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.