Bill Text: MI SB0789 | 2013-2014 | 97th Legislature | Introduced
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-Introduced.html
SENATE BILL No. 789
February 18, 2014, Introduced by Senators GREEN, CASPERSON, BRANDENBURG, MOOLENAAR, ROBERTSON, PAVLOV, COLBECK, MARLEAU, PAPPAGEORGE and KOWALL and referred to the Committee on Judiciary.
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, 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5j, 5k, 5l,
5m, and 8 (MCL 28.421, 28.424, 28.425, 28.425a, 28.425b, 28.425c,
28.425d, 28.425e, 28.425f, 28.425j, 28.425k, 28.425l, 28.425m, and
28.428), section 1 as amended by 2012 PA 243, section 4 as added by
1992 PA 219, sections 5, 5a, 5e, and 5m 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 and 5k 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) "Licensing authority" means, for purposes of issuing a
license to carry a concealed pistol only, 1 of the following:
(i) Through December 31, 2014, the concealed weapon licensing
board in the county in which the applicant resides having the
authority under this act to issue to the applicant a license to
carry a concealed pistol.
(ii) Beginning January 1, 2015, the county clerk having the
authority under this act to issue to the applicant a license to
carry a concealed pistol.
(d) (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.
(e) (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.
(f) (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.
(g) (f)
"Purchaser" means a
person who receives a pistol from
another person by purchase or gift.
(h) (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.
(i) (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 20 or more
consecutive years.
(j) (i)
"Seller" means a person
who sells or gives a pistol to
another person.
(k) (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.
(l) (k)
"State court retired
judge" means a judge or justice
described
in subdivision (j) (k) 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. 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, Act No. 328 of the Public Acts of 1931, being section
750.224f
of the Michigan Compiled Laws, 1931
PA 328, MCL 750.224f,
may
apply to the concealed weapons licensing board in the county in
which
he or she resides circuit court
in the county in which the
person resides for restoration of those rights.
(2) Not more than 1 application may be submitted under
subsection
(1) 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.
(3)
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 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.
(4)
If the concealed weapons licensing board pursuant to
subsection
(3) 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).
(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 licensing
authority 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. The department of state police shall not
charge a fee for the kits.
Sec.
5a. (1) Each Through December
31, 2014, 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).
5j(1)(d). 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 under 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).5j(1)(d).
(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.
(4)
The county clerk shall serve as the clerk of the concealed
weapon
licensing board.is responsible
for storing and maintaining
all records related to the issuance or denial of a license in that
county.
(5)
Except as otherwise provided in this act, the concealed
weapon
licensing board licensing
authority has exclusive authority
to
issue , and
deny , revoke, or suspend a license to carry a
concealed
pistol. The concealed weapon licensing board licensing
authority 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. The authority of any panel
convened under this subsection expires not later than 12 midnight
December 31, 2014.
(7)
The concealed weapon licensing board department of state
police may 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.
(8)
If the concealed weapon licensing board licensing
authority determines 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 licensing authority may, pending issuance of a
license, issue a temporary license to the individual to carry a
concealed pistol. A temporary license shall be on a form provided
by
the department of state police. 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 temporary license is, for all other purposes
of this act, a license to carry a concealed pistol.
(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
licensing authority in this state together with information
regarding the rights and responsibilities of applicants, license
holders, and licensing authorities under this act. The department
of state police shall also provide forms to appeal any denial,
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 licensing authority. The licensing
authority shall distribute a copy of the compilation, information,
and forms 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 licensing
authority 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.
(10) Effective 12 midnight December 31, 2014, the county
concealed weapon licensing boards are eliminated and the duties,
functions, and responsibilities of those boards are transferred to
the county clerks as provided in this act. Each county concealed
weapon licensing board shall transfer all license applications and
official documents in its possession to the licensing authority of
the county in which the board is located no later than 12 midnight
December 31, 2014. All pending applications remain in place, and
the licensing authority shall process those applications as
provided in this act. The licensing authority 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 December 31, 2014 is valid and remains in effect
until the expiration of that license or as otherwise provided by
law.
Sec. 5b. (1) To obtain a license to carry a concealed pistol,
an
individual shall apply to the concealed weapon licensing board
in
the county in which that individual resides licensing authority.
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 licensing
authority 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.
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
licensing authority 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
licensing authority to access the mental health records of
the
applicant relating to his or her mental health history. 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
licensing authority 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 licensing
authority at no charge or for a reasonable fee. The licensing
authority shall not require the applicant to have his or her
photograph taken by the licensing authority 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.
(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 licensing authority 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. This does not prohibit the licensee from voluntarily
submitting additional documentation if he or she chooses to do so
at his or her own initiative and does not prohibit the licensing
authority from requiring an applicant in writing to provide
additional documentation that is necessary to address a specific
disqualification set forth in this act and identified in a written
notice sent to the applicant under subsection (13). 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 licensing authority
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.
The fee shall cover all costs in the application and licensing
process through and including the denial or issuance of a license.
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 Through December 31,
2014, 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
Beginning January 1, 2015, 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. Through December 31, 2014, the county sheriff 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 licensing
authority 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. In all cases, the
department of state police shall contact the county sheriff, county
prosecuting attorney, and the state police post having jurisdiction
to determine only whether that county sheriff, county prosecuting
attorney, or state police post 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 licensing
authority 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.
(7)
The concealed weapon licensing board licensing authority
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 licensing authority
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 licensing
authority may waive the
6-month residency requirement for a temporary license under section
5a(8)
if the concealed weapon licensing board licensing authority
determines 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 licensing
authority may 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 licensing
authority shall immediately issue and send a temporary license to
that
applicant. The temporary license shall be is valid until the
concealed
weapon licensing board licensing
authority 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.
(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 mental illness 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,
licensing authority, 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, or other entity if that local police agency entity
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
entity a fee of $15.00 by any method of payment accepted by
the
unit of local government entity
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.
(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 5 business days after
receiving
a report of the fingerprints from the federal bureau of
investigation,
under this section, the department of state police
shall
provide a copy fingerprint
comparison report to the
submitting
sheriff's department or local police agency entity as
appropriate
and the clerk of to the appropriate concealed weapon
licensing
board. licensing authority. Except as provided in
subsection
(14), the concealed weapon licensing board licensing
authority shall not issue a concealed pistol license until it
receives the fingerprint comparison report prescribed in this
subsection.
The concealed weapon licensing board licensing
authority may deny a license if an individual's fingerprints are
not classifiable by the federal bureau of investigation and a
report cannot be obtained based on the individual's name, date of
birth, and other identifying information.
(11)
The concealed weapon licensing board licensing authority
shall deny a license 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 licensing
authority shall issue or deny
issuance
of a license 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 licensing authority denies issuance of a license to
carry
a concealed pistol, the concealed weapon licensing board
licensing authority shall within 5 business days do both of the
following:
(a) Inform the applicant in writing of the reasons for the
denial. Information under this subdivision shall include all of the
following:
(i) A statement of the specific and articulable facts
supporting the denial.
(ii) Copies of any writings, photographs, records, or other
documentary evidence upon which the denial is based.
(b) Inform the applicant in writing of his or her right to
appeal the denial to the circuit court as provided in section 5d.
(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 If a license is not
granted or denied under
subsection (13) within 45 days after the date the applicant has
classifiable fingerprints taken under subsection (9), the licensing
authority
shall, issue a temporary
license to carry a concealed
pistol
to the applicant if the applicant is otherwise qualified for
a
license. within 5 business
days, issue by mail a temporary
license to carry a concealed pistol to the applicant. A temporary
license
issued under this section is valid for until the expiration
of 180 days after the date the temporary license is issued or until
the
concealed weapon licensing board receives the fingerprint
comparison
report provided under subsection (10) and licensing
authority issues or denies issuance of a license to carry a
concealed pistol as otherwise provided under this act, whichever
occurs first. A temporary license issued under this subsection
shall state on its face that it is a temporary license. 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.licensing
authority by mail or in
person. The licensing authority shall not charge a fee for issuing
a license to carry a concealed pistol if the temporary license was
surrendered as required under this subsection.
(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. 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 circuit court
suspends or revokes a license issued under this act, the license is
forfeited
and shall be returned to the concealed weapon licensing
board
licensing authority forthwith. A
licensing authority shall
retain a suspended or revoked license as an official record 1 year
after the expiration of the license or, if the license is
reinstated, the licensing authority may destroy the record. 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 licensing authority 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, renewal
license, temporary license, or replacement license under this act
shall mail the license to the licensee by first-class mail in a
sealed envelope. However, a county clerk issuing a reinstated
license to an individual whose license was suspended shall mail the
reinstated license in the manner described in this subsection, or
provide the reinstated license to the individual in person only
upon the payment of the fee under section 8(6). This subsection
does not prohibit a licensing authority from issuing a replacement
license in person at the time of application for a replacement
license.
(20) A licensing authority 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) (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 January 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
licensing authority 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.
(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 licensing
authority 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 licensing
authority denies issuance of a license to carry a concealed pistol,
or fails to issue that license as provided in this act, the
applicant may appeal the denial 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 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 or failure to
issue a license was clearly erroneous or was arbitrary and
capricious, the court shall order the concealed weapon
licensing
board
licensing authority to issue a license as required by this
act.
(3) If the court under subsection (2) determines that the
decision
of the concealed weapon licensing board to deny issuance
of
denial or failure to issue a license to an applicant was clearly
erroneous or 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 licensing authority
or the state to pay
2/3
of the actual costs and actual
attorney fees of the applicant
in appealing the denial, according to the licensing authority or
state's degree of responsibility in the denial or failure to issue
a license.
(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, a statement of the reasons for that denial.
(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 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.
(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:a licensing authority:
(a) The number of concealed pistol applications received.
(b) The number of concealed pistol licenses issued.
(c) The number of concealed pistol licenses denied.
(d) Categories for denial 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. The report shall also indicate the total number of
individuals charged, the total number of those individuals found
responsible or convicted, and the total number of charges dismissed
or individuals acquitted.
(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.
(n) The number of suicides by individuals licensed to carry a
concealed pistol.
(o) Actual costs incurred per permit for each county.
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, the court shall notify the
department
of state police and the concealed weapon licensing board
authority that issued the license of that determination.
(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 January 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 licensing authority 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 licensing
authority 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 licensing
authority 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 order the concealed weapon
licensing
board that issued the individual a license to carry a
concealed
pistol authority to permanently revoke the license. The
concealed
weapon licensing board authority shall permanently revoke
the license as ordered by the court.
(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 that issued the
individual a license to
carry
a concealed pistol authority to revoke suspend the license
for
not more than 3 years. The concealed weapon licensing board
authority
shall revoke suspend the
license as ordered by the court.
(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
that issued the individual the license authority to revoke
suspend
the license for 1 year. The concealed
weapon licensing
board
authority shall revoke suspend 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
authority if an individual is found responsible for a subsequent
violation of this subdivision.
(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, the peace officer shall promptly report the
refusal
in writing to the concealed weapon licensing board
authority that issued the license to the individual to carry a
concealed pistol.
(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.authority.
(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 licensing authority 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
licensing authority to the last known address of the licensee as
shown on the records of the licensing authority. 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. A license held by a licensee
serving in the United States armed forces, the United States armed
forces reserve, or the Michigan national guard that expires while
the licensee is on official assignment or deployment orders outside
of this state or the continental United States is automatically
extended until 60 days after the end date of the assignment or
deployment as provided in the licensee's assignment or deployment
orders. A licensee who receives an extension under this subsection
shall have his or her assignment or deployment orders in his or her
possession while carrying a concealed pistol during the 60-day
extension period. The 60-day extension provided under this
subsection does not apply to a license for a pistol under section
2.
(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. If the concealed weapon licensing board authority
approves the renewal, the effective date of the renewal license is
the date of expiration of the current license or the date of
approval 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 authority shall
issue
or deny issuance of a renewal license within 60 45 days
after
the
date of application for renewal, is
properly submitted. or if
required for renewal, the submission of classifiable fingerprints
taken under section 5b(9). The county clerk shall issue the
applicant a receipt for his or her renewal 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) A statement that the receipt is for a license renewal.
(e) A statement of whether the applicant qualifies for an
extension
under subsection (5).(4).
(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 authority
fails
to deny or issue a renewal license to the person within 60 45
days
as required under subsection (4),(3), the expiration date of
the current license is extended by 180 days or until the renewal
license
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.
(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 is issued or denied. 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.
(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 licensing authority 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.
5m. A prosecuting attorney The
department of state police
shall
promptly notify the county concealed weapon licensing board
authority of the county that issued the license of a criminal
charge against a license holder for a felony or specified criminal
offense
as defined in this act. The prosecuting attorney department
of
state police shall promptly notify the county
concealed weapon
licensing
board licensing authority of
the county that issued the
license of the disposition of the criminal charge. If a license
holder is convicted of a crime, the licensing authority shall
request
the prosecuting attorney's notification
shall attorney to
indicate if the crime involved the brandishing or use of a pistol,
if a pistol was carried by the license holder during the commission
of the crime, or if no pistol was carried by the license holder
during the commission of the crime. The state police shall provide
a
form for reporting purposes. Each year by a date determined by
the
director of the department of state police, the chairperson of
the
county concealed weapon licensing board shall compile and
provide
a report to the department of state police in a format
determined
by the director of the department of state police
containing
the information provided to the concealed weapon
licensing
board under this section, section 5f(6), or section 5k(7)
or
(8).
Sec. 5x. (1) Each county shall establish a concealed pistol
licensing fund for the deposit of fees collected 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 as the licensing
authority 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 as the licensing authority:
(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 circuit court
may 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 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 court shall
give the individual at least 10 days'
notice of a hearing under this section. The notice shall be by
personal
service by the licensing
authority or by certified first-
class
mail delivered in a sealed envelope sent by the licensing
authority to the individual's last known address.
(3)
If the concealed weapon licensing board circuit court 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 suspend the
individual's license until there is a final disposition of the
charge for that offense and immediately notify the licensing
authority, who 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.
licensing authority. 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 court shall conduct a
prompt
hearing if requested in writing by the individual. The
Except as provided in subsection (6), the requirements of
subsection (2) do not apply to this subsection.
(4)
The concealed weapon licensing board that issued a license
to
an individual to carry a concealed pistol circuit court shall
revoke
that a license if the board circuit 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
court shall immediately notify the licensing authority, who 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 licensing
authority. 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) A hearing under this section shall be closed to the public
upon the request of the individual. The individual is entitled to
be represented by legal counsel during the hearing and to present
relevant evidence, including the testimony of witnesses, in 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 a specific date. The licensee shall
promptly surrender his or her license to the licensing authority
after being notified that his or her license has been revoked or
suspended.
(6) If a circuit court ordered a license suspended under this
section and that license was surrendered by the licensee, the
licensing authority shall, upon the expiration of the suspension
period, automatically reinstate the license if the license was
suspended as required under subsection (5), is not expired, and the
individual is otherwise qualified to receive a license under this
act to carry a concealed pistol. The licensing authority shall
notify the individual by first-class mail in a sealed envelope sent
to the individual's last known address as shown by the records of
the licensing authority that his or her license has been
reinstated. The notice shall be sent within 5 business days after
the license is reinstated by the licensing authority. A licensing
authority may charge a fee of not more than $20.00 for the
reinstatement of a revoked or suspended license. The clerk shall
collect any reinstatement fee paid under this subsection for
deposit in the concealed pistol licensing fund.
(7) (6)
If the concealed weapon
licensing board circuit court
or
licensing authority orders a license
suspended, or revoked, or
reinstated under this section or amends a suspension, or
revocation, or reinstatement order, or a licensing authority
automatically reinstates a license under subsection (6), the
concealed
weapon licensing board licensing
authority shall
immediately notify a law enforcement agency having jurisdiction in
the
county in which the concealed weapon licensing board licensing
authority is located to 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 licensing authority shall
immediately enter the order or amended order into the law
enforcement
information network as requested by that concealed
weapon
licensing board.licensing authority.
(8) (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.
(9) (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.
(10) (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. Section 6a of 1927 PA 372, MCL 28.426a, is
repealed.
