BillCam

HOUSE BILL No. 4194

February 14, 2019, Introduced by Reps. VanSingel and Lower 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 section 5l (MCL 28.425l), as amended by 2017 PA 95.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 5l. (1) A license to carry a concealed pistol, including

a renewal license, issued before January 1, 2016, 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 license to carry a concealed pistol, including a

renewal license, issued on or after January 1, 2016, is valid until

the applicant's date of birth that falls not less than 9 years or

more than 10 years after the license is issued or renewed, as

applicable. The county clerk shall notify the licensee that his or

her license is about to expire and may be renewed as provided in

this section. The county clerk shall send the notification 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

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 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. 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 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 one of the

following:

(a) For licenses renewed before January 1, 2016, 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.

(b) For licenses renewed on or after January 1, 2016, the

applicant's date of birth, which is not less than 9 years or more

than 10 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 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 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.

(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.

(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 carrying a concealed pistol after the

expiration date of his or her 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 license in his or

her possession at all times that he or she is carrying the pistol.

For the purposes of this act, the receipt is considered to be part

of the license to carry a concealed pistol until a renewal license

is issued or denied or a notice of statutory disqualification is

issued.

(7) (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.