Bill Text: MI SB1047 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Weapons; concealed; penalties for failure to surrender concealed pistol license within certain number of days after notification of suspension; modify. Amends sec. 8 of 1927 PA 372 (MCL 28.428).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-06-06 - Referred To Committee On Government Operations [SB1047 Detail]
Download: Michigan-2017-SB1047-Introduced.html
SENATE BILL No. 1047
June 6, 2018, Introduced by Senator JONES 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 section 8 (MCL 28.428), as amended by 2017 PA 95.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8. (1) The county clerk in the county in which a license
was issued to an individual to carry a concealed pistol shall
suspend, revoke, or reinstate a license as required under this act
if ordered by a court or if the county clerk is notified by a law
enforcement agency, prosecuting official, or court of a change in
the licensee's eligibility to carry a concealed pistol under this
act.
(2) If a county clerk is notified by a law enforcement agency,
prosecuting official, or court that an individual licensed to carry
a concealed pistol is charged with a felony or charged with a
misdemeanor listed in section 5b(7)(h) or (i), the county clerk
shall immediately suspend the individual's license until there is a
final disposition of the charge for that offense. The county clerk
shall send notice by first-class mail in a sealed envelope of that
suspension to the individual's last known address as indicated in
the records of the county clerk. The notice must include the
statutory reason for the suspension, the source of the record
supporting that suspension, the length of the suspension, and whom
to contact for reinstating the license on expiration of the
suspension, correcting errors in the record, or appealing the
suspension. If a county clerk suspended a license under this
subsection and the individual is acquitted of the charge or the
charge is dismissed, the individual shall notify the county clerk
who shall automatically reinstate the license if the license is not
expired and the individual is otherwise qualified to receive a
license to carry a concealed pistol, as verified by the department
of state police. A county clerk shall not charge a fee for the
reinstatement of a license under this subsection.
(3) The department of state police shall notify the county
clerk in the county in which a license was issued to an individual
to carry a concealed pistol if the department of state police
determines that there has been a change in the individual's
eligibility under this act to receive a license to carry a
concealed pistol. The county clerk shall suspend, revoke, or
reinstate the license as required under this act and immediately
send notice of the suspension, revocation, or reinstatement under
this subsection by first-class mail in a sealed envelope to the
individual's last known address as indicated on the records of the
county clerk. The notice must include the statutory reason for the
suspension, revocation, or reinstatement, the source of the record
supporting the suspension, revocation, or reinstatement, the length
of the suspension or revocation, and whom to contact for correcting
errors in the record, appealing the suspension or revocation, and
reapplying for that individual's license. The department of state
police shall immediately enter that suspension, revocation, or
reinstatement into the law enforcement information network.
(4) If a suspension is imposed under this section, the
suspension must be for a period stated in years, months, or days,
or until the final disposition of the charge, and state the date
the
suspension will end, if applicable. The licensee shall promptly
surrender his or her license to the county clerk within 15 days
after being notified that his or her license has been revoked or
suspended. An individual who fails to surrender a license as
required under this subsection within 15 days 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. An individual who
is convicted of failing to surrender a license as required under
this subsection is not eligible to receive a license to carry a
concealed pistol for 3 years after that conviction.
(5) Except as otherwise provided in subsections (2) and (6),
if a license is suspended under this section and that license was
surrendered by the licensee, upon expiration of the suspension
period, the applicant may apply for a renewal license in the same
manner as provided under section 5l. The county clerk or department
of state police, as applicable, shall issue the applicant a receipt
for his or her application at the time the application is
submitted. The receipt 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
applying for a renewal of a concealed pistol license following a
period of suspension or revocation. This receipt does not authorize
an individual to carry a concealed pistol in this state.".
(f) The name of the county in which the receipt is issued, if
applicable.
(g) An impression of the county seal, if applicable.
(6) If a license is suspended because of an order under
section 5b(7)(d)(iii) and that license was surrendered by the
licensee, upon expiration of the order and notification to the
county clerk, the county clerk shall automatically reinstate the
license if the license is not expired and the department of state
police has completed the verification required under section 5b(6).
The county clerk shall not charge a fee for the reinstatement of a
license under this subsection.
(7) If the court orders a county clerk to suspend, revoke, or
reinstate a license under this section or amends a suspension,
revocation, or reinstatement order, the county clerk shall
immediately notify the department of state police in a manner
prescribed by the department of state police. The department of
state police shall enter the order or amended order into the law
enforcement information network.
(8) A suspension or revocation order or amended order issued
under this section is immediately effective. However, an individual
is not criminally liable for violating the order or amended order
unless he or she has received notice of the order or amended order.
(9) If an individual is carrying a pistol in violation of a
suspension or revocation order or amended order issued under this
section but has not previously received notice of the order or
amended order, the individual must be informed of the order or
amended order and be given an opportunity to properly store the
pistol or otherwise comply with the order or amended order before
an arrest is made for carrying the pistol in violation of this act.
(10) If a law enforcement agency or officer notifies an
individual of a suspension or revocation order or amended order
issued under this section who has not previously received notice of
the order or amended order, the law enforcement agency or officer
shall enter a statement into the law enforcement information
network that the individual has received notice of the order or
amended order under this section.
