HOUSE BILL No. 5689

June 12, 2014, Introduced by Rep. Hobbs 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 2, 2b, and 5b (MCL 28.422, 28.422b, and

28.425b), section 2 as amended by 2012 PA 377, section 2b as

amended by 2001 PA 199, and section 5b as amended by 2008 PA 406.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 2. (1) Except as otherwise provided in this act, a person

shall not purchase, carry, possess, or transport a pistol in this

state without first having obtained a license for the pistol as

prescribed in this section.

(2) A person who brings a pistol into this state who is on

leave from active duty with the armed forces of the United States

or who has been discharged from active duty with the armed forces

of the United States shall obtain a license for the pistol within

30 days after his or her arrival in this state.

(3) The commissioner or chief of police of a city, township,

or village police department that issues licenses to purchase,

carry, possess, or transport pistols, or his or her duly authorized

deputy, or the sheriff or his or her duly authorized deputy, in the

parts of a county not included within a city, township, or village

having an organized police department, in discharging the duty to

issue licenses shall with due speed and diligence issue licenses to

purchase, carry, possess, or transport pistols to qualified

applicants unless he or she has probable cause to believe that the

applicant would be a threat to himself or herself or to other

individuals, or would commit an offense with the pistol that would

violate a law of this or another state or of the United States. An

applicant is qualified if all of the following circumstances exist:

(a) The person is not subject to an order or disposition for

which he or she has received notice and an opportunity for a

hearing, and which was entered into the law enforcement information

network 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, or section 444a of former 1978 PA

642.

(iii) Section 2950 of the revised judicature act of 1961, 1961

PA 236, MCL 600.2950.

(iv) Section 2950a of the revised judicature act of 1961, 1961

PA 236, MCL 600.2950a.

(v) Section 14 of 1846 RS 84, MCL 552.14.

(vi) 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.

(vii) Section 16b of chapter IX of the code of criminal

procedure, 1927 PA 175, MCL 769.16b.

(viii) The gun violence restraining order act.

(b) The person is 18 years of age or older or, if the seller

is licensed under 18 USC 923, is 21 years of age or older.

lawfully admitted into the United States and is a legal resident of

this state. For the purposes of this section, a person ~~shall be~~ is

considered a legal resident of this state if any of the following

apply:

(i) The person has a valid, lawfully obtained Michigan driver

license issued under the Michigan vehicle code, 1949 PA 300, MCL

257.1 to 257.923, or an official state personal identification card

issued under 1972 PA 222, MCL 28.291 to 28.300.

(ii) The person is lawfully registered to vote in this state.

(iii) The person is on active duty status with the United States

armed forces and is stationed outside of this state, but the

person's home of record is in this state.

(iv) The person is on active duty status with the United States

armed forces and is permanently stationed in this state, but the

person's home of record is in another state.

(d) A felony charge or a criminal charge listed in section 5b

against the person is not pending at the time of application.

(e) The person 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 person has not been adjudged insane in this state or

elsewhere unless he or she has been adjudged restored to sanity by

court order.

(g) The person is not under an order of involuntary commitment

in an inpatient or outpatient setting due to mental illness.

(h) The person has not been adjudged legally incapacitated in

this state or elsewhere. This subdivision does not apply to a

person who has had his or her legal capacity restored by order of

the court.

(4) ~~Applications~~ An applicant shall sign applications for

licenses under this section ~~shall be signed by the applicant~~ under

oath upon forms provided by the director of the department of state

police. Licenses to purchase, carry, possess, or transport pistols

shall be executed in triplicate upon forms provided by the director

of the department of state police and shall be signed by the

licensing authority. ~~Three~~ The licensing authority shall deliver 3

copies of the license ~~shall be delivered~~ to the applicant. ~~by the~~

~~licensing authority.~~ A license is void unless used within 30 days

after the date it is issued.

(5) If an individual purchases or otherwise acquires a pistol,

the seller shall fill out the license forms describing the pistol,

together with the date of sale or acquisition, and sign his or her

name in ink indicating that the pistol was sold to or otherwise

acquired by the purchaser. The purchaser shall also sign his or her

name in ink indicating the purchase or other acquisition of the

pistol from the seller. The seller may retain a copy of the license

as a record of the transaction. The purchaser shall receive 2

copies of the license. The purchaser shall return 1 copy of the

license to the licensing authority within 10 days after the date

the pistol is purchased or acquired. The return of the copy to the

licensing authority may be made in person or may be made by first-

class mail or certified mail sent within the 10-day period to the

proper address of the licensing authority. A purchaser who fails to

comply with the requirements of this subsection is responsible for

a state civil infraction and may be fined not more than $250.00. If

a purchaser is found responsible for a state civil infraction under

this subsection, the court shall notify the department of state

police of that determination.

(6) Within 10 days after receiving the license copy returned

under subsection (5), the licensing authority shall electronically

enter the information into the pistol entry database as required by

the department of state police if it has the ability to

electronically enter that information. If the licensing authority

does not have that ability, the licensing authority shall provide

that information to the department of state police in a manner

otherwise required by the department of state police. Any licensing

authority that provided pistol descriptions to the department of

state police under former section 9 of this act shall continue to

provide pistol descriptions to the department of state police under

this subsection. Within 48 hours after entering or otherwise

providing the information on the license copy returned under

subsection (5) to the department of state police, the licensing

authority shall forward the copy of the license to the department

of state police. The purchaser has the right to obtain a copy of

the information placed in the pistol entry database under this

subsection to verify the accuracy of that information. The

licensing authority may charge a fee not to exceed $1.00 for the

cost of providing the copy. The licensee may carry, use, possess,

and transport the pistol for 30 days beginning on the date of

purchase or acquisition only while he or she is in possession of

his or her copy of the license. However, the person is not required

to have the license in his or her possession while carrying, using,

possessing, or transporting the pistol after this period.

(7) This section does not apply to the purchase of pistols

from wholesalers by dealers regularly engaged in the business of

selling pistols at retail, or to the sale, barter, or exchange of

pistols kept as relics or curios not made for modern ammunition or

permanently deactivated. This section does not prevent the transfer

of ownership of pistols that are inherited if the license to

purchase is approved by the commissioner or chief of police,

sheriff, or their authorized deputies, and signed by the personal

representative of the estate or by the next of kin having authority

to dispose of the pistol.

(8) An individual who is not a resident of this state is not

required to obtain a license under this section if all of the

following conditions apply:

(a) The individual is licensed in his or her state of

residence to purchase, carry, or transport a pistol.

(b) The individual is in possession of the license described

in subdivision (a).

possesses, carries, or transports.

(d) The individual possesses the pistol for a lawful purpose.

~~as that term is defined in section 231a of the Michigan penal code,~~

~~1931 PA 328, MCL 750.231a.~~

(e) The individual is in this state for a period of 180 days

or less and does not intend to establish residency in this state.

(9) An individual who is a nonresident of this state shall

present the license described in subsection (8)(a) upon the demand

of a police officer. An individual who violates this subsection is

guilty of a misdemeanor punishable by imprisonment for not more

than 90 days or a fine of not more than $100.00, or both.

(10) The licensing authority may require a person claiming

active duty status with the United States armed forces 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.

(11) This section does not apply to a person who is younger

than the age required under subsection (3)(b) and who possesses a

pistol if all of the following conditions apply:

(a) The person is not otherwise prohibited from possessing

that pistol.

(b) The person is at a recognized target range.

practice or instruction in the safe use of a pistol.

(d) The person's parent or guardian is physically present and

supervising the person.

(e) The owner of the pistol is physically present.

(12) This section does not apply to a person who possesses a

pistol if all of the following conditions apply:

(a) The person is not otherwise prohibited from possessing a

pistol.

(b) The person is at a recognized target range or shooting

facility.

practice or instruction in the safe use of a pistol.

(d) The owner of the pistol is physically present and

supervising the use of the pistol.

(13) A person who forges any matter on an application for a

license under this section is guilty of a felony, punishable by

imprisonment for not more than 4 years or a fine of not more than

$2,000.00, or both.

(14) A licensing authority shall implement this section during

all of the licensing authority's normal business hours and shall

set hours for implementation that allow an applicant to use the

license within the time period set forth in subsection (4).

Sec. 2b. (1) Except as provided in subsection (6), upon entry

of an order or disposition into the law enforcement information

network under any provision of law described in section 2(3)(a),

the department of state police shall immediately send written

notice of that entry to the person who is the subject of the order

or disposition. The notice shall be sent by first-class mail to the

last known address of the person. The notice shall include at least

all of the following:

(a) The name of the person.

(b) The date the order or disposition was entered into the law

enforcement information network.

purchase a pistol or obtain a concealed weapon license until the

order or disposition is removed from the law enforcement

information network.

(d) A statement that the person may request that the state

police correct or expunge inaccurate information entered into the

law enforcement information network.

(2) A person who is the subject of an order entered into the

law enforcement information network under any provision of law

described in section 2(3)(a) may request that the department of

state police do either of the following:

(a) Amend an inaccuracy in the information entered into the

law enforcement information network under any provision of law

described in section 2(3)(a).

(b) Expunge the person's name and other information concerning

the person from the law enforcement information network regarding 1

or more specific entries in the law enforcement information network

under any provision of law described in section 2(3)(a) because 1

or more of the following circumstances exist:

(i) The person is not subject to an order of involuntary

commitment in an inpatient or outpatient setting due to mental

illness.

(ii) The person is not subject to an order or disposition

determining that the person is legally incapacitated.

(iii) The person is not subject to a personal protection order

issued under any of the following:

(A) Section 2950 of the revised judicature act of 1961, 1961

PA 236, MCL 600.2950.

(B) Section 2950a of the revised judicature act of 1961, 1961

PA 236, MCL 600.2950a.

(iv) The person is not subject to an order for release subject

to protective conditions that prohibits the purchase or possession

of a firearm by the person issued under section 6b of chapter V of

the code of criminal procedure, 1927 PA 175, MCL 765.6b.

(v) The person is not subject to an order issued under the gun

violence restraining order act.

(3) Before the expiration of 30 days after a request is made

to amend an inaccuracy in the law enforcement information network

under subsection (2)(a) or to expunge 1 or more specific entries

from the law enforcement information network under subsection

(2)(b)(i) to (iv), the department of state police shall conduct an

investigation concerning the accuracy of the information contained

in the law enforcement information network, either grant or deny

the request, and provide the person with written notice of that

grant or denial. ~~A notice of denial~~ The department of state police

shall include in a notice of denial a statement specifying the

basis of the denial, and that a person may appeal the denial

pursuant to the administrative procedures act of 1969, 1969 PA 306,

MCL 24.201 to 24.328.

(4) If the department of state police ~~refuses~~ denies a request

by a person for amendment or expunction under subsection (2), or

fails to act within 30 days after receiving the request under

subsection (2), the person may request a hearing before a hearing

officer appointed by the department of state police for a

determination of whether information entered into the law

enforcement information network should be amended or expunged

because it is inaccurate or false. The department of state police

shall conduct the hearing pursuant to the administrative procedures

act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

(5) Information contained in an order or disposition filed

with the department of state police under any provision of law

described in section 2(3)(a)(i) to (vii) is exempt from public

disclosure under the freedom of information act, 1976 PA 442, MCL

15.231 to 15.246.

(6) The department of state police shall not send written

notice of an entry of an order or disposition into the law

enforcement information network as required 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

a gun violence restraining order issued under the gun violence

restraining order act, until ~~that~~ the department has received

notice that the respondent of the order has been served with or has

received notice of the personal protection order or gun violence

restraining order.

Sec. 5b. (1) 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. The ~~application~~

applicant shall ~~be filed~~ 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 be on a form

provided by the director of the department of state police and

shall allow the applicant to designate whether the applicant seeks

a temporary license. The application shall be signed under oath by

the applicant. The oath shall be administered by the county clerk

or his or her representative. The application shall contain all of

the following: ~~information:~~

(a) The applicant's legal name and date of birth and the

address of his or her primary residence. If the applicant resides

in a city, village, or township that has a police department, the

name of the police department. Information received under this

subdivision is confidential, is not subject to disclosure under the

freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and

shall not be disclosed to any person except for purposes of this

act or for law enforcement purposes.

(b) A statement by the applicant that the applicant meets the

criteria for a license under this act to carry a concealed pistol.

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. Medical records and

personal identifying information received by the concealed weapon

licensing board under this subdivision is confidential, is not

subject to disclosure under the freedom of information act, 1976 PA

442, MCL 15.231 to 15.246, and shall not be disclosed to any person

except for purposes of this act or for law enforcement purposes or

if the applicant is convicted of a felony involving a pistol.

(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, and authorizing the concealed weapon licensing

board to access the mental health records of the applicant relating

to his or her mental health history. 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. Medical records and

personal identifying information received by the concealed weapon

licensing board under this subdivision is confidential, is not

subject to disclosure under the freedom of information act, 1976 PA

442, MCL 15.231 to 15.246, and shall not be disclosed to any person

except for purposes of this act or for law enforcement purposes.

(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) or (i), if

the applicant was convicted of ~~violating~~ that misdemeanor in the 8

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.

(g) If the applicant seeks a temporary license, the facts

supporting the issuance of that temporary license.

(h) The names, residential addresses, and telephone numbers of

2 individuals who are references for the applicant. Information

received under this subdivision is confidential, is not subject to

disclosure under the freedom of information act, 1976 PA 442, MCL

15.231 to 15.246, and shall not be disclosed to any person except

for purposes of this act or for law enforcement purposes.

(i) A passport-quality photograph of the applicant provided by

the applicant at the time of application.

(j) A certificate stating that the applicant has completed the

training course prescribed by this act.

(2) The application form shall 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 concealed weapon licensing board 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.

(5) Each applicant shall pay a nonrefundable fee of $105.00 by

any method of payment accepted by that county for payments of other

fees and penalties. Except for a local police agency as provided in

subsection (9), a unit of local government, an agency of a unit of

local government, or an agency or department of this state shall

not charge an additional fee, assessment, or other amount in

connection with a license under this section. The fee shall be

payable to the county. The county treasurer shall deposit $41.00 of

each fee collected under this section in the general fund of the

county and credit $26.00 of that deposit to the credit of the

county clerk and $15.00 of that deposit to the credit of the county

sheriff and forward the balance 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 be credited to the department of state police.

(6) 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. 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. 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) The concealed weapon licensing board shall issue a license

to an applicant to carry a concealed pistol within the period

required under this act after the applicant properly submits an

application under subsection (1) and the concealed weapon licensing

board 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. 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 there is probable cause

to believe 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. 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. The concealed weapon licensing board shall

immediately issue a temporary license to that applicant. The

temporary license shall be valid until the concealed weapon

licensing board decides whether to grant or deny the application.

For the purposes of this section, a person ~~shall be~~ is considered a

legal resident of this state if any of the following apply:

(i) The person has a valid, lawfully obtained Michigan 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 is lawfully registered to vote in this state.

(iii) The person is on active duty status with the United States

armed forces and is stationed outside of this state, but the

person's home of record is in this state.

(iv) The person is on active duty status with the United States

armed forces and is permanently stationed in this state, but the

person's home of record is in another state.

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, and that is available to the general public and

presented by a law enforcement agency, junior or community college,

college, or public or private institution or organization or

firearms training school.

(d) 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

~~pursuant to~~ 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.

(vi) The gun violence restraining order act.

(e) 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 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.

(h) 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:

(i) Section 617a of the Michigan vehicle code, 1949 PA 300, MCL

257.617a (failing to stop when involved in a personal injury

accident).

(ii) Section 625 of the Michigan vehicle code, 1949 PA 300, MCL

257.625, punishable as provided in subsection (9)(b) of that

section (operating while intoxicated, second offense).

(iii) Section 625m of the Michigan vehicle code, 1949 PA 300,

MCL 257.625m punishable under subsection (4) of that section

(operating a commercial vehicle with alcohol content, second

offense).

(iv) Section 626 of the Michigan vehicle code, 1949 PA 300, MCL

257.626 (reckless driving).

(v) Section 904(1) of the Michigan vehicle code, 1949 PA 300,

MCL 257.904 (operating while license suspended or revoked),

punishable as a second or subsequent offense.

(vi) Section 185 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).

(vii) 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).

(viii) 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).

(ix) Section 81134 of the natural resources and environmental

protection act, 1994 PA 451, MCL 324.81134, punishable under

subsection (5) or (6) of that section (operating ORV under the

influence of intoxicating liquor or a controlled substance, second

or subsequent offense).

(x) Section 82127 of the natural resources and environmental

protection act, 1994 PA 451, MCL 324.82127 (operating a snowmobile

under the influence of intoxicating liquor or a controlled

substance), punishable as a second or subsequent offense under

section 82128(1)(b) ~~or (c)~~ of the natural resources and

environmental protection act, 1994 PA 451, MCL 324.82128.

(xi) Section 80176 of the natural resources and environmental

protection act, 1994 PA 451, MCL 324.80176, and punishable under

section 80177(1)(b) (operating vessel under the influence of

intoxicating liquor or a controlled substance, second or subsequent

offense).

(xii) Section 7403 of the public health code, 1978 PA 368, MCL

333.7403.

(xiii) Section 353 of the railroad code of 1993, 1993 PA 354,

MCL 462.353 (operating locomotive under the influence of

intoxicating liquor or a controlled substance, or while visibly

impaired), punishable under subsection (4) of that section.

(xiv) Section 7 of 1978 PA 33, MCL 722.677 (displaying sexually

explicit matter to minors).

(xv) Section 81 of the Michigan penal code, 1931 PA 328, MCL

750.81 (assault or domestic assault).

(xvi) Section 81a(1) or (2) of the Michigan penal code, 1931 PA

328, MCL 750.81a (aggravated assault or aggravated domestic

assault).

(xvii) Section 115 of the Michigan penal code, 1931 PA 328, MCL

750.115 (breaking and entering or entering without breaking).

(xviii) Section ~~136b(6)~~ 136b(8) of the Michigan penal code, 1931

PA 328, MCL 750.136b (fourth degree child abuse).

(~~xix~~~~) Section 145a of the Michigan penal code, 1931 PA 328, MCL~~

~~750.145a (accosting, enticing, or soliciting a child for immoral~~

~~purposes).~~

(xix) (xx) Section 145n of the Michigan penal code, 1931 PA

328, MCL 750.145n (vulnerable adult abuse).

(xx) (~~xxi~~) Section 157b(3)(b) of the Michigan penal code, 1931

PA 328, MCL 750.157b (solicitation to commit a felony).

(xxi) (~~xxii~~) Section 215 of the Michigan penal code, 1931 PA 328,

MCL 750.215 (impersonating peace officer or medical examiner).

(xxii) (~~xxiii~~) Section 223 of the Michigan penal code, 1931 PA

328, MCL 750.223 (illegal sale of a firearm or ammunition).

(xxiii) (~~xxiv~~) Section 224d of the Michigan penal code, 1931 PA

328, MCL 750.224d (illegal use or sale of a self-defense spray).

(xxiv) (~~xxv~~) Section 226a of the Michigan penal code, 1931 PA

328, MCL 750.226a (sale or possession of a switchblade).

(xxv) (~~xxvi~~) Section 227c of the Michigan penal code, 1931 PA

328, MCL 750.227c (improper transportation of a loaded firearm).

(xxvi) (~~xxvii~~~~) Section~~ Former section 228 of the Michigan penal

code, 1931 PA 328, MCL 750.228 (failure to have a pistol

inspected).

(xxvii) (~~xxviii~~) Section 229 of the Michigan penal code, 1931 PA

328, MCL 750.229 (accepting a pistol in pawn).

(xxviii) (~~xxix~~) Section 232 of the Michigan penal code, 1931 PA

328, MCL 750.232 (failure to register the purchase of a firearm or

a firearm component).

(xxix) (~~xxx~~) Section 232a of the Michigan penal code, 1931 PA

328, MCL 750.232a (improperly obtaining a pistol, making a false

statement on an application to purchase a pistol, or using false

identification to purchase a pistol).

(xxx) (~~xxxi~~) Section 233 of the Michigan penal code, 1931 PA

328, MCL 750.233 (intentionally aiming a firearm without malice).

(xxxi) (~~xxxii~~) Section 234 of the Michigan penal code, 1931 PA

328, MCL 750.234 (intentionally discharging a firearm aimed without

malice).

(xxxii) (~~xxxiii~~) Section 234d of the Michigan penal code, 1931 PA

328, MCL 750.234d (possessing a firearm on prohibited premises).

(xxxiii) (~~xxxiv~~) Section 234e of the Michigan penal code, 1931 PA

328, MCL 750.234e (brandishing a firearm in public).

(xxxiv) (~~xxxv~~) Section 234f of the Michigan penal code, 1931 PA

328, MCL 750.234f (possession of a firearm by an individual less

than 18 years of age).

(xxxv) (~~xxxvi~~) Section 235 of the Michigan penal code, 1931 PA

328, MCL 750.235 (intentionally discharging a firearm aimed without

malice causing injury).

(xxxvi) (~~xxxvii~~) Section 235a of the Michigan penal code, 1931 PA

328, MCL 750.235a (parent of a minor who possessed a firearm in a

weapon free school zone).

(xxxvii) (~~xxxviii~~) Section 236 of the Michigan penal code, 1931 PA

328, MCL 750.236 (setting a spring gun or other device).

(xxxviii) (~~xxxix~~) Section 237 of the Michigan penal code, 1931 PA

328, MCL 750.237 (possessing a firearm while under the influence of

intoxicating liquor or a ~~drug).~~controlled substance).

(xxxix) (xl) Section 237a of the Michigan penal code, 1931 PA

328, MCL 750.237a (weapon free school zone violation).

(xl) (~~xli~~) Section 335a of the Michigan penal code, 1931 PA 328,

MCL 750.335a (indecent exposure).

(xli) (~~xlii~~) Section 411h of the Michigan penal code, 1931 PA

328, MCL 750.411h (stalking).

(xlii) (~~xliii~~) Section 520e of the Michigan penal code, 1931 PA

328, MCL 750.520e (fourth degree criminal sexual conduct).

(xliii) (~~xliv~~) Section 1 of 1952 PA 45, MCL 752.861 (reckless,

careless, or negligent use of a firearm resulting in injury or

death).

(xliv) (~~xlv~~) Section 2 of 1952 PA 45, MCL 752.862 (careless,

reckless, or negligent use of a firearm resulting in property

damage).

(xlv) (~~xlvi~~) Section 3a 3 of 1952 PA 45, MCL 752.863a (reckless

discharge of a firearm).

(xlvi) (~~xlvii~~) 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 (~~xlvi~~).(xlv).

(i) 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):

(i) Section 625 of the Michigan vehicle code, 1949 PA 300, MCL

257.625 (operating under the influence).

(ii) Section 625a of the Michigan vehicle code, 1949 PA 300,

MCL 257.625a (refusal of commercial vehicle operator to submit to a

chemical test).

(iii) Section 625k of the Michigan vehicle code, 1949 PA 300,

MCL 257.625k (ignition interlock device reporting violation).

(iv) Section 625l of the Michigan vehicle code, 1949 PA 300,

MCL 257.625l (circumventing an ignition interlocking device).

(v) Section 625m of the Michigan vehicle code, 1949 PA 300,

MCL 257.625m, punishable under subsection (3) of that section

(operating a commercial vehicle with alcohol content).

(vi) Section 185 of the aeronautics code of the state of

Michigan, 1945 PA 327, MCL 259.185 (operating aircraft under the

influence).

(vii) Section 81134 of the natural resources and environmental

protection act, 1994 PA 451, MCL 324.81134 (operating ORV under the

influence).

(viii) Section 81135 of the natural resources and environmental

protection act, 1994 PA 451, MCL 324.81135 (operating ORV while

visibly impaired).

(ix) Section 82127 of the natural resources and environmental

protection act, 1994 PA 451, MCL 324.82127 (operating a snowmobile

under the influence).

(x) Part 74 of the public health code, 1978 PA 368, MCL

333.7401 to 333.7461 (controlled substance violation).

(xi) Section 353 of the railroad code of 1993, 1993 PA 354, MCL

462.353 (operating locomotive under the influence), punishable

under subsection (3) of that section.

(xii) Section 167 of the Michigan penal code, 1931 PA 328, MCL

750.167 (disorderly person).

(xiii) Section 174 of the Michigan penal code, 1931 PA 328, MCL

750.174 (embezzlement).

(xiv) Section 218 of the Michigan penal code, 1931 PA 328, MCL

750.218 (false pretenses with intent to defraud).

(xv) Section 356 of the Michigan penal code, 1931 PA 328, MCL

750.356 (larceny).

(xvi) Section 356d of the Michigan penal code, 1931 PA 328, MCL

750.356d (second degree retail fraud).

(xvii) Section 359 of the Michigan penal code, 1931 PA 328, MCL

750.359 (larceny - from a vacant building or structure).

(xviii) Section 362 of the Michigan penal code, 1931 PA 328, MCL

750.362 (larceny by conversion).

(xix) Section 362a of the Michigan penal code, 1931 PA 328, MCL

750.362a (larceny-defrauding lessor).

(xx) Section 377a of the Michigan penal code, 1931 PA 328, MCL

750.377a (malicious destruction of property).

(xxi) Section 380 of the Michigan penal code, 1931 PA 328, MCL

750.380 (malicious destruction of real property).

(xxii) Section 535 of the Michigan penal code, 1931 PA 328, MCL

750.535 (receiving or concealing stolen property).

(xxiii) Section 540e of the Michigan penal code, 1931 PA 328,

MCL 750.540e (malicious use of ~~telephones).~~telecommunications

service or device).

(xxiv) 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 (xxiii).

(j) 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 applicant has never been subject to an order of

involuntary commitment in an inpatient or outpatient setting due to

mental illness.

(l) The applicant does not have a diagnosed mental illness at

the time the application is made regardless of whether he or she is

receiving treatment for that illness.

(m) The applicant is not under a court order of legal

incapacity in this state or elsewhere.

(n) Issuing a license to the applicant to carry a concealed

pistol in this state is not detrimental to the safety of the

applicant or to any other individual. A determination under this

subdivision shall be based on clear and convincing evidence of

repeated violations of this act, crimes, personal protection orders

or injunctions, or police reports or other clear and convincing

evidence of the actions of, or statements of, the applicant that

bear directly on the applicant's ability to carry a concealed

pistol.

(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 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, 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 and have

classifiable fingerprints taken by the county sheriff or a local

police agency if that local police agency maintains fingerprinting

capability. If the individual requests that classifiable

fingerprints be taken by a local police agency, the individual

shall also pay to that local police agency a fee of $15.00 by any

method of payment accepted by the unit of local government for

payments of other fees and penalties. The county sheriff or local

police agency shall take the fingerprints within 5 business days

after the request.

(10) The fingerprints shall be taken, under subsection (9), on

forms and in a manner prescribed by the department of state police.

The fingerprints shall be immediately forwarded 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 forward the fingerprints to the federal bureau of

investigation. 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. 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.

The concealed weapon licensing board may deny a license if an

individual's fingerprints are not classifiable by the federal

bureau of investigation.

(11) 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.

(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) 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).

If the concealed weapon licensing board denies issuance of a

license to carry a concealed pistol, the concealed weapon licensing

board shall within 5 business days do both of the following:

(a) Inform the applicant in writing of the reasons for the

denial. Information under this subdivision shall include all of the

following:

(i) A statement of the specific and articulable facts

supporting the denial.

(ii) Copies of any writings, photographs, records, or other

documentary evidence upon which the denial is based.

(b) Inform the applicant in writing of his or her right to

appeal the denial to the circuit court as provided in section 5d.

(14) 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. 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. 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.

(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. A license to carry a concealed

pistol that is lost, stolen, or defaced may be replaced by the

issuing county clerk for a replacement fee of $10.00.

(16) If a concealed weapons licensing board suspends or

revokes a license issued under this act, the license is forfeited

and shall be returned to the concealed weapon licensing board

forthwith. 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.

(18) This section does not prohibit the concealed weapon

licensing board 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) As used in this section:

(a) "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.

(b) "Felony" means 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.

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.

(d) "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.

(e) "Treatment" means care or any therapeutic service,

including, but not limited to, the administration of a drug, and