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HOUSE BILL No. 6528

November 27, 2018, Introduced by Rep. LaFave 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, 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. 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 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) 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 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.

personal identification card number.

(d) (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.".

(e) (f) The name of the county in which the receipt is issued,

if applicable.

(f) (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.

personal identification card number.

(d) (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 license under an extension under subsection (6)

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.

(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.