SB-0366, As Passed Senate, November 8, 2017
May 4, 2017, Introduced by Senators SCHMIDT, COLBECK, HORN, PROOS, MACGREGOR, SHIRKEY, GREEN, CASPERSON and STAMAS 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 5b, 5c, and 5l (MCL 28.425b, 28.425c, and
28.425l), section 5b as amended by 2015 PA 207 and sections 5c and
5l as amended by 2015 PA 3.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
5b. (1) Until November 30, 2015, 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. Beginning December 1, 2015, to To obtain a
license to carry a concealed pistol, an individual shall apply to
the county clerk in the county in which the individual resides. The
applicant shall 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 must be on a form
provided
by the director of the department of state police . Until
November
30, 2015, the application shall allow the applicant to
designate
whether the applicant seeks a temporary license.
Beginning
December 1, 2015, the application shall and allow the
applicant to designate whether the applicant seeks an emergency
license or a provisional license. The applicant shall sign the
application
shall be signed under oath. by the applicant. The
county clerk or his or her representative shall administer the
oath. shall
be administered by the county clerk or his or her
representative.
Beginning December 1, 2015, not An
applicant shall
not
submit more than 1 application may
be submitted under this
subsection
in any calendar year. Beginning December 1, 2015, an An
application under this subsection is not considered complete until
an applicant submits all of the required information and fees and
has
fingerprints taken under subsection (9). Beginning December 1,
2015,
an An application under this subsection is considered
withdrawn if an applicant does not have fingerprints taken under
subsection (9) within 45 days of the date an application is filed
under
this subsection. Beginning December 1, 2015, a A completed
application under this section expires 1 year from the date of
application.
Beginning December 1, 2015, the The
county clerk shall
issue the applicant a receipt for his or her application at the
time the application is submitted containing the name of the
applicant, the applicant's state-issued driver license or personal
identification card number, the date and time the receipt is
issued, the amount paid, the name of the county in which the
receipt is issued, an impression of the county seal, and the
statement, "This receipt was issued for the purpose of applying for
a concealed pistol license and for obtaining fingerprints related
to that application. This receipt does not authorize an individual
to
carry a concealed pistol in this state.". The application shall
must contain all of the following:
(a) The applicant's legal name, date of birth, the address of
his
or her primary residence, and , beginning December 1, 2015, his
or her state-issued driver license or personal identification card
number.
Until November 30, 2015, if the applicant resides in a
city,
village, or township that has a police department, the name
of
the police department.
(b) A statement by the applicant that the applicant meets the
criteria for a license under this act to carry a concealed pistol.
(c)
Until November 30, 2015, a statement by the applicant
authorizing
the concealed weapon licensing board 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. Beginning December 1, 2015, a A statement by the
applicant authorizing the department of state police to access any
record needed to perform the verification in subsection (6).
(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.
(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) if the
applicant was convicted of that misdemeanor in the 8 years
immediately preceding the date of the application, or a misdemeanor
listed under subsection (7)(i) if the applicant was convicted of
that misdemeanor in the 3 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.Armed
Forces.
(g)
Until November 30, 2015, if the applicant seeks a
temporary
license, the facts supporting the issuance of that
temporary
license.
(h)
Until November 30, 2015, the names, residential addresses,
and
telephone numbers of 2 individuals who are references for the
applicant.
(g) (i)
Until November 30, 2015, a passport-quality photograph
of
the applicant provided by the applicant at the time of
application.
Beginning December 1, 2015, if If
an applicant does
not have a digitized photograph on file with the secretary of
state, a passport-quality photograph of the applicant provided by
the applicant at the time of application.
(h) (j)
A certificate stating that the
applicant has completed
the training course prescribed by this act.
(2) The county clerk shall not require the applicant to submit
any additional forms, documents, letters, or other evidence of
eligibility for obtaining a license to carry a concealed pistol
except as set forth in subsection (1) or as otherwise provided for
in
this act. The application form shall must 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 county clerk shall retain a copy of each application
for a license to carry a concealed pistol as an official record.
One year after the expiration of a concealed pistol license, the
county clerk may destroy the record and maintain only a name index
of the record.
(5)
Until November 30, 2015, each applicant shall pay a
nonrefundable
application and licensing fee of $105.00 by any
method
of payment accepted by that county for payments of other
fees
and penalties. Beginning December 1, 2015, each Each applicant
shall pay an application and licensing fee of $100.00 by any method
of payment accepted by that county for payments of other fees and
penalties. Except as provided in subsection (9), 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 applicant shall pay the application and
licensing
fee shall be payable to the county. Until November 30,
2015,
the county treasurer shall deposit $15.00 of each application
and
licensing fee collected under this section in the general fund
of
the county and credit that deposit to the credit of the county
sheriff
and deposit $26.00 of each fee collected under this section
in
the concealed pistol licensing fund of that county created in
section
5x. Beginning December 1, 2015, the The county treasurer
shall deposit $26.00 of each application and licensing fee
collected under this section in the concealed pistol licensing fund
of that county 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 must be credited to the department of state police.
(6)
Until November 30, 2015, 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 report his or
her
finding to the concealed weapon licensing board. Beginning
December
1, 2015, the The department of state police shall verify
the requirements of subsection (7)(d), (e), (f), (h), (i), (j),
(k), and (m) through the law enforcement information network and
the national instant criminal background check system and shall
report to the county clerk all statutory disqualifications, if any,
under
this act that apply to an applicant. Until November 30, 2015,
if
the applicant resides in a city, village, or township that has a
police
department, the concealed weapon licensing board shall
contact
that city, village, or township police department to
determine
only whether that city, village, or township police
department
has any information relevant to the investigation of
whether
the applicant is eligible under this act to receive a
license
to carry a concealed pistol. Until November 30, 2015, the
concealed
weapon licensing board may require a person claiming
active
duty status with the United States armed forces under this
section
to provide proof of 1 or both of the following:
(a)
The person's home of record.
(b)
Permanent active duty assignment in this state.
(7)
Until November 30, 2015, the concealed weapon licensing
board
and, beginning December 1, 2015, the The county clerk shall
issue and shall send by first-class mail a license to an applicant
to carry a concealed pistol within the period required under this
act
if the concealed weapon licensing board or county clerk
determines that all of the following circumstances exist:
(a) The applicant is 21 years of age or older, or if the
applicant is applying for a provisional license, the applicant is
at least 18 years old but less than 21 years old.
(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. Until
November
30, 2015, the concealed weapon licensing board may waive
the
6-month residency requirement for a temporary license under
section
5a(8) if the concealed weapon licensing board determines
that
there is probable cause to believe that 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. Until November 30, 2015, if
the
applicant holds a valid concealed pistol license issued by
another
state at the time the applicant's residency in this state
is
established, the concealed weapon licensing board may 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. Until November 30, 2015, the concealed weapon
licensing
board shall immediately issue a temporary license to that
applicant.
Until November 30, 2015, the temporary license is valid
until
the concealed weapon licensing board decides whether to grant
or
deny the application. Beginning December 1, 2015, the The county
clerk shall waive the 6-month residency requirement for an
emergency license under section 5a(4) if the applicant is a
petitioner for a personal protection order issued under section
2950 or 2950a of the revised judicature act of 1961, 1961 PA 236,
MCL 600.2950 and 600.2950a, or if the county sheriff determines
that there is clear and convincing evidence to believe that the
safety of the applicant or the safety of a member of the
applicant's family or household is endangered by the applicant's
inability to immediately obtain a license to carry a concealed
pistol.
Beginning December 1, 2015, if 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 county
clerk
shall waive the 6-month waiting period residency requirement
and the applicant may apply for a concealed pistol license at the
time the applicant's residency in this state is established. For
the
purposes of this section, a person an individual is considered
a legal resident of this state if any of the following apply:
(i) The person individual has a valid,
lawfully obtained
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 individual is lawfully
registered to vote in
this state.
(iii) The person individual is on active duty
status with the
United
States armed forces Armed
Forces and is stationed outside of
this
state, but the person's individual's
home of record is in this
state.
(iv) The person individual is on active duty
status with the
United
States armed forces Armed
Forces and is permanently
stationed
in this state, but the person's individual'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.
(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 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.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 and a charge for a misdemeanor
violation of any of the following is not pending against the
applicant in this state or elsewhere at the time he or she applies
for a license described in this section:
(i) Section 617a (failing to stop when involved in a personal
injury accident), section 625 as punishable under subsection (9)(b)
of that section (operating while intoxicated, second offense),
section 625m as punishable under subsection (4) of that section
(operating a commercial vehicle with alcohol content, second
offense), section 626 (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) Section 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) 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) 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).
(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 as punishable
under subsection (8)(b) of that section (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) Section 7403 of the public health code, 1978 PA 368, MCL
333.7403 (possession of controlled substance, controlled substance
analogue, or prescription form).
(vii) Section 353 of the railroad code of 1993, 1993 PA 354,
MCL 462.353, 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) Section 7 of 1978 PA 33, MCL 722.677 (displaying
sexually explicit matter to minors).
(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(7) (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) 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 (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) and a charge for a misdemeanor
violation of any of the following is not pending against the
applicant in this state or elsewhere at the time he or she applies
for a license described in this section:
(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 punishable under subsection (3) of that
section (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) Section 185 of the aeronautics code of the state of
Michigan, 1945 PA 327, MCL 259.185 (operating aircraft under the
influence).
(iii) Section 81134 (operating ORV under the influence or
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 and
324.82127.
(iv) Part 74 of the public health code, 1978 PA 368, MCL
333.7401 to 333.7461 (controlled substance violation).
(v) Section 353 of the railroad code of 1993, 1993 PA 354, MCL
462.353, punishable under subsection (3) of that section (operating
locomotive under the influence).
(vi) Section 167 (disorderly person), section 174
(embezzlement), section 218 (false pretenses with intent to
defraud), section 356 (larceny), section 356d (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) 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 (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 is not currently and has never been subject
to an order of involuntary commitment in an inpatient or outpatient
setting due to mental illness.
(l) The applicant has filed a statement under subsection
(1)(d) that the applicant does not have a diagnosis of mental
illness that includes an assessment that the individual presents a
danger to himself or herself or to another at the time the
application is made, regardless of whether he or she is receiving
treatment for that illness.
(m) The applicant is not under a court order of legal
incapacity in this state or elsewhere.
(n) The applicant has a valid state-issued driver license or
personal identification card.
(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 must
not be removed from the law
enforcement information network, but may be moved to a separate
file
intended for the use of the county concealed weapon licensing
boards,
department of state police, the
courts, and other
government entities as necessary and exclusively to determine
eligibility to be licensed under this act.
(9) An individual, after submitting an application and paying
the fee prescribed under subsection (5), shall request that
classifiable fingerprints be taken by the county clerk, department
of state police, county sheriff, a local police agency, or other
entity, if the county clerk, department of state police, county
sheriff, local police agency, or other entity provides
fingerprinting
capability for the purposes of this act. Beginning
December
1, 2015, an An individual who has had classifiable
fingerprints taken under section 5a(4) does not need additional
fingerprints taken under this subsection. 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 a fee of
$15.00 by any method of payment accepted for payments of other fees
and penalties. A county clerk shall deposit any fee it accepts
under this subsection in the concealed pistol licensing fund of
that county created in section 5x. The county clerk, department of
state police, county sheriff, 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 shall provide
reasonable access to fingerprinting services during normal business
hours as is necessary to comply with the requirements of this act
if the county clerk, department of state police, county sheriff,
local police agency, or other entity provides fingerprinting
capability
for the purposes of this act. Beginning December 1,
2015,
the The entity providing fingerprinting services shall issue
the applicant a receipt at the time his or her fingerprints are
taken.
Beginning December 1, 2015, the The
county clerk, department
of state police, county sheriff, local police agency, or other
entity shall not provide a receipt under this subsection unless the
individual requesting the fingerprints provides an application
receipt
received under subsection (1). Beginning December 1, 2015,
a
A receipt under this subsection shall must contain
all of the
following:
(a)
The name of the applicant.individual.
(b) The date and time the receipt is issued.
(c) The amount paid.
(d) The name of the entity providing the fingerprint services.
(e)
The applicant's individual's
state-issued driver license
or personal identification card number.
(f) The statement "This receipt was issued for the purpose of
applying for a concealed pistol license. As provided in section 5b
of 1927 PA 372, MCL 28.425b, if a license or notice of statutory
disqualification is not issued within 45 days after the date this
receipt
was issued, this receipt shall serve serves as a concealed
pistol license for the individual named in the receipt when carried
with an official state-issued driver license or personal
identification card. The receipt is valid as a license until a
license or notice of statutory disqualification is issued by the
county clerk. This receipt does not exempt the individual named in
the receipt from complying with all applicable laws for the
purchase of firearms.".
(10)
The fingerprints shall must
be taken, under subsection
(9), 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 forward the
fingerprints taken by that entity 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.
Until November 30, 2015, within 10 days after
receiving
a report of the fingerprints from the Federal Bureau of
Investigation,
the department of state police shall provide a copy
to
the submitting sheriff's department or local police agency as
appropriate
and the clerk of the appropriate concealed weapon
licensing
board. Beginning December 1, 2015, within Within 5
business days of completing the verification under subsection (6),
the
department shall send the county clerk a list of an applicant's
individual's
statutory disqualifications under this
act. Until
November
30, 2015, and except as provided in subsection (14), the
concealed
weapon licensing board shall not issue a concealed pistol
license
until it receives the fingerprint comparison report
prescribed
in this subsection. Beginning December 1, 2015, and
except
Except as provided in section 5a(4), the county clerk shall
not issue a concealed pistol license until he or she receives the
report of statutory disqualifications prescribed in this
subsection.
Beginning December 1, 2015, if If
an individual's
fingerprints are not classifiable, the department of state police
shall, at no charge, take the individual's fingerprints again or
provide for the comparisons under this subsection to be conducted
through
alternative means. Until November 30, 2015, the concealed
weapon
licensing board may deny a license if an individual's
fingerprints
are not classifiable by the Federal Bureau of
Investigation.
Beginning December 1, 2015, the The
county clerk
shall not issue a notice of statutory disqualification because an
individual's fingerprints are not classifiable by the Federal
Bureau of Investigation.
(11)
Until November 30, 2015, the concealed weapon licensing
board
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. Beginning December 1, 2015, the The county
clerk shall send by first-class mail a notice of statutory
disqualification
for a license under this act to an applicant
individual
if the applicant individual 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)
Until November 30, 2015, and subject to subsections (10)
and
(14), the concealed weapon licensing board 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). Beginning December 1, 2015, and subject
Subject to subsection (10), the department of state police shall
complete the verification required under subsection (6) and the
county clerk shall issue a license or a notice of statutory
disqualification within 45 days after the date the applicant has
classifiable
fingerprints taken under subsection (9). Beginning
December
1, 2015, the The county clerk shall include an indication
on the license if an individual is exempt from the prohibitions
against carrying a concealed pistol on premises described in
section 5o if the applicant provides acceptable proof that he or
she
qualifies for that exemption. Until November 30, 2015, if the
concealed
weapon licensing board denies issuance of a license to
carry
a concealed pistol, or beginning December 1, 2015, if If the
county clerk issues a notice of statutory disqualification, the
concealed
weapon licensing board or the county
clerk , as
appropriate,
shall within 5 business days do all
of the following:
(a)
Inform the applicant individual
in writing of the reasons
for the denial or disqualification. Information under this
subdivision
shall must include all of the following:
(i) Until November 30, 2015, a statement of the
specific and
articulable
facts supporting the denial. Beginning December 1,
2015,
a A statement of each statutory disqualification
identified.
(ii) Until November 30, 2015, copies of any
writings,
photographs,
records, or other documentary evidence upon which the
denial
is based. Beginning December 1, 2015, the The source of the
record for each statutory disqualification identified.
(iii) Beginning December 1, 2015, the The contact
information
for the source of the record for each statutory disqualification
identified.
(b) Inform the applicant in writing of his or her right to
appeal the denial or notice of statutory disqualification to the
circuit court as provided in section 5d.
(c)
Beginning December 1, 2015, inform Inform the applicant
individual that he or she should contact the source of the record
for any statutory disqualification to correct any errors in the
record resulting in the statutory disqualification.
(14)
Until November 30, 2015, if the fingerprint comparison
report
is not received by the concealed weapon licensing board
within
60 days after the fingerprint report is forwarded to the
department
of state police by the Federal Bureau of Investigation,
the
concealed weapon licensing board shall issue a temporary
license
to carry a concealed pistol to the applicant if the
applicant
is otherwise qualified for a license. Until November 30,
2015,
a temporary license issued under this section is valid for
180
days or until the concealed weapon licensing board receives the
fingerprint
comparison report provided under subsection (10) and
issues
or denies issuance of a license to carry a concealed pistol
as
otherwise provided under this act. Until November 30, 2015, 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. Beginning December 1, 2015, if If a
license or notice of statutory disqualification is not issued under
subsection
(13) within 45 days after the date the applicant
individual has classifiable fingerprints taken under subsection
(9),
the receipt issued under subsection (9) shall serve serves as
a concealed pistol license for purposes of this act when carried
with a state-issued driver license or personal identification card
and is valid until a license or notice of statutory
disqualification is issued by the county clerk.
(15) If an individual licensed under this act to carry a
concealed pistol moves to a different county within this state, his
or her license remains valid until it expires or is otherwise
suspended
or revoked under this act. Beginning December 1, 2015, an
An individual may notify a county clerk that he or she has moved to
a different address within this state for the purpose of receiving
the notice under section 5l(1). A license to carry a concealed
pistol that is lost, stolen, or defaced may be replaced by the
issuing county clerk for a replacement fee of $10.00. A county
clerk shall deposit a replacement fee under this subsection in the
concealed pistol licensing fund of that county created in section
5x.
(16) If a license issued under this act is suspended or
revoked, the license is forfeited and the individual shall return
the license to the county clerk forthwith by mail or in person.
Beginning
December 1, 2015, the The county clerk shall retain a
suspended or revoked license as an official record 1 year after the
expiration of the license, unless the license is reinstated or a
new
license is issued. Beginning December 1, 2015, the The county
clerk shall notify the department of state police if a license is
suspended
or revoked. Beginning December 1, 2015, the The
department of state police shall enter that suspension or
revocation into the law enforcement information network. 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 not to exceed $1.00. The county clerk shall deposit
any fee collected under this subsection in the concealed pistol
licensing fund of that county created in section 5x.
(18) This section does not prohibit the county clerk from
making public and distributing to the public at no cost lists of
individuals who are certified as qualified instructors as
prescribed under section 5j.
(19)
Beginning December 1, 2015, a A
county clerk issuing an
initial license or renewal license under this act shall mail the
license to the licensee by first-class mail in a sealed envelope.
Beginning
December 1, 2015, upon Upon payment of the fee under
subsection (15), a county clerk shall issue a replacement license
in person at the time of application for a replacement license
unless the applicant requests that it be delivered by first-class
mail.
(20) A county clerk, county sheriff, county prosecuting
attorney, police department, or the department of state police is
not liable for civil damages as a result of the issuance of a
license under this act to an individual who later commits a crime
or a negligent act.
(21)
Beginning December 1, 2015, an An
individual licensed
under this act to carry a concealed pistol may voluntarily
surrender
that license without explanation. Beginning December 1,
2015,
a A county clerk shall retain a surrendered license as
an
official record for 1 year after the license is surrendered.
Beginning
December 1, 2015, if If an individual voluntarily
surrenders a license under this subsection, the county clerk shall
notify
the department of state police. Beginning December 1, 2015,
the
The department of state police shall enter into the law
enforcement information network that the license was voluntarily
surrendered and the date the license was voluntarily surrendered.
(22) As used in this section:
(a) "Acceptable proof" means any of the following:
(i) For a retired police officer or retired law enforcement
officer, the officer's retired identification or a letter from a
law enforcement agency stating that the retired police officer or
law enforcement officer retired in good standing.
(ii) For an individual who is employed or contracted by an
entity described under section 5o(1) to provide security services,
a letter from that entity stating that the employee is required by
his or her employer or the terms of a contract to carry a concealed
firearm on the premises of the employing or contracting entity and
his or her employee identification.
(iii) For an individual who is licensed as a private
investigator or private detective under the professional
investigator licensure act, 1965 PA 285, MCL 338.821 to 338.851,
his or her license.
(iv) For an individual who is a corrections officer of a
county sheriff's department, his or her employee identification and
a letter stating that the individual has received county sheriff
approved weapons training.
(v) For an individual who is a retired corrections officer of
a county sheriff's department, a letter from the county sheriff's
office stating that the retired corrections officer retired in good
standing and that the individual has received county sheriff
approved weapons training.
(vi) For an individual who is a motor carrier officer or
capitol security officer of the department of state police, his or
her employee identification.
(vii) For an individual who is a member of a sheriff's posse,
his or her identification.
(viii) For an individual who is an auxiliary officer or
reserve officer of a police or sheriff's department, his or her
employee identification.
(ix) For an individual who is a parole, probation, or
corrections officer, or absconder recovery unit member, of the
department of corrections, his or her employee identification and
proof that the individual obtained a Michigan department of
corrections weapons permit.
(x) For an individual who is a retired parole, probation, or
corrections officer, or retired absconder recovery unit member, of
the department of corrections, a letter from the department of
corrections stating that the retired parole, probation, or
corrections officer, or retired absconder recovery unit member,
retired in good standing and proof that the individual obtained a
Michigan department of corrections weapons permit.
(xi) For a state court judge or state court retired judge, a
letter from the judicial tenure commission stating that the state
court judge or state court retired judge is in good standing.
(xii) For an individual who is a court officer, his or her
employee identification.
(xiii) For a retired federal law enforcement officer, the
identification required under the law enforcement officers safety
act or a letter from a law enforcement agency stating that the
retired federal law enforcement officer retired in good standing.
(b) "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.
(c) "Felony" means, except as otherwise provided in this
subdivision, 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. Felony does not include a violation of a penal
law of this state that is expressly designated as a misdemeanor.
(d) "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.
(e) "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.
(f) "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 must
be in a form, with the same dimensions as a Michigan operator
license,
prescribed by the department of state police. Beginning
December
1, 2015, the The license shall must be constructed of
plastic
laminated paper or hard plastic. No A county clerk shall
not
charge an additional fee shall be
charged for the license
unless otherwise prescribed in this act. A county clerk may charge
a
fee not to exceed $10.00 may be
charged for an optional hard
plastic license only if the county clerk also provides the option
of obtaining a plastic laminated paper license at no charge. A
county clerk shall deposit a fee collected under this subsection in
the concealed pistol licensing fund of that county created in
section
5x. The license shall must
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) The licensee's state-issued driver license or personal
identification card number.
(f) The premises on which carrying a concealed pistol is
prohibited under section 5o.
(g) The peace officer disclosure required under section 5f(3).
(h)
An indication whether the license is a duplicate, or an
emergency license, or a provisional license.
(i) If the license is an emergency license, an indication that
the emergency license does not exempt the individual from complying
with all applicable laws for the purchase of firearms.
(2) The department of state police or a county clerk shall not
require a licensee's signature to appear on a license to carry a
concealed pistol.
(3) Subject to section 5o and except as otherwise provided by
law, a license to carry a concealed pistol issued by the county
clerk authorizes the licensee to do all of the following:
(a) Carry a pistol concealed on or about his or her person
anywhere in this state.
(b) Carry a pistol in a vehicle, whether concealed or not
concealed, anywhere in this state.
(4) The secretary of state shall make a digitized photograph
taken of the applicant for a driver license or personal
identification card available to the department for use under this
act. The department shall provide the photograph of the applicant
received from the secretary of state to the county clerk who shall
use the photograph on the individual's license unless the applicant
does not have a digitized photograph on file with the secretary of
state. If an applicant does not have a digitized photograph on file
with the secretary of state, the applicant shall provide a
passport-quality photograph of the applicant as provided under
section 5b(1).
Sec.
5l. (1) A Except for a provisional license, a license to
carry a concealed pistol, 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. Beginning December 1, 2015, the A provisional
license is valid only until the applicant turns 21 years old. The
county clerk shall notify the licensee that his or her license is
about to expire and may be renewed as provided in this section. The
county
clerk shall send the notification shall
be sent by the
county
clerk to the last known address of
the licensee as shown on
the
records of the county clerk . The notification shall be sent in
a sealed envelope by first-class mail not less than 3 months or
more than 6 months before the expiration date of the current
license. Except as provided in this section, a renewal of a license
under
section 5b shall must be issued in the same manner as an
original
license issued under section 5b. Beginning December 1,
2015,
an 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 1-year period before the date of application under this
section.
Beginning December 1, 2015, each Each applicant who
submits an application for a renewal license to a county clerk
under this section shall pay an application and licensing fee of
$115.00 by any method of payment accepted by that county for
payments of other fees and penalties. 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 applicant shall pay the application and
licensing
fee shall be payable to the county. The county treasurer
shall deposit $36.00 of each fee collected under this subsection in
the concealed pistol licensing fund of that county 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.
(2) Subject to subsections (8) and (9), 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. No
later than December 1, 2018, the department of state police shall
provide a system for an applicant to submit his or her application
to renew a license to carry a concealed pistol online or by first-
class mail and shall accept those applications on behalf of the
county clerk as required under this act at no additional charge.
Each applicant who submits a renewal license online or by first-
class mail to the department of state police under this section
shall pay an application and licensing fee of $115.00 by any method
of payment accepted by the department of state police. No other
charge, fee, cost, or assessment is required of the applicant
except as specifically authorized in this act. The applicant shall
pay
the application and licensing fee shall
be payable to the
state. The state treasurer shall forward $36.00 of each fee
collected under this subsection to the county treasurer who shall
deposit the $36.00 in the concealed pistol licensing fund of that
county created in section 5x. 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
notify the county clerk of the county in which the applicant
resides of a properly submitted online application or application
by
first-class mail received by the department. Beginning December
1,
2015, if If the county clerk issues a renewal license under this
section, the county clerk shall send the license to the licensee by
first-class
mail in a sealed envelope. If the concealed weapon
licensing
board approves or county clerk
issues the renewal, the
effective date of the renewal license is the date of expiration of
the
current license or the date of approval or issue of the county
clerk issued 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)
Until November 30, 2015, the concealed weapon licensing
board
shall issue or deny issuance of a renewal license within 60
days
after the application for renewal is properly submitted. The
county
clerk shall issue the applicant a receipt for his or her
renewal
application at the time the application is submitted to the
county
clerk. Beginning December 1, 2015, the The department of
state police shall complete the verification required under section
5b(6) and the county clerk shall issue a renewal license or a
notice of statutory disqualification within 30 days after the date
the renewal application was received. Beginning on the date the
department of state police establishes a system under subsection
(2), the department of state police shall provide an applicant a
digital receipt, or a receipt by first-class mail if requested, for
his or her renewal application submitted online at the time the
application is received by the department of state police.
Beginning on the date the department of state police establishes a
system under subsection (2), the department of state police shall
mail an applicant a receipt by first-class mail for his or her
renewal application submitted by first-class mail at the time the
application is received by the department of state police. The
receipt
issued under this subsection shall must 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)
Beginning December 1, 2015, the The
applicant's state-
issued driver license or personal identification card number.
(e)
Until November 30, 2015, the statement that the receipt is
for
a license renewal. Beginning December 1, 2015, the The
statement "This receipt was issued for the purpose of renewal of a
concealed pistol license. As provided in section 5l of 1927 PA 372,
MCL 28.425l, this receipt shall serve as a concealed pistol license
for the individual named in the receipt when carried with the
expired license and is valid until a license or notice of statutory
disqualification is issued by the county clerk. This receipt does
not exempt the individual named in the receipt from complying with
all applicable laws for the purchase of firearms.".
(f)
Until November 30, 2015, a statement of whether the
applicant
qualifies for an extension under subsection (5).
(f) (g)
The name of the county in which the
receipt is issued,
if applicable.
(g) (h)
An impression of the county seal,
if applicable.
(4) Until November 30, 2018, a member of the United States
armed
forces, Armed Forces, the United States armed forces reserve,
Armed Forces Reserve, or the Michigan National Guard who is on
orders to a duty station outside of this state may submit his or
her application to renew a license to carry a concealed pistol by
first-class mail, containing the required fee, a notarized
application, the licensee's address of record within the state, the
licensee's orders to report to a duty station outside of this
state, and if the licensee desires to have his or her application
receipt, renewal license, or any other notices mailed to his or her
address of assignment or deployment, a letter requesting that
action including the address of assignment or deployment. If the
concealed
weapon licensing board approves or a county
clerk issues
a renewal license under this section, the county clerk shall send
the license to the licensee by first-class mail in a sealed
envelope.
If the licensee is a member of the United States armed
forces,
Armed Forces, the United States armed forces reserve, Armed
Forces Reserve, or the Michigan National Guard who is on orders to
a duty station outside of this state and requests that his or her
license be sent to the address of assignment or deployment, the
county clerk shall mail the license to the licensee at the address
of assignment or deployment provided in the renewal application.
Until November 30, 2018, if a renewal application is submitted by a
member
of the United States armed forces, Armed Forces, the United
States
armed forces reserve, Armed
Forces Reserve, or the Michigan
National Guard who is on orders to a duty station outside of this
state, the county clerk shall mail a receipt to the licensee by
first-class mail.
(5)
Until November 30, 2015, if the concealed weapon licensing
board
fails to deny or issue a renewal license to the person within
60
days as required under subsection (4), 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. Beginning December 1, 2015, if
If an individual applies for a renewal license before the
expiration of his or her license, the expiration date of the
current license is extended until the renewal license or notice of
statutory
disqualification is issued. Beginning December 1, 2015,
the
The county clerk shall notify the department of state
police in
a manner prescribed by the department of state police after he or
she
receives an application for renewal. Beginning December 1,
2015,
the The department of state police shall immediately enter
into the law enforcement information network the date that
application for renewal was submitted and that the renewal
application is pending.
(6)
A person An individual carrying a concealed pistol after
the expiration date of his or her license under an extension under
subsection (5) shall keep the receipt issued by the county clerk
under subsection (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 or a notice of statutory disqualification is
issued.
(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.
(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.
Beginning December 1, 2015, the 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. Beginning
December
1, 2015, an An applicant is not required to verify the
statements made under this subsection and is not required to obtain
a certificate or undergo training other than as required by this
subsection.
(9) 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.