SENATE BILL No. 219
March 7, 2017, Introduced by Senators GREEN and NOFS 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 1, 4, 5a, 5b, 5j, 5l, 5o, 6, and 8 (MCL
28.421, 28.424, 28.425a, 28.425b, 28.425j, 28.425l, 28.425o,
28.426, and 28.428), section 1 as amended by 2016 PA 301, sections
4, 5a, 5j, and 5l as amended by 2015 PA 3, sections 5b and 8 as
amended by 2015 PA 207, section 5o as amended by 2015 PA 206, and
section 6 as added by 2005 PA 242; and to repeal acts and parts of
acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) As used in this act:
(a) "Corrections officer of the department of corrections"
means a state correctional officer as that term is defined in
section 2 of the correctional officers' training act of 1982, 1982
PA 415, MCL 791.502.
(b) "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.
(c) "Firearm" means any weapon which will, is designed to, or
may readily be converted to expel a projectile by action of an
explosive.
(d) "Firearms records" means any form, information, or record
required for submission to a government agency under sections 2,
2a, 2b, and 5b, or any form, permit, or license issued by a
government agency under this act.
(e) "Local corrections officer" means that term as defined in
section 2 of the local corrections officers training act, 2003 PA
125, MCL 791.532.
(f) "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.
(g) "Parole or probation officer of the department of
corrections" means any individual employed by the department of
corrections to supervise felony probationers or parolees or that
individual's immediate supervisor.
(h) "Peace officer" means, except as otherwise provided in
this act, an individual who is employed as a law enforcement
officer, as that term is defined under section 2 of the Michigan
commission on law enforcement standards act, 1965 PA 203, MCL
28.602, by this state or another state, a political subdivision of
this state or another state, or the United States, and who is
required to carry a firearm in the course of his or her duties as a
law enforcement officer.
(i) "Pistol" means a loaded or unloaded firearm that is 26
inches or less in length, or a loaded or unloaded firearm that by
its construction and appearance conceals it as a firearm.
(j) "Purchaser" means a person who receives a pistol from
another person by purchase or gift.
(k) "Reserve peace officer", "auxiliary officer", or "reserve
officer" means, except as otherwise provided in this act, an
individual authorized on a voluntary or irregular basis by a duly
authorized police agency of this state or a political subdivision
of this state to act as a law enforcement officer, who is
responsible for the preservation of the peace, the prevention and
detection of crime, and the enforcement of the general criminal
laws of this state, and who is otherwise eligible to possess a
firearm under this act.
(l) "Retired corrections officer of the department of
corrections" means an individual who was a corrections officer of
the department of corrections and who retired in good standing from
his or her employment as a corrections officer of the department of
corrections.
(m) "Retired federal law enforcement officer" means an
individual who was an officer or agent employed by a law
enforcement agency of the United States government whose primary
responsibility was enforcing laws of the United States, who was
required to carry a firearm in the course of his or her duties as a
law enforcement officer, and who retired in good standing from his
or her employment as a federal law enforcement officer.
(n) "Retired parole or probation officer of the department of
corrections" means an individual who was a parole or probation
officer of the department of corrections and who retired in good
standing from his or her employment as a parole or probation
officer of the department of corrections.
(o) "Retired police officer" or "retired law enforcement
officer" means an individual who was a police officer or law
enforcement officer who was licensed or certified as described in
the Michigan commission on law enforcement standards act, 1965 PA
203, MCL 28.601 to 28.615, and retired in good standing from his or
her employment as a police officer or law enforcement officer. A
police officer or law enforcement officer retired in good standing
if he or she receives a pension or other retirement benefit for his
or her service as a police officer or law enforcement officer or
actively maintained a Michigan commission on law enforcement
standards or equivalent state certification or license from this
state or another state for not less than 10 consecutive years.
(p) "Seller" means a person who sells or gives a pistol to
another person.
(q) "State court judge" means a judge of the district court,
circuit court, probate court, or court of appeals or justice of the
supreme court of this state who is serving either by election or
appointment.
(r) "State court retired judge" means a judge or justice
described in subdivision (q) who is retired, or a retired judge of
the recorders court.
(2) A person may lawfully own, possess, carry, or transport as
a pistol a firearm greater than 26 inches in length if all of the
following conditions apply:
(a) The person registered the firearm as a pistol under
section 2 or 2a before January 1, 2013.
(b) The person who registered the firearm as described in
subdivision (a) has maintained registration of the firearm since
January 1, 2013 without lapse.
(c) The person possesses a copy of the license or record
issued to him or her under section 2 or 2a.
(3) A person who satisfies all of the conditions listed under
subsection (2) nevertheless may elect to have the firearm not be
considered to be a pistol. A person who makes the election under
this subsection shall notify the department of state police of the
election in a manner prescribed by that department.
Sec. 4. (1) A person An individual who is prohibited from
possessing, using, transporting, selling, purchasing, carrying,
shipping, receiving, or distributing a firearm under section
224f(2) of the Michigan penal code, 1931 PA 328, MCL 750.224f, may
apply to petition the circuit court in the county in which he or
she resides for restoration of those rights.
(2) A person An individual who is prohibited from possessing,
using, transporting, selling, carrying, shipping, or distributing
ammunition under section 224f(4) of the Michigan penal code, 1931
PA 328, MCL 750.224f, may apply to petition the circuit court in
the county in which he or she resides for restoration of those
rights.
(3) Not more than 1 application petition may be submitted
under subsection (1) or (2) in any calendar year. 12-month period.
The circuit court shall charge a fee as provided in section 2529 of
the revised judicature act of 1961, 1961 PA 236, MCL 600.2529,
unless the court waives that fee.
(4) The circuit court shall, by written order, restore the
rights of a person an individual to possess, use, transport, sell,
purchase, carry, ship, receive, or distribute a firearm or to
possess, use, transport, sell, carry, ship, or distribute
ammunition if the circuit court determines, by clear and convincing
evidence, that all of the following circumstances exist:
(a) The person individual properly submitted an application a
petition for restoration of those rights as provided under this
section.
(b) The expiration of 5 years after all of the following
circumstances:
(i) The person individual has paid all fines imposed for the
violation resulting in the prohibition.
(ii) The person individual has served all terms of
imprisonment imposed for the violation resulting in the
prohibition.
(iii) The person individual has successfully completed all
conditions of probation or parole imposed for the violation
resulting in the prohibition.
(c) The person's individual's record and reputation are such
that the person individual is not likely to act in a manner
dangerous to the safety of other persons.individuals.
Sec. 5a. (1) Beginning December 1, 2015, the county concealed
weapon licensing boards are eliminated. Each county concealed
weapon licensing board shall transfer all license applications and
official documents in its possession to the county clerk of the
county in which the board is located no later than November 30,
2015. All pending applications remain in place, are considered to
have a December 1, 2015 application date, and shall be processed by
the county clerk as provided in this act. If an applicant has an
initial or renewal application that is pending on December 1, 2015,
that applicant may request a receipt from the county clerk that
meets the requirements of section 5b(9) or 5l(3). The county clerk
shall issue that receipt by first-class mail unless requested in
person. The receipt is effective on the date the county clerk
issues that receipt. The county clerk shall not charge any
additional fee for receiving or processing an application
previously submitted to the county concealed weapon licensing
board, except as otherwise provided in this act. A license to carry
a concealed pistol issued by a concealed weapon licensing board
before December 1, 2015 is valid and remains in effect until the
expiration of that license or as otherwise provided by law.
(2) The county clerk is responsible for all of the following:
(a) Storing and maintaining all records related to issuing a
license or notice of statutory disqualification in that county.
(b) Issuing licenses to carry a concealed pistol.
(c) Issuing notices of statutory disqualification, notices of
suspensions, and notices of revocations.
(3) The department of state police shall verify under section
5b(6) whether an applicant for a license to carry a concealed
pistol is eligible to receive a license to carry a concealed
pistol.
(4) A county clerk shall issue an emergency license to carry a
concealed pistol to an applicant individual if the individual has
obtained 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 to an applicant that individual if a
county sheriff determines that there is clear and convincing
evidence to believe the safety of the applicant individual or the
safety of a member of the applicant's individual's family or
household is endangered by the applicant's individual's inability
to immediately obtain a license to carry a concealed pistol. Clear
and convincing evidence includes, but is not limited to, an
application for a personal protection order, police reports and
other law enforcement records, or written, audio, or visual
evidence of threats to the applicant individual or member of the
applicant's individual's family or household. A county clerk shall
only issue an emergency license to carry a concealed pistol to an
applicant individual who has obtained a personal protection order
if the individual is eligible under section 5b(7)(d), (e), (f),
(h), (i), (j), (k), and (m) to receive a license based on a
criminal record check through the law enforcement information
network conducted by the department of state police. The county
sheriff shall only issue a determination under this subsection to
an individual who is eligible under section 5b(7)(d), (e), (f),
(h), (i), (j), (k), and (m) to receive a license based on a
criminal record check through the law enforcement information
network and only after the county sheriff has taken the
individual's fingerprints in compliance with section 5b(9). A
county sheriff shall notify the county clerk if the county sheriff
determines that an individual is not eligible under section
5b(7)(d), (e), (f), (h), (i), (j), (k), or (m) to receive a
license. An emergency license shall must be on a form provided by
the department of state police. An applicant individual who applies
for an emergency license shall, within 10 business days of after
applying for an emergency license, complete a pistol training
course under section 5j and apply for a license under section 5b.
If an individual who applies for an emergency license does not
complete a pistol training course under section 5j and apply for a
license under section 5b within 10 business days after applying for
an emergency license, that individual's emergency license is no
longer valid. A county sheriff who makes a determination under this
section, performs a criminal record check, and takes the
applicant's fingerprints may charge a fee not to exceed $15.00. A
county clerk may charge a fee not to exceed $10.00 for printing an
emergency license. A county clerk shall deposit a fee collected by
the county clerk under this subsection in the concealed pistol
licensing fund of that county created in section 5x. An Except as
otherwise provided in this subsection, an emergency license is
unrestricted and is valid for 45 days or until the county clerk
issues a license or a notice of statutory disqualification,
whichever occurs first. Except as otherwise provided in this act,
an emergency license is, for all other purposes of this act, a
license to carry a concealed pistol. 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. An individual shall
not obtain more than 1 emergency license in any 5-year period. If a
county clerk issues a notice of statutory disqualification to an
applicant who received an emergency license under this section, the
applicant shall immediately surrender the emergency license to the
county clerk by mail or in person if that emergency license has not
expired. An individual who fails to surrender a license as required
by this subsection after he or she is notified of a statutory
disqualification 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.
(5) The legislative service bureau shall compile the firearms
laws of this state, including laws that apply to carrying a
concealed pistol, and shall provide copies of the compilation in an
electronic format to the department of state police. The department
of state police shall provide a copy of the compiled laws to each
county clerk in this state. The department of state police shall
also provide forms to appeal any notice of statutory
disqualification, or suspension or revocation of a license under
this act. The department of state police shall distribute copies of
the compilation and forms required under this subsection in an
electronic format to each county clerk. The county clerk shall
distribute a copy of the compilation and forms at no charge to each
individual who applies for a license to carry a concealed pistol at
the time the application is submitted. The county clerk may
distribute copies of the compilation and forms required under this
subsection in an electronic format. The county clerk shall require
the applicant to sign a written statement acknowledging that he or
she has received a copy of the compilation and forms provided under
this subsection. An individual is not eligible to receive a license
to carry a concealed pistol until he or she has signed the
statement.
Sec. 5b. (1) Until November 30, 2015, to obtain a license to
carry a concealed pistol, an individual shall apply to the
concealed weapon licensing board in the county in which that
individual resides. Beginning December 1, 2015, to To obtain a
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 shall must be on a form
provided by the director of the department of state police. Until
November 30, 2015, the application shall allow the applicant to
designate whether the applicant seeks a temporary license.
Beginning December 1, 2015, the application shall and allow the
applicant to designate whether the applicant seeks an emergency
license. The applicant shall sign the application shall be signed
under oath. by the applicant. The oath shall be administered by the
county clerk or his or her representative shall administer the
oath. Beginning December 1, 2015, not Not more than 1 application
may be submitted under this subsection in any calendar year.
Beginning December 1, 2015, an 12-month period. 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). Beginning December 1,
2015, an 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. Beginning December 1, 2015, a A completed
application and all receipts issued under this section expires
expire 1 year from the date of application. Beginning December 1,
2015, the 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 shall must contain all of the following:
(a) The applicant's legal name, date of birth, the address of
his or her primary residence, and, beginning December 1, 2015, his
or her state-issued driver license or personal identification card
number. Until November 30, 2015, if the applicant resides in a
city, village, or township that has a police department, the name
of the police department.
(b) A statement by the applicant that the applicant meets the
criteria for a license under this act to carry a concealed pistol.
(c) Until November 30, 2015, a statement by the applicant
authorizing the concealed weapon licensing board to access any
record, including any medical record, pertaining to the applicant's
qualifications for a license to carry a concealed pistol under this
act. The applicant may request that information received by the
concealed weapon licensing board under this subdivision be reviewed
in a closed session. If the applicant requests that the session be
closed, the concealed weapon licensing board shall close the
session only for purposes of this subdivision. The applicant and
his or her representative have the right to be present in the
closed session. Beginning December 1, 2015, a 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.Armed
Forces.
(g) Until November 30, 2015, if the applicant seeks a
temporary license, the facts supporting the issuance of that
temporary license.
(h) Until November 30, 2015, the names, residential addresses,
and telephone numbers of 2 individuals who are references for the
applicant.
(g) (i) Until November 30, 2015, a passport-quality photograph
of the applicant provided by the applicant at the time of
application. Beginning December 1, 2015, if 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) (j) 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 shall 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 maintain only a name index
of the record shall be maintained in the database created in
section 5e.
(5) Until November 30, 2015, each applicant shall pay a
nonrefundable application and licensing fee of $105.00 by any
method of payment accepted by that county for payments of other
fees and penalties. Beginning December 1, 2015, each Each applicant
shall pay an application and licensing fee of $100.00 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 shall be payable to the county. Until November 30,
2015, the county treasurer shall deposit $15.00 of each application
and licensing fee collected under this section in the general fund
of the county and credit that deposit to the credit of the county
sheriff and deposit $26.00 of each fee collected under this section
in the concealed pistol licensing fund of that county created in
section 5x. Beginning December 1, 2015, the 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 shall must be credited to the department of state police.
(6) Until November 30, 2015, the county sheriff on behalf of
the concealed weapon licensing board shall verify the requirements
of subsection (7)(d), (e), (f), (h), (i), (j), (k), (l), and (m)
through the law enforcement information network and report his or
her finding to the concealed weapon licensing board. Beginning
December 1, 2015, the 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. Until November 30, 2015,
if the applicant resides in a city, village, or township that has a
police department, the concealed weapon licensing board shall
contact that city, village, or township police department to
determine only whether that city, village, or township police
department has any information relevant to the investigation of
whether the applicant is eligible under this act to receive a
license to carry a concealed pistol. Until November 30, 2015, the
concealed weapon licensing board may require a person claiming
active duty status with the United States armed forces under this
section to provide proof of 1 or both of the following:
(a) The person's home of record.
(b) Permanent active duty assignment in this state.
(7) Until November 30, 2015, the concealed weapon licensing
board and, beginning December 1, 2015, the 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 concealed weapon licensing board or 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. Until
November 30, 2015, the concealed weapon licensing board may waive
the 6-month residency requirement for a temporary license under
section 5a(8) if the concealed weapon licensing board determines
that there is probable cause to believe that the safety of the
applicant or the safety of a member of the applicant's family is
endangered by the applicant's inability to immediately obtain a
license to carry a concealed pistol. Until November 30, 2015, 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 concealed weapon licensing board may waive the
6-month waiting period and the applicant may apply for a concealed
pistol license at the time the applicant's residency in this state
is established. Until November 30, 2015, the concealed weapon
licensing board shall immediately issue a temporary license to that
applicant. Until November 30, 2015, the temporary license is valid
until the concealed weapon licensing board decides whether to grant
or deny the application. Beginning December 1, 2015, the 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. Beginning December 1, 2015, if 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 waiting period 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, a person an individual is considered
a legal resident of this state if any of the following apply:
(i) The person 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 person individual is lawfully registered to vote in
this state.
(iii) The person individual is on active duty status with the
United States armed forces Armed Forces and is stationed outside of
this state, but the person's individual's home of record is in this
state.
(iv) The person individual is on active duty status with the
United States armed forces Armed Forces and is permanently
stationed in this state, but the person's 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.
(d) The 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) The 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) The 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.Armed Forces.
(h) The 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 232 (failure to register the purchase of a
firearm or a firearm component), 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, 750.232, 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.
(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.
(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).
(i) The 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) The 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) The 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) The 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 shall must not be removed from the law
enforcement information network, but may be moved to a separate
file intended for the use of the county concealed weapon licensing
boards, 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 the 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.
Beginning December 1, 2015, an An individual who has had
classifiable fingerprints taken under section 5a(4) 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. Beginning December 1,
2015, the The entity providing fingerprinting services shall issue
the applicant individual a receipt at the time his or her
fingerprints are taken. Beginning December 1, 2015, the 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).
Beginning December 1, 2015, a A receipt under this subsection shall
must contain all of the following:
(a) The name of the applicant.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 applicant's 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 shall must be taken, under subsection
(9), in a manner prescribed by the department of state police. The
fingerprints taken by a county clerk, county sheriff, local police
agency, or other entity shall be immediately forwarded 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. Until November 30, 2015, within 10 days after
receiving a report of the fingerprints from the Federal Bureau of
Investigation, the department of state police shall provide a copy
to the submitting sheriff's department or local police agency as
appropriate and the clerk of the appropriate concealed weapon
licensing board. Beginning December 1, 2015, within Within 5
business days of after completing the verification under subsection
(6), the department shall send the county clerk a list of an
applicant's individual's statutory disqualifications under this
act. Until November 30, 2015, and except as provided in subsection
(14), the concealed weapon licensing board shall not issue a
concealed pistol license until it receives the fingerprint
comparison report prescribed in this subsection. Beginning December
1, 2015, and except 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. Beginning December 1, 2015, if 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. Until November 30, 2015, the concealed
weapon licensing board may deny a license if an individual's
fingerprints are not classifiable by the Federal Bureau of
Investigation. Beginning December 1, 2015, the 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) Until November 30, 2015, the concealed weapon licensing
board shall deny a license to an applicant to carry a concealed
pistol if the applicant is not qualified under subsection (7) to
receive that license. Beginning December 1, 2015, the The county
clerk shall send by first-class mail a notice of statutory
disqualification for a license under this act to an applicant
individual if the applicant 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) Until November 30, 2015, and subject to subsections (10)
and (14), the concealed weapon licensing board shall issue or deny
issuance of a license within 45 days after the concealed weapon
licensing board receives the fingerprint comparison report provided
under subsection (10). Beginning December 1, 2015, and subject
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 applicant
individual has classifiable fingerprints taken under subsection
(9). Beginning December 1, 2015, the 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. Until November 30,
2015, if the concealed weapon licensing board denies issuance of a
license to carry a concealed pistol, or beginning December 1, 2015,
if 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 concealed weapon
licensing board or the county clerk, as appropriate, shall within
5 business days do all of the following:
(a) Inform the applicant individual in writing of the reasons
for the denial or disqualification. Information under this
subdivision shall include all of the following:
(i) Until November 30, 2015, a statement of the specific and
articulable facts supporting the denial. Beginning December 1,
2015, a A statement of each statutory disqualification identified.
(ii) Until November 30, 2015, copies of any writings,
photographs, records, or other documentary evidence upon which the
denial is based. Beginning December 1, 2015, the The source of the
record for each statutory disqualification identified.
(iii) Beginning December 1, 2015, the The contact information
for the source of the record for each statutory disqualification
identified.
(b) Inform the applicant 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) Beginning December 1, 2015, inform Inform the applicant
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) Until November 30, 2015, if the fingerprint comparison
report is not received by the concealed weapon licensing board
within 60 days after the fingerprint report is forwarded to the
department of state police by the Federal Bureau of Investigation,
the concealed weapon licensing board shall issue a temporary
license to carry a concealed pistol to the applicant if the
applicant is otherwise qualified for a license. Until November 30,
2015, a temporary license issued under this section is valid for
180 days or until the concealed weapon licensing board receives the
fingerprint comparison report provided under subsection (10) and
issues or denies issuance of a license to carry a concealed pistol
as otherwise provided under this act. Until November 30, 2015, upon
issuance or the denial of issuance of the license to carry a
concealed pistol to an applicant who received a temporary license
under this section, the applicant shall immediately surrender the
temporary license to the concealed weapon licensing board that
issued that temporary license. Beginning December 1, 2015, if If a
license or notice of statutory disqualification is not issued under
subsection (13) within 45 days after the date the applicant
individual has classifiable fingerprints taken under subsection
(9), the receipt issued under subsection (9) shall serve 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. Beginning December 1, 2015, an
An individual may notify a county clerk 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, or defaced, or replaced for any other
reason may be replaced by the issuing county clerk for a
replacement fee of $10.00. 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.
Beginning December 1, 2015, the 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. Beginning December 1, 2015, the The county
clerk shall notify the department of state police if a license is
suspended or revoked. Beginning December 1, 2015, the 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) Beginning December 1, 2015, a A county clerk issuing an
initial license or renewal license under this act shall mail the
license to the licensee by first-class mail in a sealed envelope.
Beginning December 1, 2015, upon 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.
unless the applicant requests that it be delivered 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 the issuance of issuing
a license under this act to an individual who later commits a crime
or a negligent act.
(21) Beginning December 1, 2015, an An individual licensed
under this act to carry a concealed pistol may voluntarily
surrender that license without explanation. Beginning December 1,
2015, a A county clerk shall retain a surrendered license as an
official record for 1 year after the license is surrendered.
Beginning December 1, 2015, if If an individual voluntarily
surrenders a license under this subsection, the county clerk shall
notify the department of state police. Beginning December 1, 2015,
the 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) 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. 5j. (1) A pistol training or safety program described in
section 5b(7)(c) meets the requirements for knowledge or training
in the safe use and handling of a pistol only if the training was
provided within 5 years preceding the date of application and
consisted of not less than 8 hours of instruction and all of the
following conditions are met:
(a) The program is certified by this state or a national or
state firearms training organization and provides 5 hours of
instruction in, but is not limited to providing instruction in, all
of the following:
(i) The safe storage, use, and handling of a pistol including,
but not limited to, safe storage, use, and handling to protect
child safety.
(ii) Ammunition knowledge, and the fundamentals of pistol
shooting.
(iii) Pistol shooting positions.
(iv) Firearms and the law, including civil liability issues
and the use of deadly force. This portion shall must be taught by
an attorney or an individual trained in the use of deadly force.
(v) Avoiding criminal attack and controlling a violent
confrontation.
(vi) All laws that apply to carrying a concealed pistol in
this state.
(b) The program provides at least 3 hours of instruction on a
firing range and requires firing at least 30 rounds of ammunition.
(c) The program provides a certificate of completion that
states the program complies with the requirements of this section
and that the individual successfully completed the course, and that
contains the printed name and original handwritten signature of the
course instructor. The certificate of completion shall must contain
the statement, "This course complies with section 5j of 1927 PA
372.". For certificates issued on or after December 1, 2015, each
Each certificate shall must also contain both of the following,
which shall must be printed on the face of the certificate or
attached in a separate document:
(i) The instructor's name and telephone number.
(ii) The name and telephone number of the state agency or a
state or national firearms training organization that has certified
the individual as an instructor for purposes of this section, his
or her instructor certification number, if any, and the expiration
date of that certification.
(d) The instructor of the course is certified by this state or
a state or national firearms training organization to teach the
pistol safety training courses described in this section. The
county clerk shall not require any other certification or require
an instructor to register with the county or county clerk.
(2) A training certificate that does not meet the requirements
under state law applicable at the time the certification was issued
may otherwise meet the requirements of subsection (1)(c) if the
applicant provides information that reasonably demonstrates that
the certificate or the training meets the applicable requirements.
(3) A person shall not do either of the following:
(a) Grant a certificate of completion described under
subsection (1)(c) to an individual knowing the individual did not
satisfactorily complete the course.
(b) Present a certificate of completion described under
subsection (1)(c) to a county clerk knowing that the individual did
not satisfactorily complete the course.
(4) A person who violates subsection (3) 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.
(5) A county clerk shall not require that a specific form,
color, wording, or other content appear on a certificate of
completion, except as otherwise required under this act.
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. Beginning December 1,
2015, the 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 shall 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 shall 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 shall must be issued in the same manner as an
original license issued under section 5b. Beginning December 1,
2015, an 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. Beginning December 1, 2015, each 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 shall be payable 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 (8) (9) and (9), (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 shall be
payable 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. Beginning December
1, 2015, if 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 concealed weapon
licensing board approves or 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) Until November 30, 2015, the concealed weapon licensing
board shall issue or deny issuance of a renewal license within 60
days after the application for renewal is properly submitted. The
county clerk shall issue the applicant a receipt for his or her
renewal application at the time the application is submitted to the
county clerk. Beginning December 1, 2015, the 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 shall 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) Beginning December 1, 2015, the The applicant's state-
issued driver license or personal identification card number.
(e) Until November 30, 2015, the statement that the receipt is
for a license renewal. Beginning December 1, 2015, the 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) Until November 30, 2015, a statement of whether the
applicant qualifies for an extension under subsection (5).
(f) (g) The name of the county in which the receipt is issued,
if applicable.
(g) (h) An impression of the county seal, if applicable.
(4) The receipt issued under subsection (3) to an individual
applying for a renewal license whose licenseis 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 application laws for the purchase of firearms.
(5) (4) Until November 30, 2018, a member of the United States
armed forces, Armed Forces, the United States armed forces reserve,
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
concealed weapon licensing board approves or a 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, Armed Forces, the United States armed forces reserve, 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, Armed Forces, the United
States armed forces reserve, 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) (5) Until November 30, 2015, if the concealed weapon
licensing board fails to deny or issue a renewal license to the
person within 60 days as required under subsection (4), the
expiration date of the current license is extended by 180 days or
until the renewal license is issued, whichever occurs first. This
subsection does not apply unless the person pays the renewal fee at
the time the renewal application is submitted and the person has
submitted a receipt from a police agency that confirms that a
background check has been requested by the applicant. Beginning
December 1, 2015, if 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. Beginning December 1,
2015, the 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. Beginning
December 1, 2015, the 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) (6) A person carrying a concealed pistol after the
expiration date of his or her license under an extension under
subsection (5) (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) (7) 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) (8) 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. Beginning December 1, 2015, the 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.
Beginning December 1, 2015, an 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) (9) 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.
Sec. 5o. (1) Subject to subsection (5), an individual licensed
under this act to carry a concealed pistol, or who is exempt from
licensure under section 12a(1)(h), 12a(h), shall not carry a
concealed pistol on the premises of any of the following:
(a) A school or school property except that a parent or legal
guardian of a student of the school is not precluded from carrying
a concealed pistol while in a vehicle on school property, if he or
she is dropping the student off at the school or picking up the
student from the school. As used in this section, "school" and
"school property" mean those terms as defined in section 237a of
the Michigan penal code, 1931 PA 328, MCL 750.237a.
(b) A public or private child care center or day care center,
public or private child caring institution, or public or private
child placing agency.
(c) A sports arena or stadium.
(d) A bar or tavern licensed under the Michigan liquor control
code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, where the
primary source of income of the business is the sale of alcoholic
liquor by the glass and consumed on the premises. This subdivision
does not apply to an owner or employee of the business. The
Michigan liquor control commission shall develop and make available
to holders of licenses under the Michigan liquor control code of
1998, 1998 PA 58, MCL 436.1101 to 436.2303, an appropriate sign
stating that "This establishment prohibits patrons from carrying
concealed weapons". The owner or operator of an establishment
licensed under the Michigan liquor control code of 1998, 1998 PA
58, MCL 436.1101 to 436.2303, may post the sign developed under
this subdivision.
(e) Any property or facility owned or operated by a church,
synagogue, mosque, temple, or other place of worship, unless the
presiding official or officials of the church, synagogue, mosque,
temple, or other place of worship permit the carrying of concealed
pistol on that property or facility.
(f) An entertainment facility with a seating capacity of 2,500
or more individuals that the individual knows or should know has a
seating capacity of 2,500 or more individuals or that has a sign
above each public entrance stating in letters not less than 1-inch
high a seating capacity of 2,500 or more individuals.
(g) A hospital.
(h) A dormitory or classroom of a community college, college,
or university.
(2) Subject to subsection (5), an individual shall not carry a
portable device that uses electro-muscular disruption technology on
any of the premises described in subsection (1).
(3) An individual licensed under this act to carry a concealed
pistol, or who is exempt from licensure under section 12a(1)(h),
12a(h), shall not carry a concealed pistol in violation of R
432.1212 or a successor rule of the Michigan administrative code
Administrative Code promulgated under the Michigan gaming control
and revenue act, 1996 IL 1, MCL 432.201 to 432.226.
(4) As used in subsection (1), "premises" does not include
parking areas of the places identified under subsection (1).
(5) Subsections (1) and (2) do not apply to any of the
following:
(a) An individual licensed under this act who is a retired
police officer, retired law enforcement officer, or retired federal
law enforcement officer.
(b) An individual who is licensed under this act and who is
employed or contracted by an entity described under subsection (1)
to provide security services and 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.
(c) 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.
(d) An individual who is licensed under this act and who is a
corrections officer of a county sheriff's department or who is
licensed under this act and is a retired corrections officer of a
county sheriff's department, if that individual has received county
sheriff approved weapons training.
(e) An individual who is licensed under this act and who is a
motor carrier officer or capitol security officer of the department
of state police.
(f) An individual who is licensed under this act and who is a
member of a sheriff's posse.
(g) An individual who is licensed under this act and who is an
auxiliary officer or reserve officer of a police or sheriff's
department.
(h) An individual who is licensed under this act and who is
any of the following:
(i) A parole, probation, or corrections officer, or absconder
recovery unit member, of the department of corrections, if that
individual has obtained a Michigan department of corrections
weapons permit.
(ii) A retired parole, probation, or corrections officer, or
retired absconder recovery unit member, of the department of
corrections, if that individual has obtained a Michigan department
of corrections weapons permit.
(i) A state court judge or state court retired judge who is
licensed under this act.
(j) An individual who is licensed under this act and who is a
court officer.
(k) An individual who is licensed under this act and who is a
peace officer.
(6) An individual who violates this section is responsible for
a state civil infraction or guilty of a crime as follows:
(a) Except as provided in subdivisions (b) and (c), the
individual is responsible for a state civil infraction and may be
fined not more than $500.00. The court shall order the individual's
license to carry a concealed pistol suspended for 6 months.
(b) For a second violation, the individual is guilty of a
misdemeanor punishable by a fine of not more than $1,000.00. The
court shall order the individual's license to carry a concealed
pistol revoked.
(c) For a third or subsequent violation, the individual is
guilty of a felony punishable by imprisonment for not more than 4
years or a fine of not more than $5,000.00, or both. The court
shall order the individual's license to carry a concealed pistol
revoked.
Sec. 6. (1) A An issuing agency shall not issue a license
shall not be issued to an applicant under section 2 or 5b unless
both of the following apply:
(a) The issuing agency has determined through the federal
national instant criminal background check system (NICS) that the
applicant is not prohibited under federal law from possessing or
transporting a firearm.
(b) If the applicant is not a United States citizen, the
issuing agency has verified through the United States immigration
and customs enforcement Immigration and Customs Enforcement
databases that the applicant is not an illegal alien or a
nonimmigrant alien.
(2) A county clerk shall not issue a license to an applicant
under section 5b unless both of the following apply:
(a) The department of state police, or the county sheriff
under section 5b(4), has determined through the federal national
instant criminal background check system that the applicant is not
prohibited under federal law from possessing or transporting a
firearm.
(b) If the applicant is not a United States citizen, the
department of state police has verified through the United States
Immigration and Customs Enforcement databases that the applicant is
not an illegal alien or a nonimmigrant alien.
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 as defined in this act, 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
shall 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 shall 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 shall must be for a period stated in years, months, or
days, or until the final disposition of the charge, and shall state
the date the suspension will end, if applicable. The licensee shall
promptly surrender his or her license to the county clerk 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 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.
(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 shall 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 shall 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.
Enacting section 1. Section 421 of the Michigan penal code,
1931 PA 328, MCL 750.421, is repealed.