Bill Text: MI HB4021 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Weapons: licensing; lifetime concealed pistol license; provide for. Amends secs. 5b, 5c, 5d, 5e & 5l of 1927 PA 372 (MCL 28.425b et seq.) & repeals sec. 5h of 1927 PA 372 (MCL 28.425h).
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2019-03-15 - Bill Electronically Reproduced 01/10/2019 [HB4021 Detail]
Download: Michigan-2019-HB4021-Introduced.html
HOUSE BILL No. 4021
January 10, 2019, Introduced by Reps. Hoitenga and LaFave and referred to the Committee on Government Operations.
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, 5d, 5e, and 5l (MCL 28.425b, 28.425c,
28.425d, 28.425e, and 28.425l), sections 5b and 5l as amended by
2017 PA 95 and sections 5c, 5d, and 5e as amended by 2015 PA 3; and
to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5b. (1) To obtain a standard or lifetime 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 must be on a form provided by the director
of the department of state police and allow the applicant to
designate whether the applicant seeks an emergency license, a
standard license, or a lifetime license. The applicant shall sign
the application under oath. The county clerk or his or her
representative shall administer the oath. 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). 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. A completed application
and all receipts issued under this section expire 1 year from the
date of application. 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 must contain all of the following:
(a) The applicant's legal name, date of birth, the address of
his or her primary residence, and his or her state-issued driver
license or personal identification card number.
(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 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.
(g) 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) 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 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 a name index of the record
shall
must be maintained in the database created in section 5e.
(5) Each applicant shall pay a nonrefundable application and
licensing fee of $100.00 for a standard license or $150.00 for a
lifetime license, 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 to the
county. 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 must be credited
to the department of state police.
(6) 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.
(7)
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 county clerk determines
that all of the following circumstances exist:
(a) The applicant is 21 years of age or older.
(b) The applicant is a citizen of the United States or is an
alien lawfully admitted into the United States, is a legal resident
of this state, and has resided in this state for not less than the
6 months immediately preceding the date of application. The 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. 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
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, an individual is
considered a legal resident of this state if any of the following
apply:
(i) The 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 individual is lawfully registered to vote in this
state.
(iii) The individual is on active duty status with the United
States Armed Forces and is stationed outside of this state, but the
individual's home of record is in this state.
(iv) The individual is on active duty status with the United
States Armed Forces and is permanently stationed in this state, but
the 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. For an applicant applying for a lifetime license, a
copy of a valid standard license or a standard license that expired
not more than 1 year before applying for the lifetime license is
proof of compliance with section 5j.
(d) Based solely on the report received from the department of
state police under subsection (6), 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) Based solely on the report received from the department of
state police under subsection (6), 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) Based solely on the report received from the department of
state police under subsection (6), 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) Based solely on the report received from the department of
state police under subsection (6), 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 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,
750.232a, 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 226a 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) Based solely on the report received from the department of
state police under subsection (6), 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) Based solely on the report received from the department of
state police under subsection (6), 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) Based solely on the report received from the department of
state police under subsection (6), 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) Based solely on the report received from the department of
state police under subsection (6), 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 must not be removed from the law
enforcement information network, but may be moved to a separate
file intended for the use of the 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 a county clerk, the
department of state police, a 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. An
individual who has had classifiable fingerprints taken under
section 5a(4) does not need additional fingerprints taken under
this subsection. An individual applying for a lifetime license
whose fingerprints are on file from obtaining a standard license
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. The entity
providing fingerprinting services shall issue the individual a
receipt at the time his or her fingerprints are taken. 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). A
receipt under this subsection must contain all of the following:
(a) The name of the 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 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 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 must be taken, under subsection (9), in
a manner prescribed by the department of state police. The county
clerk, county sheriff, local police agency, or other entity shall
immediately 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. Within 5 business days after
completing the verification under subsection (6), the department
shall send the county clerk a list of an individual's statutory
disqualifications under this act. 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. 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. 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) The county clerk shall send by first-class mail a notice
of statutory disqualification for a license under this act to an
individual if the 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) 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
individual has classifiable fingerprints taken under subsection
(9). 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. If the county clerk receives notice from a county
sheriff or chief law enforcement officer that a licensee is no
longer a member of a sheriff's posse, an auxiliary officer, or a
reserve officer, the county clerk shall notify the licensee that he
or she shall surrender the concealed pistol license indicating that
the individual is exempt from the prohibitions against carrying a
concealed pistol on premises described in section 5o. The licensee
shall, within 30 days after receiving notice from the county clerk,
surrender the license indicating that the individual is exempt from
the prohibitions against carrying a concealed pistol on premises
described in section 5o and obtain a replacement license after
paying the fee required under subsection (15). If the county clerk
issues a notice of statutory disqualification, the county clerk
shall within 5 business days do all of the following:
(a) Inform the individual in writing of the reasons for the
denial or disqualification. Information under this subdivision
shall
must include all of the following:
(i) A statement of each statutory disqualification identified.
(ii) The source of the record for each statutory
disqualification identified.
(iii) The contact information for the source of the record for
each statutory disqualification identified.
(b) Inform the individual 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) Inform the 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) If a license or notice of statutory disqualification is
not issued under subsection (13) within 45 days after the date the
individual has classifiable fingerprints taken under subsection
(9), the receipt issued under subsection (9) 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. An individual may notify a
county clerk in writing or in person 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, defaced, or replaced for any other
reason, may
including adding or removing
an exemption from section
5o, must be replaced by the issuing county clerk for a replacement
fee of $10.00. A county clerk shall allow an individual to obtain a
replacement license by mail without requiring the individual to
appear in person. If an individual wishes to transfer a license to
a new county of residence, the county clerk of that new county of
residence shall charge that individual a fee of $25.00 and issue a
new license to the individual. The county clerk is responsible for
notifying the previous county clerk that he or she is no longer
responsible for maintaining the license. 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. 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. The county
clerk shall notify the department of state police if a license is
suspended or revoked. 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) A county clerk issuing an initial standard or lifetime
license, replacement standard or lifetime license, or renewal
standard license under this act shall mail the license to the
licensee by first-class mail in a sealed envelope. 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. A county clerk may also deliver a replacement
license by first-class mail if the individual submits to the clerk
a written request and a copy of the individual's state-issued
driver license or personal identification card.
(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 issuing a license under
this act to an individual who later commits a crime or a negligent
act.
(21) An individual licensed under this act to carry a
concealed pistol may voluntarily surrender that license without
explanation. A county clerk shall retain a surrendered license as
an official record for 1 year after the license is surrendered. If
an individual voluntarily surrenders a license under this
subsection, the county clerk shall notify the department of state
police. 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) An individual may obtain both a standard license and a
lifetime license under this section.
(23) (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
18 USC 926c or a letter from a law enforcement agency stating
that the retired federal law enforcement officer retired in good
standing.
(xiv) For an individual who is a peace officer, his or her
employee identification.
(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
An additional fee shall
must not be charged for the license unless otherwise prescribed in
this
act. A fee not to exceed $10.00 may be charged for an optional
hard
plastic license only if the county clerk also provides the
option
of obtaining a plastic laminated paper license at no charge.
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 standard,
a lifetime, or an emergency 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. 5d. (1) If the county clerk issues a notice of statutory
disqualification, fails to provide a receipt that complies with
section 5b(1) or 5l(3), fails to issue a license with an exemption
as provided in section 5b(13), or fails to issue a license to carry
a concealed pistol as provided in this act, the department of state
police fails to provide a receipt that complies with section 5l(3),
or the county clerk, department of state police, county sheriff,
local police agency, or other entity fails to provide a receipt
that complies with section 5b(9), the applicant may appeal the
notice of statutory disqualification, the failure to provide a
receipt, the failure to issue a license with an exemption, 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 notice of
statutory disqualification, failure to provide a receipt, failure
to issue a license with an exemption, or failure to issue a license
shall
must be determined by a review of the record for error.
(2) If the court determines that the notice of statutory
disqualification, failure to provide a receipt that complies with
section 5b(1) or (9) or 5l(3), failure to issue a license with an
exemption, or failure to issue a license was clearly erroneous or
was arbitrary and capricious, the court shall order the county
clerk
to issue a license or receipt as required by this act. For
applications
submitted after November 30, 2015, if If the court
determines that the notice of statutory disqualification, failure
to provide a receipt that complies with section 5b(1) or (9) or
5l(3), failure to issue a license with an exemption, or failure to
issue a license was clearly erroneous, the court may order an
entity to refund any filing fees the applicant incurred in filing
the appeal, according to the degree of responsibility of that
entity.
(3)
For applications submitted before December 1, 2015, if the
court
determines that the decision of the concealed weapon
licensing
board to deny issuance of a license to an applicant was
arbitrary
and capricious, the court shall order this state to pay
1/3
and the county in which the concealed weapon licensing board is
located
to pay 2/3 of the actual costs and actual attorney fees of
the
applicant in appealing the denial. For applications submitted
on
or after December 1, 2015, if If
the court under subsection (2)
determines that the notice of statutory disqualification, failure
to provide a receipt that complies with section 5b(1) or (9) or
5l(3), failure to issue a license with an exemption, or failure to
issue a license to an applicant was arbitrary and capricious, the
court shall order the county clerk, the entity taking the
fingerprints, or the state to pay the actual costs and actual
attorney fees of the applicant in appealing the notice of statutory
disqualification, failure to provide a receipt that complies with
section 5b(1) or (9) or 5l(3), failure to issue a license with an
exemption, or failure to issue a license, according to the degree
of responsibility of the county clerk, the entity taking the
fingerprints, or the state.
(4) If the court determines that an applicant's appeal was
frivolous, the court shall order the applicant to pay the actual
costs and actual attorney fees of the county clerk, entity taking
the fingerprints, or the state 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
must contain only the following information as to each
individual:
(a) The individual's name, date of birth, address, county of
residence, and state-issued driver license or personal
identification card number.
(b) If the individual is licensed to carry a concealed pistol
in this state, the license number and date of expiration, if
applicable.
(c) Except as provided in subsection (2), if the individual
was denied a license to carry a concealed pistol after July 1, 2001
or issued a notice of statutory disqualification, a statement of
the reasons for that denial or notice of statutory
disqualification.
(d) A statement of all criminal charges pending and criminal
convictions obtained against the individual during the license
period.
(e) A statement of all determinations of responsibility for
civil infractions of this act pending or obtained against the
individual during the license period.
(f) The status of the individual's application or license.
(2) If an individual who was denied a license to carry a
concealed pistol after July 1, 2001 or issued a notice of statutory
disqualification is subsequently issued a license to carry a
concealed pistol, the department of state police shall delete from
the computerized database the previous reasons for the denial or
notice of statutory disqualification.
(3) The department of state police shall enter the information
described in subsection (1)(a), (b), and (f) into the law
enforcement information network.
(4)
Information in the database shall must only be accessed
and disclosed according to an access protocol that includes the
following requirements:
(a) That the requestor of the firearms records uses the law
enforcement information network or another system that maintains a
record of the requestor's identity, time, and date that the request
was made.
(b) Requires the requestor in an intentional query by name of
the firearms records to attest that the firearms records were
sought under 1 of the lawful purposes provided in section 1b(2).
(5) The department of state police shall by January 1 of each
year file with the secretary of the senate and the clerk of the
house of representatives, and post on the department of state
police's internet website, an annual report setting forth all of
the following information for the state for the previous fiscal
year:
(a) The number of concealed pistol applications received.
(b) The number of concealed pistol licenses issued.
(c) The number of statutorily disqualified applicants.
(d) Categories for statutory disqualification under
subdivision (c).
(e) The number of concealed pistol licenses suspended or
revoked.
(f) Categories for suspension or revocation under subdivision
(e).
(g) The number of applications pending at the time the report
is made.
(h) The mean and median amount of time and the longest and
shortest amount of time used by the Federal Bureau of Investigation
to supply the fingerprint comparison report required in section
5b(10). The department may use a statistically significant sample
to comply with this subdivision.
(i) The total number of individuals licensed to carry a
concealed pistol found responsible for a civil violation of this
act, the total number of civil violations of this act categorized
by offense, the total number of individuals licensed to carry a
concealed pistol convicted of a crime, and the total number of
those criminal convictions categorized by offense.
(j) The number of suicides by individuals licensed to carry a
concealed pistol.
(k) The total amount of revenue the department of state police
has received under this act.
(l) Actual costs incurred per initial and renewal license
by
the department of state police under this act, itemized by each
statutory section of this act.
(m) A list of expenditures made by the department of state
police from money received under this act, regardless of purpose.
(n) Actual costs incurred per permit for each county clerk.
(o) The number of times the database was accessed, categorized
by the purpose for which the database was accessed.
Sec. 5l. (1) A standard 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. A lifetime license
is valid until that license is suspended or revoked as provided
under this act. The county clerk shall notify the licensee that his
or her standard license is about to expire and may be renewed as
provided in this section. The notification must 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 must 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 standard license
under section 5b must be issued in the same manner as an original
license issued under section 5b. An applicant is eligible for a
renewal of a standard 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. A holder of a lifetime
license may apply for a standard license at any time, and that
application must be treated as if it were a renewal of a standard
license. 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 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 (9) (8)
and (10), (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 The department
of state police shall provide a system for an applicant to submit
his or her application to renew a standard 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 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. 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 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
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) 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 to an individual applying for
a renewal license whose current license is not expired at the time
of application 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) The applicant's state-issued driver license or personal
identification card number.
(e) 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) The name of the county in which the receipt is issued, if
applicable.
(g) An impression of the county seal, if applicable.
(4) The receipt issued under subsection (3) to an individual
applying for a renewal license whose license is expired 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) The applicant's state-issued driver license or personal
identification card number.
(e) 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, if a license or notice of statutory
disqualification is not issued within 30 days after the date this
receipt was issued, this receipt shall serve as a concealed pistol
license for the individual named in the receipt when carried with
an official state-issued driver license or personal identification
card. The receipt is valid as a license until a license or a 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.".
(5)
Until November 30, 2018, a member of the United States
Armed
Forces, the United States 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 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, the United States
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, the United
States
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) (6)
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. The county clerk shall notify
the department of state police in a manner prescribed by the
department of state police after he or she receives an application
for renewal. The department of state police shall immediately enter
into the law enforcement information network the date that
application for renewal was submitted and that the renewal
application is pending.
(6) (7)
A person An individual carrying a concealed pistol
after the expiration date of his or her standard license under an
extension
under subsection (6) (5) shall keep the receipt issued by
the county clerk under subsection (3) and his or her expired
standard license in his or her possession at all times that he or
she is carrying the pistol under the authority of a standard
license. 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) (8)
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) (9)
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. 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) (10)
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.
Enacting section 1. Section 5h of 1927 PA 372, MCL 28.425h, is
repealed.
