive the 6-month
residency
requirement for a temporary license under section 5a(8)
5a(4)
if the concealed weapon licensing
board court determines that
an applicant is a petitioner for a personal protection order issued
under section 2950 or 2950a of the revised judicature act of 1961,
1961 PA 236, MCL 600.2950 and 600.2950a, and that there is probable
cause to believe the safety of the applicant or the safety of a
member of the applicant's family is endangered by the applicant's
inability to immediately obtain a license to carry a concealed
pistol. If the applicant holds a valid concealed pistol license
issued by another state at the time the applicant's residency in
this
state is established, the concealed weapon licensing board may
county clerk shall waive the 6-month waiting period and the
applicant may apply for a concealed pistol license at the time the
applicant's
residency in this state is established. The concealed
weapon
licensing board shall immediately issue a temporary license
to
that applicant. The temporary license shall be valid until the
concealed
weapon licensing board decides whether to grant or deny
the
application. For the purposes of
this section, a person shall
be
is considered a legal resident of this state if any of
the
following apply:
(i) The person has a valid, lawfully obtained Michigan driver
license issued under the Michigan vehicle code, 1949 PA 300, MCL
257.1 to 257.923, or official state personal identification card
issued under 1972 PA 222, MCL 28.291 to 28.300.
(ii) The person is lawfully registered to vote in this state.
(iii) The person is on active duty status with the United States
armed forces and is stationed outside of this state, but the
person's home of record is in this state.
(iv) The person is on active duty status with the United States
armed forces and is permanently stationed in this state, but the
person's home of record is in another state.
(c) The applicant has knowledge and has had training in the
safe use and handling of a pistol by the successful completion of a
pistol safety training course or class that meets the requirements
of section 5j, and that is available to the general public and
presented by a law enforcement agency, junior or community college,
college, or public or private institution or organization or
firearms training school.
(d) The applicant is not the subject of an order or
disposition under any of the following:
(i) Section 464a of the mental health code, 1974 PA 258, MCL
330.1464a.
(ii) Section 5107 of the estates and protected individuals
code, 1998 PA 386, MCL 700.5107.
(iii) Sections 2950 and 2950a of the revised judicature act of
1961, 1961 PA 236, MCL 600.2950 and 600.2950a, if that order
includes a restriction that the applicant is not allowed to
purchase or possess a firearm.
(iv) Section 6b of chapter V of the code of criminal procedure,
1927 PA 175, MCL 765.6b, if the order has a condition imposed
pursuant
to under section 6b(3) of chapter V of the code of
criminal procedure, 1927 PA 175, MCL 765.6b.
(v) Section 16b of chapter IX of the code of criminal
procedure, 1927 PA 175, MCL 769.16b.
(e) The applicant is not prohibited from possessing, using,
transporting, selling, purchasing, carrying, shipping, receiving,
or distributing a firearm under section 224f of the Michigan penal
code, 1931 PA 328, MCL 750.224f.
(f) The applicant has never been convicted of a felony in this
state or elsewhere, and a felony charge against the applicant is
not pending in this state or elsewhere at the time he or she
applies for a license described in this section.
(g) The applicant has not been dishonorably discharged from
the United States armed forces.
(h) The applicant has not been convicted of a misdemeanor
violation of any of the following in the 8 years immediately
preceding the date of application:
(i) Section 617a of the Michigan vehicle code, 1949 PA
300, MCL
257.617a
(failing to stop when involved in a personal injury
accident).
(ii) Section 625 of the Michigan vehicle code, 1949 PA
300, MCL
257.625,
punishable as provided in subsection (9)(b) of that
section
(operating while intoxicated, second offense).
(iii) Section 625m of the Michigan vehicle code, 1949 PA
300,
MCL
257.625m punishable under subsection (4) of that section
(operating
a commercial vehicle with alcohol content, second
offense).
(iv) Section 626 of the Michigan vehicle code, 1949 PA
300, MCL
257.626
(reckless driving).
(v) Section 904(1) of the Michigan vehicle code, 1949
PA 300,
MCL
257.904 (operating while license suspended or revoked),
punishable
as a second or subsequent offense.
(i) Section 617a (failing to stop when involved in a personal
injury accident), section 625(9)(b) (operating while intoxicated,
second offense), section 625m(4) (operating a commercial vehicle
with alcohol content, second offense), a second or subsequent
violation of section 626(2) (reckless driving), or a violation of
section 904(1) (operating while license suspended or revoked,
second or subsequent offense) of the Michigan vehicle code, 1949 PA
300, MCL 257.617a, 257.625, 257.625m, 257.626, and 257.904.
(ii) (vi) Section
185 185(7) of the aeronautics code of the
state of Michigan, 1945 PA 327, MCL 259.185 (operating aircraft
while under the influence of intoxicating liquor or a controlled
substance with prior conviction).
(iii) (vii) Section
29 of the weights and measures act, 1964 PA
283, MCL 290.629 (hindering or obstructing certain persons
performing official weights and measures duties).
(iv) (viii) Section
10 of the motor fuels quality act, 1984 PA
44, MCL 290.650 (hindering, obstructing, assaulting, or committing
bodily injury upon director or authorized representative).
(ix) Section 81134 of the natural resources and
environmental
protection
act, 1994 PA 451, MCL 324.81134, punishable under
subsection
(5) or (6) of that section (operating ORV under the
influence
of intoxicating liquor or a controlled substance, second
or
subsequent offense).
(x) Section 82127 of the natural resources and
environmental
protection
act, 1994 PA 451, MCL 324.82127 (operating a snowmobile
under
the influence of intoxicating liquor or a controlled
substance),
punishable as a second or subsequent offense under
section
82128(1)(b) or (c) of the natural resources and
environmental
protection act, 1994 PA 451, MCL 324.82128.
(xi) Section 80176 of the natural resources and environmental
protection
act, 1994 PA 451, MCL 324.80176, and punishable under
section
80177(1)(b) (operating vessel under the influence of
intoxicating
liquor or a controlled substance, second or subsequent
offense).
(v) Section 80176 as punishable under section 80177(1)(b)
(operating vessel under the influence of intoxicating liquor or a
controlled substance, second offense), section 81134(5) (operating
ORV under the influence of intoxicating liquor or a controlled
substance, second or subsequent offense), or section 82127 as
punishable under section 82128(1)(b) (operating snowmobile under
the influence of intoxicating liquor or a controlled substance,
second offense) of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.80176, 324.80177, 324.81134,
324.82127, and 324.82128.
(vi) (xii) Section
7403 of the public health code, 1978 PA 368,
MCL 333.7403 (possession of controlled substance, controlled
substance analogue, or prescription form).
(vii) (xiii) Section
353 of the railroad code of 1993, 1993 PA
354,
MCL 462.353, (operating locomotive under the influence of
intoxicating
liquor or a controlled substance, or while visibly
impaired),
punishable under subsection (4) of
that section
(operating locomotive under the influence of intoxicating liquor or
a controlled substance, or while visibly impaired, second offense).
(viii) (xiv) Section
7 of 1978 PA 33, MCL 722.677 (displaying
sexually explicit matter to minors).
(xv) Section 81 of the Michigan penal code, 1931 PA
328, MCL
750.81
(assault or domestic assault).
(xvi) Section 81a(1) or (2) of the Michigan penal code,
1931 PA
328,
MCL 750.81a (aggravated assault or aggravated domestic
assault).
(xvii) Section 115 of the Michigan penal code, 1931 PA
328, MCL
750.115
(breaking and entering or entering without breaking).
(xviii) Section 136b(6) of the Michigan penal code, 1931
PA 328,
MCL
750.136b (fourth degree child abuse).
(xix) Section 145a of the Michigan penal code, 1931 PA
328, MCL
750.145a
(accosting, enticing, or soliciting a child for immoral
purposes).
(xx) Section 145n of the Michigan penal code, 1931 PA
328, MCL
750.145n
(vulnerable adult abuse).
(xxi) Section 157b(3)(b) of the Michigan penal code, 1931
PA
328,
MCL 750.157b (solicitation to commit a felony).
(xxii) Section 215 of the Michigan penal code, 1931 PA
328, MCL
750.215
(impersonating peace officer or medical examiner).
(xxiii) Section 223 of the Michigan penal code, 1931 PA
328, MCL
750.223
(illegal sale of a firearm or ammunition).
(xxiv) Section 224d of the Michigan penal code, 1931 PA
328,
MCL
750.224d (illegal use or sale of a self-defense spray).
(xxv) Section 226a of the Michigan penal code, 1931 PA
328, MCL
750.226a
(sale or possession of a switchblade).
(xxvi) Section 227c of the Michigan penal code, 1931 PA
328,
MCL
750.227c (improper transportation of a loaded firearm).
(xxvii) Section 228 of the Michigan penal code, 1931 PA
328, MCL
750.228
(failure to have a pistol inspected).
(xxviii) Section 229 of the Michigan penal code, 1931 PA
328,
MCL
750.229 (accepting a pistol in pawn).
(xxix) Section 232 of the Michigan penal code, 1931 PA
328, MCL
750.232
(failure to register the purchase of a firearm or a firearm
component).
(xxx) Section 232a of the Michigan penal code, 1931 PA
328, MCL
750.232a
(improperly obtaining a pistol, making a false statement
on
an application to purchase a pistol, or using false
identification
to purchase a pistol).
(xxxi) Section 233 of the Michigan penal code, 1931 PA
328, MCL
750.233
(intentionally aiming a firearm without malice).
(xxxii) Section 234 of the Michigan penal code, 1931 PA
328, MCL
750.234
(intentionally discharging a firearm aimed without malice).
(xxxiii) Section 234d of the Michigan penal code, 1931 PA
328,
MCL
750.234d (possessing a firearm on prohibited premises).
(xxxiv) Section 234e of the Michigan penal code, 1931 PA
328,
MCL
750.234e (brandishing a firearm in public).
(xxxv) Section 234f of the Michigan penal code, 1931 PA
328,
MCL
750.234f (possession of a firearm by an individual less than 18
years
of age).
(xxxvi) Section 235 of the Michigan penal code, 1931 PA
328, MCL
750.235
(intentionally discharging a firearm aimed without malice
causing
injury).
(xxxvii) Section 235a of the Michigan penal code, 1931 PA
328,
MCL
750.235a (parent of a minor who possessed a firearm in a weapon
free
school zone).
(xxxviii) Section 236 of the Michigan penal code, 1931 PA
328,
MCL
750.236 (setting a spring gun or other device).
(xxxix) Section 237 of the Michigan penal code, 1931 PA
328, MCL
750.237
(possessing a firearm while under the influence of
intoxicating
liquor or a drug).
(xl) Section 237a of the Michigan penal code, 1931 PA
328, MCL
750.237a
(weapon free school zone violation).
(xli) Section 335a of the Michigan penal code, 1931 PA
328, MCL
750.335a
(indecent exposure).
(xlii) Section 411h of the Michigan penal code, 1931 PA
328, MCL
750.411h
(stalking).
(xliii) Section 520e of the Michigan penal code, 1931 PA
328, MCL
750.520e
(fourth degree criminal sexual conduct).
(xliv) Section 1 of 1952 PA 45, MCL 752.861 (reckless,
careless,
or
negligent use of a firearm resulting in injury or death).
(xlv) Section 2 of 1952 PA 45, MCL 752.862 (careless,
reckless,
or
negligent use of a firearm resulting in property damage).
(xlvi) Section 3a of 1952 PA 45, MCL 752.863a (reckless
discharge
of a firearm).
(ix) Section 81 (assault or domestic assault), section 81a(1)
or (2) (aggravated assault or aggravated domestic assault), section
115 (breaking and entering or entering without breaking), section
136b(8) (fourth degree child abuse), section 145n (vulnerable adult
abuse), section 157b(3)(b) (solicitation to commit a felony),
section 215 (impersonating peace officer or medical examiner),
section 223 (illegal sale of a firearm or ammunition), section 224d
(illegal use or sale of a self-defense spray), section 226a (sale
or possession of a switchblade), section 227c (improper
transportation of a loaded firearm), section 229 (accepting a
pistol in pawn), section 232 (failure to register the purchase of a
firearm or a firearm component), section 232a (improperly obtaining
a pistol, making a false statement on an application to purchase a
pistol, or using false identification to purchase a pistol),
section 233 (intentionally aiming a firearm without malice),
section 234 (intentionally discharging a firearm aimed without
malice), section 234d (possessing a firearm on prohibited
premises), section 234e (brandishing a firearm in public), section
234f (possession of a firearm by an individual less than 18 years
of age), section 235 (intentionally discharging a firearm aimed
without malice causing injury), section 235a (parent of a minor who
possessed a firearm in a weapon free school zone), section 236
(setting a spring gun or other device), section 237 (possessing a
firearm while under the influence of intoxicating liquor or a
controlled substance), section 237a (weapon free school zone
violation), section 335a (indecent exposure), section 411h
(stalking), or section 520e (fourth degree criminal sexual conduct)
of the Michigan penal code, 1931 PA 328, MCL 750.81, 750.81a,
750.115, 750.136b, 750.145n, 750.157b, 750.215, 750.223, 750.224d,
750.226a, 750.227c, 750.229, 750.232, 750.232a, 750.233, 750.234,
750.234d, 750.234e, 750.234f, 750.235, 750.235a, 750.236, 750.237,
750.237a, 750.335a, 750.411h, and 750.520e.
(x) Former section 228 of the Michigan penal code, 1931 PA
328.
(xi) Section 1 (reckless, careless, or negligent use of a
firearm resulting in injury or death), section 2 (careless,
reckless, or negligent use of a firearm resulting in property
damage), or section 3a (reckless discharge of a firearm) of 1952 PA
45, MCL 752.861, 752.862, and 752.863a.
(xii) (xlvii) A
violation of a law of the United States, another
state, or a local unit of government of this state or another state
substantially corresponding to a violation described in
subparagraphs
(i) to (xlvi).(xi).
(i) The applicant has not been convicted of a misdemeanor
violation of any of the following in the 3 years immediately
preceding the date of application unless the misdemeanor violation
is listed under subdivision (h):
(i) Section 625 of the Michigan vehicle code, 1949 PA
300, MCL
257.625
(operating under the influence).
(ii) Section 625a of the Michigan vehicle code, 1949 PA
300,
MCL
257.625a (refusal of commercial vehicle operator to submit to a
chemical
test).
(iii) Section 625k of the Michigan vehicle code, 1949 PA
300,
MCL
257.625k (ignition interlock device reporting violation).
(iv) Section 625l of the Michigan vehicle code, 1949 PA 300,
MCL
257.625l
(circumventing an ignition interlocking device).
(v) Section 625m of the Michigan vehicle code, 1949 PA
300,
MCL
257.625m, punishable under subsection (3) of that section
(operating
a commercial vehicle with alcohol content).
(i) Section 625 (operating under the influence), section 625a
(refusal of commercial vehicle operator to submit to a chemical
test), section 625k (ignition interlock device reporting
violation), section 625l (circumventing an ignition interlock
device), or section 625m(3) (operating a commercial vehicle with
alcohol content) of the Michigan vehicle code, 1949 PA 300, MCL
257.625, 257.625a, 257.625k, 257.625l, and 257.625m.
(ii) (vi) Section
185 of the aeronautics code of the state of
Michigan, 1945 PA 327, MCL 259.185 (operating aircraft under the
influence).
(vii) Section 81134 of the natural resources and
environmental
protection
act, 1994 PA 451, MCL 324.81134 (operating ORV under the
influence).
(viii) Section 81135 of the natural resources and
environmental
protection
act, 1994 PA 451, MCL 324.81135 (operating ORV while
visibly
impaired).
(ix) Section 82127 of the natural resources and
environmental
protection
act, 1994 PA 451, MCL 324.82127 (operating a snowmobile
under
the influence).
(iii) Section 81134 (operating ORV under the influence), section
81135 (operating ORV while visibly impaired), or section 82127
(operating a snowmobile under the influence) of the natural
resources and environmental protection act, 1994 PA 451, MCL
324.81134, 324.81135, and 324.82127.
(iv) (x) Part
74 of the public health code, 1978 PA 368, MCL
333.7401 to 333.7461 (controlled substance violation).
(v) (xi) Section
353 of the railroad code of 1993, 1993 PA 354,
MCL
462.353, (operating locomotive under the influence), punishable
under subsection (3) of that section (operating locomotive under
the influence).
(xii) Section 167 of the Michigan penal code, 1931 PA
328, MCL
750.167
(disorderly person).
(xiii) Section 174 of the Michigan penal code, 1931 PA
328, MCL
750.174
(embezzlement).
(xiv) Section 218 of the Michigan penal code, 1931 PA
328, MCL
750.218
(false pretenses with intent to defraud).
(xv) Section 356 of the Michigan penal code, 1931 PA
328, MCL
750.356
(larceny).
(xvi) Section 356d of the Michigan penal code, 1931 PA
328, MCL
750.356d
(second degree retail fraud).
(xvii) Section 359 of the Michigan penal code, 1931 PA
328, MCL
750.359
(larceny- vacant building).
(xviii) Section 362 of the Michigan penal code, 1931 PA
328, MCL
750.362
(larceny by conversion).
(xix) Section 362a of the Michigan penal code, 1931 PA
328, MCL
750.362a
(larceny-defrauding lessor).
(xx) Section 377a of the Michigan penal code, 1931 PA
328, MCL
750.377a
(malicious destruction of property).
(xxi) Section 380 of the Michigan penal code, 1931 PA
328, MCL
750.380
(malicious destruction of real property).
(xxii) Section 535 of the Michigan penal code, 1931 PA
328, MCL
750.535
(receiving stolen property).
(xxiii) Section 540e of the Michigan penal code, 1931 PA
328,
MCL
750.540e (malicious use of telephones).
(vi) A second or subsequent violation of section 167
(disorderly person), or a violation of section 174 (embezzlement),
section 218 (false pretenses with intent to defraud), section 356
(larceny), section 356d(2) (second degree retail fraud), section
359 (larceny from a vacant building or structure), section 362
(larceny by conversion), section 362a (larceny – defrauding
lessor), section 377a (malicious destruction of property), section
380 (malicious destruction of real property), section 535
(receiving or concealing stolen property), or section 540e
(malicious use of telecommunications service or device) of the
Michigan penal code, 1931 PA 328, MCL 750.167, 750.174, 750.218,
750.356, 750.356d, 750.359, 750.362, 750.362a, 750.377a, 750.380,
750.535, and 750.540e.
(vii) (xxiv) A
violation of a law of the United States, another
state, or a local unit of government of this state or another state
substantially corresponding to a violation described in
subparagraphs
(i) to (xxiii).(vi).
(j) The applicant has not been found guilty but mentally ill
of any crime and has not offered a plea of not guilty of, or been
acquitted of, any crime by reason of insanity.
(k) The applicant has never been subject to an order of
involuntary commitment in an inpatient or outpatient setting due to
mental illness.
(l) The applicant does not have a diagnosed diagnosis of mental
illness that includes an assessment that the individual presents a
danger to himself or herself or to another at the time the
application is made, regardless of whether he or she is receiving
treatment for that illness.
(m) The applicant is not under a court order of legal
incapacity in this state or elsewhere.
(n)
Issuing a license to the applicant to carry a concealed
pistol
in this state is not detrimental to the safety of the
applicant
or to any other individual. A determination under this
subdivision
shall be based on clear and convincing evidence of
repeated
violations of this act, crimes, personal protection orders
or
injunctions, or police reports or other clear and convincing
evidence
of the actions of, or statements of, the applicant that
bear
directly on the applicant's ability to carry a concealed
pistol.
(8) Upon entry of a court order or conviction of 1 of the
enumerated prohibitions for using, transporting, selling,
purchasing, carrying, shipping, receiving or distributing a firearm
in this section the department of state police shall immediately
enter the order or conviction into the law enforcement information
network. For purposes of this act, information of the court order
or conviction shall not be removed from the law enforcement
information network, but may be moved to a separate file intended
for
the use of the county concealed weapon licensing boards,
department of state police, the courts, and other government
entities as necessary and exclusively to determine eligibility to
be licensed under this act.
(9) An individual, after submitting an application and paying
the
fee prescribed under subsection (5), shall request and have
that classifiable fingerprints be taken by the county clerk,
department
of state police, county sheriff, or
a local police
agency, if
or other entity that local police agency maintains
fingerprinting capability. If the individual requests that
classifiable fingerprints be taken by the county clerk, department
of state police, county sheriff, a local police agency, or other
entity,
the individual shall also pay to
that local police agency a
fee
of $15.00 by any method of payment accepted by the unit of
local
government for payments of other
fees and penalties. The
county
clerk, department of state police, county
sheriff, or local
police agency, or other entity shall take the fingerprints within 5
business days after the request. County clerks, the department of
state police, county sheriffs, local police agencies, and other
entities that maintain fingerprinting capability shall provide
reasonable access to fingerprinting services during normal business
hours as is necessary to comply with the requirements of this act.
The entity providing fingerprinting services shall issue the
applicant a receipt at the time his or her fingerprints are taken.
The receipt shall contain all of the following:
(a) The name of the applicant.
(b) The date and time the receipt is issued.
(c) The amount paid.
(d) The name of the entity providing the fingerprint services.
(e) The statement "This receipt was issued for the purpose of
applying for a concealed pistol license. As provided in section 5b
of 1927 PA 372, MCL 28.425b, if a license or notice of statutory
disqualification is not issued within 45 days after the date this
receipt was issued, this receipt shall serve as a concealed pistol
license for the individual named in the receipt when carried with
an official state-issued identification. The receipt is valid as a
license until a license or notice of statutory disqualification is
issued by the county clerk. This receipt does not exempt the
individual named in the receipt from complying with all applicable
laws for the purchase of firearms.".
(10)
The fingerprints shall be taken, under subsection (9), on
forms
and in a manner prescribed by the
department of state police.
The fingerprints taken by a county clerk, county sheriff, local
police agency, or other entity shall be immediately forwarded to
the department of state police for comparison with fingerprints
already on file with the department of state police. The department
of state police shall immediately forward the fingerprints to the
federal
bureau of investigation. Within 10 days after receiving a
report
of the fingerprints from the federal bureau of
investigation,
the department of state police shall provide a copy
to
the submitting sheriff's department or local police agency as
appropriate
and the clerk of the appropriate concealed weapon
licensing
board. If an individual's
fingerprints are not
classifiable by the federal bureau of investigation, the department
of state police shall immediately request a report based on the
individual's name, date of birth, and other identifying
information. Within 5 business days of completing the verification
under subsection (6), the department shall send the county clerk a
list of an applicant's statutory disqualifications under this act.
Except
as provided in subsection (14), the concealed weapon
licensing
board county clerk shall not issue a concealed pistol
license
until it he or she receives the fingerprint comparison
report of statutory disqualifications prescribed in this
subsection.
The concealed weapon licensing board may deny a license
if
an individual's fingerprints are not classifiable by the federal
bureau
of investigation.
(11)
The concealed weapon licensing board county clerk shall
deny
a license send a notice of
statutory disqualification for a
license
under this act to an applicant to
carry a concealed pistol
if the applicant is not qualified under subsection (7) to receive
that license.
(12) A license to carry a concealed pistol that is issued
based upon an application that contains a material false statement
is void from the date the license is issued.
(13)
Subject to subsections (10) and (14), the concealed
weapon
licensing board department of
state police shall complete
the verification required under subsection (6) and the county clerk
shall
issue or deny issuance of a license or a notice of statutory
disqualification
within 45 days after the concealed
weapon
licensing
board receives the fingerprint comparison report provided
under
subsection (10). date the
applicant has classifiable
fingerprints
taken under subsection (9). If the concealed
weapon
licensing
board denies issuance of a license to carry a concealed
pistol,
county clerk issues a notice
of statutory disqualification,
the
concealed weapon licensing board county clerk shall within 5
business
days do both all of the following:
(a) Inform the applicant in writing of the reasons for the
denial.
disqualification. Information under this subdivision shall
include all of the following:
(i) A statement of the specific and articulable
facts
supporting
the denial.each statutory
disqualification identified.
(ii) Copies of any writings, photographs, records,
or other
documentary
evidence upon which the denial is based.The source of
the record for each statutory disqualification identified.
(b) Inform the applicant in writing of his or her right to
appeal
the denial notice of
statutory disqualification to the
circuit court as provided in section 5d.
(c) Inform the applicant of the process for correcting any
errors identified in the statutory disqualification.
(14)
If the fingerprint comparison report is not received by
the
concealed weapon licensing board within 60 days after the
fingerprint
report is forwarded to the department of state police
by
the federal bureau of investigation, the concealed weapon
licensing
board shall issue a temporary license to carry a
concealed
pistol to the applicant if the applicant is otherwise
qualified
for a license. A temporary license issued under this
section
is valid for 180 days or until the concealed weapon
licensing
board receives the fingerprint comparison report provided
under
subsection (10) and issues or denies issuance of a license to
carry
a concealed pistol as otherwise provided under this act. Upon
issuance
or the denial of issuance of the license to carry a
concealed
pistol to an applicant who received a temporary license
under
this section, the applicant shall immediately surrender the
temporary
license to the concealed weapon licensing board that
issued
that temporary license.If a
license or notice of statutory
disqualification is not issued under subsection (13) within 45 days
after the date the applicant has fingerprints taken under
subsection (9), the receipt issued under subsection (9) shall serve
as a concealed pistol license for purposes of this act when carried
with a state-issued personal identification card or driver license
and is valid until a license or notice of statutory
disqualification is issued by the county clerk.
(15) If an individual licensed under this act to carry a
concealed pistol moves to a different county within this state, his
or her license remains valid until it expires or is otherwise
suspended or revoked under this act. An individual may notify a
county clerk that he or she has moved to a different county within
this state for the purpose of receiving the notice under section
5l(1). A license to carry a concealed pistol that is lost, stolen,
or defaced may be replaced by the issuing county clerk for a
replacement fee of $10.00.
(16)
If a concealed weapons licensing board suspends or
revokes
a license issued under this act is suspended or revoked,
the
license is forfeited and shall be returned to the concealed
weapon
licensing board county clerk forthwith. A
county clerk shall
retain a suspended or revoked license as an official record 1 year
after the expiration of the license, unless the license is
reinstated or a new license is issued. An individual who fails to
return a license as required under this subsection after he or she
was notified that his or her license was suspended or revoked is
guilty of a misdemeanor punishable by imprisonment for not more
than 93 days or a fine of not more than $500.00, or both.
(17) An applicant or an individual licensed under this act to
carry a concealed pistol may be furnished a copy of his or her
application under this section upon request and the payment of a
reasonable fee.
(18)
This section does not prohibit the concealed weapon
licensing
board county clerk from making public and distributing to
the public at no cost lists of individuals who are certified as
qualified instructors as prescribed under section 5j.
(19) A county clerk issuing an initial license or renewal
license under this act shall mail the license to the licensee by
first-class mail in a sealed envelope. A county clerk may issue a
replacement license in person at the time of application for a
replacement license upon payment of the fee under subsection (15).
(20) A county clerk, county sheriff, county prosecuting
attorney, police department, or the department of state police is
not liable for civil damages as a result of the issuance of a
license under this act to an individual who later commits a crime
or a negligent act.
(21) An individual licensed under this act to carry a
concealed pistol may voluntarily surrender that license without
explanation. If an individual voluntarily surrenders a license
under this subsection, the department of state police shall enter
into the law enforcement information network that the license was
voluntarily surrendered and the date the license was voluntarily
surrendered.
(22) (19)
As used in this section:
(a) "Convicted" means a final conviction, the payment of a
fine, a plea of guilty or nolo contendere if accepted by the court,
or a finding of guilt for a criminal law violation or a juvenile
adjudication or disposition by the juvenile division of probate
court or family division of circuit court for a violation that if
committed by an adult would be a crime.
(b) "Felony" means that term as defined in section 1 of
chapter I of the code of criminal procedure, 1927 PA 175, MCL
761.1, or a violation of a law of the United States or another
state that is designated as a felony or that is punishable by death
or by imprisonment for more than 1 year.
(c) "Mental illness" means a substantial disorder of thought
or mood that significantly impairs judgment, behavior, capacity to
recognize reality, or ability to cope with the ordinary demands of
life, and includes, but is not limited to, clinical depression.
(d) "Misdemeanor" means a violation of a penal law of this
state or violation of a local ordinance substantially corresponding
to a violation of a penal law of this state that is not a felony or
a violation of an order, rule, or regulation of a state agency that
is punishable by imprisonment or a fine that is not a civil fine,
or both.
(e) "Treatment" means care or any therapeutic service,
including, but not limited to, the administration of a drug, and
any other service for the treatment of a mental illness.
Sec. 5c. (1) A license to carry a concealed pistol shall be in
a form, with the same dimensions as a Michigan operator license,
prescribed by the department of state police. Beginning July 1,
2015, the license shall be constructed of plastic laminated paper
or hard plastic. No additional fee shall be charged for the license
unless otherwise prescribed in this act. A fee not to exceed $10.00
may be charged for an optional hard plastic license only if the
county clerk also provides the option of obtaining a plastic
laminated paper license at no charge. The license shall contain all
of the following:
(a) The licensee's full name and date of birth.
(b) A photograph and a physical description of the licensee.
(c) A statement of the effective dates of the license.
(d) An indication of exceptions authorized by this act
applicable to the licensee.
(e) An indication whether the license is a duplicate or
temporary license.
(f) If the license is a temporary license, an indication that
the temporary license does not exempt the individual from complying
with all applicable laws for the purchase of firearms.
(2) Subject to section 5o and except as otherwise provided by
law,
a license to carry a concealed pistol issued by the county
concealed
weapon licensing board county
clerk authorizes the
licensee to do all of the following:
(a) Carry a pistol concealed on or about his or her person
anywhere in this state.
(b) Carry a pistol in a vehicle, whether concealed or not
concealed, anywhere in this state.
Sec.
5d. (1) If the concealed weapon licensing board denies
issuance
of a license to carry a concealed pistol, county clerk
issues a notice of statutory disqualification, fails to provide a
receipt that complies with section 5b(9) or 5l(3), or fails to issue
that
a license to
carry a concealed pistol as provided in
this act,
the
applicant may appeal the denial notice
of statutory
disqualification, the failure to provide a receipt, or the failure
to issue the license to the circuit court in the judicial circuit
in
which he or she resides. The appeal of the denial notice of
statutory disqualification, failure to provide a receipt, or
failure to issue a license shall be determined by a review of the
record
for error. , except that if the decision of the concealed
weapon
licensing board was based upon grounds specified in section
5b(7)(n)
that portion of the appeal shall be by hearing de novo.
Witnesses
in the hearing shall be sworn. A jury shall not be
provided
in a hearing under this section.
(2)
If the court determines that the denial notice of
statutory disqualification, failure to provide a receipt that
complies with section 5b(9) or 5l(3), or failure to issue a license
was clearly erroneous or was arbitrary and capricious, the court
shall
order the concealed weapon licensing board county clerk to
issue a license or receipt as required by this act. If the court
determines that the notice of statutory disqualification, failure
to provide a receipt that complies with section 5b(9) or 5l(3), or
failure to issue a license was clearly erroneous, the court may
refund any filing fees.
(3) If the court under subsection (2) determines that the
decision
of the concealed weapon licensing board to deny issuance
of
notice of statutory
disqualification, failure to provide a
receipt that complies with section 5b(9) or 5l(3), or failure to
issue a license to an applicant was arbitrary and capricious, the
court
shall order this state to pay 1/3 and the county in which the
concealed
weapon licensing board is located county
clerk, the
entity
taking the fingerprints, or the state to
pay 2/3 of the
actual costs and actual attorney fees of the applicant in appealing
the
denial.notice of statutory
disqualification, failure to provide
a receipt that complies with section 5b(9) or 5l(3), or failure to
issue a license, according to the degree of responsibility of the
county clerk, the entity taking the fingerprints, or the state.
(4)
If the court determines that an applicant's appeal was
frivolous,
the court shall order the applicant to pay the actual
costs
and actual attorney fees of the concealed weapon licensing
board
in responding to the appeal.
Sec. 5e. (1) The department of state police shall create and
maintain a computerized database of individuals who apply under
this act for a license to carry a concealed pistol. The database
shall contain only the following information as to each individual:
(a) The individual's name, date of birth, address, and county
of residence.
(b) If the individual is licensed to carry a concealed pistol
in this state, the license number, and date of expiration.
(c) Except as provided in subsection (2), if the individual
was
denied a license to carry a concealed pistol after the
effective
date of the amendatory act that added this subdivision,
July 1, 2001 or issued a notice of statutory disqualification, a
statement of the reasons for that denial or statutory
disqualification.
(d) A statement of all criminal charges pending and criminal
convictions obtained against the individual during the license
period.
(e) A statement of all determinations of responsibility for
civil infractions of this act pending or obtained against the
individual during the license period.
(2) If an individual who was denied a license to carry a
concealed
pistol after the effective date of the amendatory act
that
added this subsection July 1,
2001 or issued a notice of
statutory disqualification is subsequently issued a license to
carry a concealed pistol, the department of state police shall
delete from the computerized database the previous reasons for the
denial or notice of statutory disqualification.
(3) The department of state police shall enter the information
described in subsection (1)(a) and (b) into the law enforcement
information network.
(4) Information in the database, compiled under subsections
(1) through (3), is confidential, is not subject to disclosure
under the freedom of information act, 1976 PA 442, MCL 15.231 to
15.246, and shall not be disclosed to any person except for
purposes of this act or for law enforcement purposes. The
information compiled under subsection (5) is subject to disclosure
under the freedom of information act, 1976 PA 442, MCL 15.231 to
15.246.
(5) The department of state police shall file an annual report
with the secretary of the senate and the clerk of the house of
representatives setting forth all of the following information for
each
county concealed weapon licensing board:the state:
(a) The number of concealed pistol applications received.
(b) The number of concealed pistol licenses issued.
(c)
The number of concealed pistol licenses denied.statutorily
disqualified applicants.
(d)
Categories for denial statutory
disqualification under
subdivision (c).
(e) The number of concealed pistol licenses suspended or
revoked.
(f) Categories for suspension or revocation under subdivision
(e).
(g) The number of applications pending at the time the report
is made.
(h) The mean and median amount of time and the longest and
shortest amount of time used by the federal bureau of investigation
to supply the fingerprint comparison report required in section
5b(11).
5b(10). The department may use a statistically significant
sample to comply with this subdivision.
(i)
The number of charges of state civil infractions of this
act
or charges of criminal violations, categorized by offense,
filed
against individuals licensed to carry a concealed pistol that
resulted
in a finding of responsibility or a criminal conviction.
The
report shall indicate the number of crimes in each category of
criminal
offense that involved the brandishing or use of a pistol,
the
number that involved the carrying of a pistol by the license
holder
during the commission of the crime, and the number in which
no
pistol was carried by the license holder during the commission
of
the crime.
(j)
The number of pending criminal charges, categorized by
offense,
against individuals licensed to carry a concealed pistol.
(k)
The number of criminal cases dismissed, categorized by
offense,
against individuals licensed to carry a concealed pistol.
(l) The number of cases filed against individuals
licensed to
carry
a concealed pistol for criminal violations that resulted in a
finding
of not responsible or not guilty, categorized by offense.
(m)
For the purposes of subdivisions (i), (j), (k), and (l),
the
department of state police shall use the data provided under
section
5m.
(i) The total number of individuals licensed to carry a
concealed pistol found responsible for a civil violation of this
act, the total number of civil violations of this act categorized
by offense, the total number of individuals licensed to carry a
concealed pistol convicted of a crime, and the total number of
those criminal convictions categorized by offense.
(j) (n)
The number of suicides by
individuals licensed to
carry a concealed pistol.
(k) Actual costs incurred per permit for the department of
state police.
(l) (o)
Actual costs incurred per permit
for each county clerk.
Sec. 5f. (1) An individual who is licensed under this act to
carry a concealed pistol shall have his or her license to carry
that pistol in his or her possession at all times he or she is
carrying a concealed pistol or a portable device that uses electro-
muscular disruption technology.
(2) An individual who is licensed under this act to carry a
concealed pistol and who is carrying a concealed pistol or a
portable device that uses electro-muscular disruption technology
shall show both of the following to a peace officer upon request
for identification by that peace officer:
(a) His or her license to carry a concealed pistol.
(b) His or her driver license or Michigan personal
identification card.
(3) An individual licensed under this act to carry a concealed
pistol and who is carrying a concealed pistol or a portable device
that uses electro-muscular disruption technology and who is stopped
by
a peace officer shall immediately upon request by that peace
officer disclose to the peace officer that he or she is carrying a
pistol or a portable device that uses electro-muscular disruption
technology concealed upon his or her person or in his or her
vehicle.
(4) An individual who violates subsection (1) or (2) is
responsible for a state civil infraction and may be fined not more
than $100.00.
(5) An individual who violates subsection (3) is responsible
for a state civil infraction and may be fined as follows:
(a) For a first offense, by a fine of not more than $500.00 or
by the individual's license to carry a concealed pistol being
suspended for 6 months, or both.
(b) For a subsequent offense within 3 years of a prior
offense, by a fine of not more than $1,000.00 and by the
individual's license to carry a concealed pistol being revoked.
(6) If an individual is found responsible for a state civil
infraction
under this section, subsection
(5) and the court
determines that individual's license shall be suspended or revoked,
the
court shall notify the department of state police and order the
concealed
weapon licensing board county
clerk that issued the
license
of that determination.to
suspend or revoke that license.
The county clerk shall notify the department of state police of the
suspension or revocation in a manner prescribed by the department
of state police. The department of state police shall immediately
enter that suspension or revocation into the law enforcement
information network.
(7) A pistol or portable device that uses electro-muscular
disruption technology carried in violation of this section is
subject to immediate seizure by a peace officer. If a peace officer
seizes a pistol or portable device that uses electro-muscular
disruption technology under this subsection, the individual has 45
days in which to display his or her license or documentation to an
authorized employee of the law enforcement entity that employs the
peace officer. If the individual displays his or her license or
documentation to an authorized employee of the law enforcement
entity that employs the peace officer within the 45-day period, the
authorized employee of that law enforcement entity shall return the
pistol or portable device that uses electro-muscular disruption
technology to the individual unless the individual is prohibited by
law from possessing a firearm or portable device that uses electro-
muscular disruption technology. If the individual does not display
his or her license or documentation within the 45-day period, the
pistol or portable device that uses electro-muscular disruption
technology is subject to forfeiture as provided in section 5g. A
pistol or portable device that uses electro-muscular disruption
technology is not subject to immediate seizure under this
subsection if both of the following circumstances exist:
(a) The individual has his or her driver license or Michigan
personal identification card in his or her possession when the
violation occurs.
(b) The peace officer verifies through the law enforcement
information network that the individual is licensed under this act
to carry a concealed pistol.
(8) As used in this section, "peace officer" includes a motor
carrier officer appointed under section 6d of 1935 PA 59, MCL
28.6d, and security personnel employed by the state under section
6c of 1935 PA 59, MCL 28.6c.
Sec. 5j. (1) A pistol training or safety program described in
section 5b(7)(c) meets the requirements for knowledge or training
in
the safe use and handling of a pistol only if the program
consists
training was provided within 5
years preceding the date of
application and consisted of not less than 8 hours of instruction
and all of the following conditions are met:
(a) The program is certified by this state or a national or
state firearms training organization and provides 5 hours of
instruction in, but is not limited to providing instruction in, all
of the following:
(i) The safe storage, use, and handling of a pistol including,
but not limited to, safe storage, use, and handling to protect
child safety.
(ii) Ammunition knowledge, and the fundamentals of pistol
shooting.
(iii) Pistol shooting positions.
(iv) Firearms and the law, including civil liability issues and
the use of deadly force. This portion shall be taught by an
attorney or an individual trained in the use of deadly force.
(v) Avoiding criminal attack and controlling a violent
confrontation.
(vi) All laws that apply to carrying a concealed pistol in this
state.
(b) The program provides at least 3 hours of instruction on a
firing range and requires firing at least 30 rounds of ammunition.
(c) The program provides a certificate of completion that
states the program complies with the requirements of this section
and that the individual successfully completed the course, and that
contains the printed name and signature of the course instructor.
Not
later than October 1, 2004, the The
certificate of completion
shall contain the statement, "This course complies with section 5j
of 1927 PA 372.". For certificates issued on or after July 1, 2015,
each certificate shall also contain both of the following, which
shall be printed on the face of the certificate or attached in a
separate document:
(i) The instructor's name and address, and telephone number if
available.
(ii) The name and telephone number of the state agency or a
state or national firearms training organization that has certified
the individual as an instructor for purposes of this section, his
or her instructor certification number, if any, and the expiration
date of that certification.
(d) The instructor of the course is certified by this state or
a
state or national firearms
training organization to teach the 8-
hour
pistol safety training course courses described
in this
section. The county clerk shall not require any other
certification.
(2) A training certificate that does not meet the requirements
under state law applicable at the time the certification was issued
may otherwise meet the requirements of subsection (1)(c) if the
applicant provides information that reasonably demonstrates that
the certificate or the training meets the applicable requirements.
(3) (2)
A person shall not do either of the
following:
(a) Grant a certificate of completion described under
subsection (1)(c) to an individual knowing the individual did not
satisfactorily complete the course.
(b) Present a certificate of completion described under
subsection
(1)(c) to a concealed weapon licensing board county
clerk knowing that the individual did not satisfactorily complete
the course.
(4) (3)
A person who violates subsection (2)
(3) is guilty of
a felony punishable by imprisonment for not more than 4 years or a
fine of not more than $2,500.00, or both.
(5) (4)
A concealed weapons licensing
board county clerk shall
not require that a specific form, color, wording, or other content
appear
on a certificate of completion, except as provided in
subsection
(5), and shall accept as valid a certificate of
completion
issued prior to the effective date of the amendatory act
that
added this subsection that contains an inaccurate reference or
no
reference to this section but otherwise complies with this
section.except as otherwise required under this act.
(5)
Beginning October 1, 2004, a concealed weapons licensing
board
shall require that a certificate of completion contain the
statement,
"This course complies with section 5j of 1927 PA 372.".
Sec. 5k. (1) Acceptance of a license issued under this act to
carry a concealed pistol constitutes implied consent to submit to a
chemical analysis under this section. This section also applies to
individuals listed in section 12a.
(2) An individual shall not carry a concealed pistol or
portable device that uses electro-muscular disruption technology
while he or she is under the influence of alcoholic liquor or a
controlled substance or while having a bodily alcohol content
prohibited under this section. An individual who violates this
section is responsible for a state civil infraction or guilty of a
crime as follows:
(a) If the person was under the influence of alcoholic liquor
or a controlled substance or a combination of alcoholic liquor and
a controlled substance, or had a bodily alcohol content of .10 or
more grams per 100 milliliters of blood, per 210 liters of breath,
or per 67 milliliters of urine, the individual is guilty of a
misdemeanor punishable by imprisonment for not more than 93 days or
$100.00,
or both. The court shall may
order the concealed weapon
licensing
board county clerk that issued the individual a license
to
carry a concealed pistol to permanently revoke the license. The
concealed
weapon licensing board shall permanently revoke the
license
as ordered by the court.The
county clerk that issued the
license shall notify the department of state police of the
revocation in a manner prescribed by the department of state
police. The department of state police shall immediately enter that
revocation into the law enforcement information network.
(b) If the person had a bodily alcohol content of .08 or more
but less than .10 grams per 100 milliliters of blood, per 210
liters of breath, or per 67 milliliters of urine, the individual is
guilty of a misdemeanor punishable by imprisonment for not more
than
93 days or $100.00, or both. The court may order the concealed
weapon
licensing board county clerk that issued the individual a
license
to carry a concealed pistol to revoke suspend the license
for
not more than 3 years. The concealed weapon licensing board
shall
revoke the license as ordered by the court.The county clerk
that issued the license shall notify the department of state police
of that suspension in a manner prescribed by the department of
state police. The department of state police shall immediately
enter that suspension into the law enforcement information network.
(c) If the person had a bodily alcohol content of .02 or more
but less than .08 grams per 100 milliliters of blood, per 210
liters of breath, or per 67 milliliters of urine, the individual is
responsible for a state civil infraction and may be fined not more
than
$100.00. The court may order the concealed weapon licensing
board
county clerk that issued the individual the license to revoke
suspend
the license for 1 year. The
concealed weapon licensing
board
shall revoke the license as ordered by the court. The court
shall
notify the concealed weapon licensing board that issued the
individual
a license to carry a concealed pistol if an individual
is
found responsible for a subsequent violation of this
subdivision.The county clerk that issued the license shall
notify
the department of state police of that suspension in a manner
prescribed by the department of state police. The department of
state police shall immediately enter that suspension into the law
enforcement information network.
(3) This section does not prohibit an individual licensed
under this act to carry a concealed pistol who has any bodily
alcohol content from doing any of the following:
(a) Transporting that pistol in the locked trunk of his or her
motor vehicle or another motor vehicle in which he or she is a
passenger or, if the vehicle does not have a trunk, from
transporting that pistol unloaded in a locked compartment or
container that is separated from the ammunition for that pistol.
(b) Transporting that pistol on a vessel if the pistol is
transported unloaded in a locked compartment or container that is
separated from the ammunition for that pistol.
(c) Transporting a portable device using electro-muscular
disruption technology in the locked trunk of his or her motor
vehicle or another motor vehicle in which he or she is a passenger,
or, if the vehicle does not have a trunk, from transporting that
portable device in a locked compartment or container.
(d) Transporting a portable device using electro-muscular
disruption technology on a vessel if the portable device is
transported in a locked compartment or container.
(4) A peace officer who has probable cause to believe an
individual is carrying a concealed pistol or a portable device
using electro-muscular disruption technology in violation of this
section may require the individual to submit to a chemical analysis
of his or her breath, blood, or urine.
(5) Before an individual is required to submit to a chemical
analysis under subsection (4), the peace officer shall inform the
individual of all of the following:
(a) The individual may refuse to submit to the chemical
analysis, but if he or she chooses to do so, all of the following
apply:
(i) The officer may obtain a court order requiring the
individual to submit to a chemical analysis.
(ii) The refusal may result in his or her license to carry a
concealed
pistol being suspended. or revoked.
(b) If the individual submits to the chemical analysis, he or
she may obtain a chemical analysis described in subsection (4) from
a person of his or her own choosing.
(6) The collection and testing of breath, blood, and urine
specimens under this section shall be conducted in the same manner
that breath, blood, and urine specimens are collected and tested
for alcohol- and controlled-substance-related driving violations
under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.
(7) If a person refuses to take a chemical test authorized
under
this section, and the peace officer shall promptly report the
refusal
in writing to the concealed weapon licensing board that
issued
the license to the individual to carry a concealed
pistol.obtains a court order requiring the individual
to submit to
a chemical analysis, the court shall order the county clerk that
issued the license to suspend the license for 1 year. The county
clerk shall notify the department of state police of the suspension
in a manner prescribed by the department of state police. The
department of state police shall immediately enter that suspension
into the law enforcement information network.
(8)
If a person takes a chemical test authorized under this
section
and the test results indicate that the individual had any
bodily
alcohol content while carrying a concealed pistol, the peace
officer
shall promptly report the violation in writing to the
concealed
weapon licensing board that issued the license to the
individual
to carry a concealed pistol.
(8) (9)
As used in this section:
(a) "Alcoholic liquor" means that term as defined in section
105 of the Michigan liquor control code of 1998, 1998 PA 58, MCL
436.1105.
(b) "Controlled substance" means that term as defined in
section 7104 of the public health code, 1978 PA 368, MCL 333.7104.
(c) "Under the influence of alcoholic liquor or a controlled
substance" means that the individual's ability to properly handle a
pistol or to exercise clear judgment regarding the use of that
pistol was substantially and materially affected by the consumption
of alcoholic liquor or a controlled substance.
Sec.
5l. (1) A license to carry a concealed pistol
issued on or
after
July 1, 2003 but before July 1, 2006 is valid for 5 years.
(1) (2)
An initial A license to carry a concealed pistol,
issued
or renewed on or after July 1, 2006, other than a license
described
in subsection (1), including
a renewal license, is valid
until the applicant's date of birth that falls not less than 4
years or more than 5 years after the license is issued or renewed,
as applicable. The county clerk shall notify the licensee that his
or her license is about to expire and may be renewed as provided in
this section. The notification shall be sent by the county clerk to
the last known address of the licensee as shown on the records of
the county clerk. The notification shall be sent in a sealed
envelope by first-class mail not less than 3 months or more than 6
months before the expiration date of the current license. Except as
provided
in subsections (8) (6) and (9), (7), a renewal of a
license under section 5b shall, except as provided in this section,
be issued in the same manner as an original license issued under
section 5b. An applicant is eligible for a renewal of a license
under this section if his or her license is not expired, or expired
within a 5-year period before the date of application under this
section.
(2) (3)
Subject to subsections (8) (6) and
(9), (7), an
application to renew a license to carry a concealed pistol may be
submitted not more than 6 months before the expiration of the
current license. A member of the United States armed forces, the
United States armed forces reserve, or the Michigan national guard
who is on official assignment or deployment orders outside of this
state may submit his or her application to renew a license to carry
a concealed pistol by first-class mail, containing the required
fee, a notarized application, and the licensee's assignment or
deployment orders in a form required by the county clerk. If the
concealed
weapon licensing board approves county
clerk issues the
renewal, the effective date of the renewal license is the date of
expiration
of the current license or the date of approval issue of
the renewal, whichever is later, and the date of expiration is the
applicant's date of birth which is not less than 4 years or more
than 5 years from the effective date of the license.
(3) (4)
The concealed weapon licensing
board department of
state police shall complete the verification required under section
5b(6)
and the county clerk shall issue or
deny issuance of a
renewal
license or a notice of statutory
disqualification within 60
45
days after the date of application
for renewal. is properly
submitted.
The county clerk shall issue the
applicant a receipt for
his or her renewal application at the time the application is
submitted. The county clerk shall send a receipt by first-class
mail for an individual who submitted his or her application by mail
under subsection (2) to his or her address listed in the records of
the county clerk. A receipt issued under this subsection shall
contain all of the following:
(a) The name of the applicant.
(b) The date and time the receipt is issued.
(c) The amount paid.
(d)
A The statement, that the receipt is for a license
renewal."This receipt was issued for the purpose
of renewal of a
concealed pistol license. As provided in section 5l of 1927 PA 372,
MCL 28.425l, this receipt shall serve as a concealed pistol license
for the individual named in the receipt when carried with the
expired license and is valid until a license or notice of statutory
disqualification is issued by the county clerk. This receipt does
not exempt the individual named in the receipt from complying with
all applicable laws for the purchase of firearms.".
(e)
A statement of whether the applicant qualifies for an
extension
under subsection (5).
(e) (f)
The name of the county in which the
receipt is issued.
(g)
An impression of the county seal.
(4) (5)
If the concealed weapon
licensing board fails to deny
or
issue a renewal license to the person within 60 days as required
under
subsection (4),an individual
applies for a renewal license
before the expiration of his or her license, the expiration date of
the
current license is extended by 180 days or until the renewal
license
or notice of statutory
disqualification is issued. ,
whichever
occurs first. This subsection
does not apply unless the
person
pays the renewal fee at the time the renewal application is
submitted
and the person has submitted a receipt from a police
agency
that confirms that a background check has been requested by
the
applicant.The county clerk
shall notify the department of state
police in a manner prescribed by the department of state police
after he or she receives an application for renewal. The department
of state police shall immediately enter into the law enforcement
information network the date that application for renewal was
submitted and that the renewal application is pending.
(5) (6)
A person carrying a concealed
pistol after the
expiration
date of his or her license pursuant to under an
extension
under subsection (5) (4) shall keep the receipt issued by
the
county clerk under subsection (4) (3) and his or her expired
license in his or her possession at all times that he or she is
carrying the pistol. For the purposes of this act, the receipt is
considered to be part of the license to carry a concealed pistol
until a renewal license or notice of statutory disqualification is
issued. or
denied. Failing Unless a
peace officer can verify
through the law enforcement information network that the
individual's renewal application is pending, failing to have the
receipt and expired license in possession while carrying a
concealed
pistol or failing to display the receipt to a peace
officer
upon request is a violation of this
act. Failing to display
a receipt to a peace officer upon request is a violation of this
act.
(7)
The educational requirements under section 5b(7)(c) are
waived
for an applicant who is a retired police officer or retired
law
enforcement officer.
(6) (8)
The educational requirements under
section 5b(7)(c)
for an applicant who is applying for a renewal of a license under
this act are waived except that the applicant shall certify that he
or she has completed at least 3 hours' review of the training
described under section 5b(7)(c) and has had at least 1 hour of
firing range time in the 6 months immediately preceding the
subsequent application. The educational and firing range
requirements of this subsection are met if the applicant certifies
on the renewal application form that he or she has complied with
the requirements of this subsection. The county clerk shall not
otherwise require verification of the statements made under this
subsection and shall not require an applicant to obtain a
certificate or undergo training other than as required by this
subsection.
(7) (9)
Beginning January 1, 2007, an An
applicant who is
applying for a renewal of a license issued under section 5b is not
required to have fingerprints taken again under section 5b(9) if
all of the following conditions have been met:
(a) There has been established a system for the department of
state police to save and maintain in its automated fingerprint
identification system (AFIS) database all fingerprints that are
submitted to the department of state police under section 5b.
(b) The applicant's fingerprints have been submitted to and
maintained by the department of state police as described in
subdivision (a) for ongoing comparison with the automated
fingerprint identification system (AFIS) database.
Sec. 5o. (1) Subject to subsection (5), an individual licensed
under this act to carry a concealed pistol, or who is exempt from
licensure
under section 12a(1)(f), 12a(1)(h),
shall not carry a
concealed pistol on the premises of any of the following:
(a) A school or school property except that a parent or legal
guardian of a student of the school is not precluded from carrying
a concealed pistol while in a vehicle on school property, if he or
she is dropping the student off at the school or picking up the
child
student from the school. As used in this section,
"school"
and "school property" mean those terms as defined in section 237a
of the Michigan penal code, 1931 PA 328, MCL 750.237a.
(b) A public or private child care center or day care center,
public or private child caring institution, or public or private
child placing agency.
(c) A sports arena or stadium.
(d) A bar or tavern licensed under the Michigan liquor control
code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, where the
primary source of income of the business is the sale of alcoholic
liquor by the glass and consumed on the premises. This subdivision
does not apply to an owner or employee of the business. The
Michigan liquor control commission shall develop and make available
to holders of licenses under the Michigan liquor control code of
1998, 1998 PA 58, MCL 436.1101 to 436.2303, an appropriate sign
stating that "This establishment prohibits patrons from carrying
concealed weapons". The owner or operator of an establishment
licensed under the Michigan liquor control code of 1998, 1998 PA
58, MCL 436.1101 to 436.2303, may, but is not required to, post the
sign developed under this subdivision. A record made available by
an establishment licensed under the Michigan liquor control code of
1998, 1998 PA 58, MCL 436.1101 to 436.2303, necessary to enforce
this subdivision is exempt from disclosure under the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246.
(e) Any property or facility owned or operated by a church,
synagogue, mosque, temple, or other place of worship, unless the
presiding official or officials of the church, synagogue, mosque,
temple, or other place of worship permit the carrying of concealed
pistol on that property or facility.
(f) An entertainment facility with a seating capacity of 2,500
or more individuals that the individual knows or should know has a
seating capacity of 2,500 or more individuals or that has a sign
above each public entrance stating in letters not less than 1-inch
high a seating capacity of 2,500 or more individuals.
(g) A hospital.
(h) A dormitory or classroom of a community college, college,
or university.
(2) Subject to subsection (5), an individual shall not carry a
portable device that uses electro-muscular disruption technology on
any of the premises described in subsection (1).
(3) An individual licensed under this act to carry a concealed
pistol,
or who is exempt from licensure under section 12a(1)(f),
12a(1)(h), shall not carry a concealed pistol in violation of R
432.1212 or a successor rule of the Michigan administrative code
promulgated under the Michigan gaming control and revenue act, 1996
IL 1, MCL 432.201 to 432.226.
(4) As used in subsection (1), "premises" does not include
parking areas of the places identified under subsection (1).
(5) Subsections (1) and (2) do not apply to any of the
following:
(a) An individual licensed under this act who is a retired
police
officer or retired law enforcement officer. The concealed
weapon
licensing board may require a letter from the law
enforcement
agency stating that the retired police officer or law
enforcement
officer retired in good standing.
(b) An individual who is licensed under this act and who is
employed or contracted by an entity described under subsection (1)
to provide security services and is required by his or her employer
or the terms of a contract to carry a concealed firearm on the
premises of the employing or contracting entity.
(c) An individual who is licensed as a private investigator or
private detective under the professional investigator licensure
act, 1965 PA 285, MCL 338.821 to 338.851.
(d) An individual who is licensed under this act and who is a
corrections officer of a county sheriff's department.
(e) An individual who is licensed under this act and who is a
motor carrier officer or capitol security officer of the department
of state police.
(f) An individual who is licensed under this act and who is a
member of a sheriff's posse.
(g) An individual who is licensed under this act and who is an
auxiliary officer or reserve officer of a police or sheriff's
department.
(h) An individual who is licensed under this act and who is a
parole or probation officer of the department of corrections.
(i) A state court judge or state court retired judge who is
licensed
under this act. The concealed weapon licensing board may
require
a state court retired judge to obtain and carry a letter
from
the judicial tenure commission stating that the state court
retired
judge is in good standing as authorized under section 30 of
article
VI of the state constitution of 1963, and rules promulgated
under
that section, in order to qualify under this subdivision.
(j) An individual who is licensed under this act and who is a
court officer.
(6) An individual who violates this section is responsible for
a state civil infraction or guilty of a crime as follows:
(a) Except as provided in subdivisions (b) and (c), the
individual is responsible for a state civil infraction and may be
fined not more than $500.00. The court shall order the individual's
license to carry a concealed pistol suspended for 6 months.
(b) For a second violation, the individual is guilty of a
misdemeanor punishable by a fine of not more than $1,000.00. The
court shall order the individual's license to carry a concealed
pistol revoked.
(c) For a third or subsequent violation, the individual is
guilty of a felony punishable by imprisonment for not more than 4
years or a fine of not more than $5,000.00, or both. The court
shall order the individual's license to carry a concealed pistol
revoked.
Sec. 5x. (1) Each county shall establish a concealed pistol
licensing fund for the deposit of fees collected for the county
clerk under this act. The county treasurer shall direct investment
of the concealed pistol licensing fund and shall credit to the fund
interest and earnings from fund investments.
(2) Money credited to the county concealed pistol licensing
fund shall be expended in compliance with the uniform budgeting and
accounting act, 1968 PA 2, MCL 141.421 to 141.440a, subject to an
appropriation. Expenditures from the county concealed pistol
licensing fund shall be used by the county clerk only for the cost
of administering this act. Allowable expenditures include, but are
not limited to, any of the following costs of the county clerk:
(a) Staffing requirements.
(b) Technology upgrades, including technology to take
fingerprints by electronic means.
(c) Office supplies.
(d) Document storage and retrieval systems and system
upgrades.
Sec.
8. (1) The concealed weapon licensing board that issued a
license
to an individual to carry a concealed pistol A court may
order a county clerk who issued the license to carry a concealed
pistol
to suspend or revoke that a license
as permitted under this
act
if the board court determines
that the individual committed any
violation of this act other than a violation of section 5f(4). If
the
board court determines that the individual has been found
responsible for 3 or more state civil infraction violations of this
act
during the license period, the board court shall conduct a
hearing and may order the county clerk that issued the license to
carry a concealed pistol to suspend the individual's license for
not more than 1 year.
(2)
Except as provided in subsections (3)
, or (4), and (5), a
license shall not be suspended or revoked under this section except
upon
written complaint and an opportunity for a hearing. before
the
board.
The board shall give the individual at least 10 days' notice
of
a hearing under this section. The notice shall be by personal
service
or by certified mail delivered to the individual's last
known
address.
(3)
If the concealed weapon licensing board is notified by a
law
enforcement agency or prosecuting official that an individual
licensed to carry a concealed pistol is charged with a felony or
misdemeanor
as defined in this act, the concealed weapon licensing
board
court shall immediately order the county clerk that issued
the license to carry a concealed pistol to suspend the individual's
license until there is a final disposition of the charge for that
offense. and
The county clerk shall send notice
by first-class mail
in a sealed envelope of that suspension to the individual's last
known
address as indicated in the records of the concealed weapon
licensing
board. county clerk. The notice shall inform the
individual
that he or she is entitled to a prompt hearing on the
suspension,
and the concealed weapon licensing board shall conduct
a
prompt hearing if requested in writing by the individual. The
include the statutory reason for the suspension, the record
supporting that suspension, the length of the suspension, and the
process for reinstating the license on expiration of the
suspension, correcting errors in the record, or appealing the
suspension. Except as provided in subsection (6), the requirements
of subsection (2) do not apply to this subsection. If a court
ordered a license suspended under this subsection and the
individual is acquitted of the charge or the charge is dismissed,
the court shall notify the county clerk who shall automatically
reinstate the license if the license is not expired and the
individual is otherwise qualified to receive a license to carry a
concealed pistol, as verified by the department of state police. A
county clerk shall not charge a fee for the reinstatement of a
license under this subsection.
(4)
The concealed weapon licensing board court shall order the
county clerk that issued a license to an individual to carry a
concealed
pistol shall to revoke that a license if the board court
determines that the individual is not eligible under this act to
receive
a license to carry a concealed pistol. The concealed weapon
licensing
board county clerk shall immediately send notice of the
fact
of and the reason for the
revocation under this subsection by
first-class
mail in a sealed envelope to the individual's last
known
address as indicated on the records of the concealed weapon
licensing
board. The county clerk. The
notice shall include the
statutory reason for the revocation, the record supporting the
revocation, the length of the revocation, and the process for
correcting errors in the record, appealing the revocation, and
reapplying for that individual's license. The county clerk shall
notify the department of state police of the revocation in a manner
prescribed by the department of state police. The department of
state police shall immediately enter that revocation into the law
enforcement information network. Except as provided in subsection
(6), the requirements of subsection (2) do not apply to this
subsection.
(5)
If the concealed weapon licensing board determines by
clear
and convincing evidence based on specific articulable facts
that
the applicant poses a danger to the applicant or to any other
person,
the concealed weapon licensing board shall immediately
suspend
the individual's license pending a revocation hearing under
this
section. The concealed weapon licensing board shall send
notice
of the suspension to the individual's last known address as
indicated
in the records of the concealed weapon licensing board.
The
notice shall inform the individual that he or she is entitled
to
a prompt hearing on the suspension, and the concealed weapon
licensing
board shall conduct a prompt hearing if requested in
writing
by the individual. The requirements of subsection (2) do
not
apply to this subsection.
(5) An individual is entitled to be represented by legal
counsel during a hearing under this section and to present relevant
evidence, including the testimony of witnesses, on his or her
behalf. If a suspension is imposed under this section, the
suspension shall be for a period stated in years, months, or days,
as applicable, or until the final disposition of the charge. The
licensee shall promptly surrender his or her license to the county
clerk after being notified that his or her license has been revoked
or suspended.
(6) If a court ordered a license suspended under this section
and that license was surrendered by the licensee, upon expiration
of the suspension period, the applicant may apply for a renewal
license in the same manner as provided under section 5l. The county
clerk shall issue the applicant a receipt for his or her
application at the time the application is submitted. The receipt
shall contain all of the following:
(a) The name of the applicant.
(b) The date and time the receipt is issued.
(c) The amount paid.
(d) The statement, "This receipt was issued for the purpose of
applying for a renewal of a concealed pistol license following a
period of suspension or revocation. This receipt does not authorize
an individual to carry a concealed pistol in this state.".
(e) The name of the county in which the receipt is issued.
(7) If a court ordered a license suspended or revoked because
of an order under section 5b(7)(d)(iii) and that license was
surrendered by the licensee, upon expiration of the order, the
court shall notify the county clerk who shall automatically
reinstate the license if the license is not expired and the
individual is otherwise qualified to receive a license to carry a
concealed pistol, as verified by the department of state police.
The county clerk shall not charge a fee for the reinstatement of a
license under this subsection.
(8) (6)
If the concealed weapon
licensing board court orders a
license
suspended or revoked county
clerk to suspend, revoke, or
reinstate
a license under this section or amends
a suspension, or
revocation, or reinstatement order, the concealed weapon licensing
board
county clerk shall immediately notify a law enforcement
agency
having jurisdiction in the county in which the concealed
weapon
licensing board is located to the
department of state police
in a manner prescribed by the department of state police. The
department of state police shall enter the order or amended order
into
the law enforcement information network. A law enforcement
agency
that receives notice of an order or amended order under this
subsection
from a concealed weapon licensing board shall
immediately
enter the order or amended order into the law
enforcement
information network as requested by that concealed
weapon
licensing board.
(9) (7)
A suspension or revocation order or
amended order
issued under this section is immediately effective. However, an
individual is not criminally liable for violating the order or
amended order unless he or she has received notice of the order or
amended order.
(10) (8)
If an individual is carrying a
pistol in violation of
a suspension or revocation order or amended order issued under this
section but has not previously received notice of the order or
amended order, the individual shall be informed of the order or
amended order and be given an opportunity to properly store the
pistol or otherwise comply with the order or amended order before
an arrest is made for carrying the pistol in violation of this act.
(11) (9)
If a law enforcement agency or
officer notifies an
individual of a suspension or revocation order or amended order
issued under this section who has not previously received notice of
the order or amended order, the law enforcement agency or officer
shall enter a statement into the law enforcement information
network that the individual has received notice of the order or
amended order under this section.
(10)
The clerk of the concealed weapon licensing board is
authorized
to administer an oath to any individual testifying
before
the board at a hearing under this section.
Enacting section 1. Sections 5m and 6a of 1927 PA 372, MCL
28.425m and 28.426a, are repealed.
Enacting section 2. This amendatory act takes effect July 1,
2015.
