Bill Text: MI HB5414 | 2017-2018 | 99th Legislature | Introduced

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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 1-0)

Status: (Introduced - Dead) 2018-01-17 - Bill Electronically Reproduced 01/16/2018 [HB5414 Detail]

Download: Michigan-2017-HB5414-Introduced.html

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HOUSE BILL No. 5414

 

 

January 16, 2018, Introduced by Reps. Hoitenga, Sheppard, Lucido, Rendon, Bizon, LaFave, Chirkun, Dianda, Hornberger, Phelps, Alexander, Johnson, Lower, Cole, VanSingel, Leutheuser, Hernandez and Glenn 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, 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 of the Michigan penal code, 1931 PA

 

328.

 

     (x) (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.

 

     (xi) (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).(x).

 

     (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 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) and (10), 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 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.

 

     (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.

 

     (7) A person carrying a concealed pistol after the expiration

 

date of his or her standard license under an extension under

 

subsection (6) 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.

 

     (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.

 

     (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.

 

     (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.