SB-0034, As Passed House, February 25, 2015

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 34

 

 

 

 

 

 

 

 

 

 

 

     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, 2a, 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5j, 5k,

 

5l, 5o, and 8 (MCL 28.421, 28.422a, 28.424, 28.425, 28.425a,

 

28.425b, 28.425c, 28.425d, 28.425e, 28.425f, 28.425j, 28.425k,

 

28.425l, 28.425o, and 28.428), section 1 as amended by 2014 PA 203,

 

section 2a as amended by 2013 PA 3, section 4 as amended by 2014 PA

 

6, sections 5 and 5a as added by 2000 PA 381, section 5b as amended

 

by 2014 PA 207, sections 5c and 5d as amended by 2002 PA 719,

 

section 5e as amended by 2014 PA 204, sections 5f and 5k as amended

 

by 2012 PA 123, section 5j as amended by 2004 PA 254, section 5l as

 

amended by 2012 PA 32, section 5o as amended by 2014 PA 206, and

 

section 8 as amended by 2008 PA 406, and by adding section 5x; 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) "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.

 

     (b) "Firearm" means a weapon from which a dangerous projectile

 

may be propelled by an explosive, or by gas or air. Firearm does

 

not include a smooth bore rifle or handgun designed and

 

manufactured exclusively for propelling by a spring, or by gas or

 

air, BBs not exceeding .177 caliber.

 

     (c) "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.

 

     (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) "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 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.

 

     (f) "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.

 

     (g) "Purchaser" means a person who receives a pistol from

 

another person by purchase or gift.

 

     (h) "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.

 

     (i) "Retired police officer" or "retired law enforcement

 

officer" means an individual who was a police officer or law

 

enforcement officer who was certified as described under section 9a

 

of the commission on law enforcement standards act, 1965 PA 203,

 

MCL 28.609a, 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 for 10 or more

 

consecutive years.

 

     (j) "Seller" means a person who sells or gives a pistol to

 

another person.

 

     (k) "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.

 

     (l) "State court retired judge" means a judge or justice

 

described in subdivision (k) 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. 2a. (1) The following individuals are not required to

 

obtain a license under section 2 to purchase, carry, possess, use,

 

or transport a pistol:

 

     (a) An individual licensed under section 5b, except for an

 

individual who has an emergency license issued under section 5a(4)

 

or a receipt serving as a concealed pistol license under section

 

5b(9) or 5l(3).

 

     (b) A federally licensed firearms dealer.

 

     (c) An individual who purchases a pistol from a federally

 

licensed firearms dealer in compliance with 18 USC 922(t).

 

     (2) If an individual described in subsection (1) purchases or

 

otherwise acquires a pistol, the seller shall complete a record in

 

triplicate on a form provided by the department of state police.

 

The record shall include the purchaser's concealed weapon license

 

number or, if the purchaser is a federally licensed firearms

 

dealer, his or her dealer license number. If the purchaser is not

 

licensed under section 5b and is not a federally licensed firearms

 

dealer, the record shall include the dealer license number of the

 

federally licensed firearms dealer who is selling the pistol. The

 

purchaser shall sign the record. The seller may retain 1 copy of

 

the record. The purchaser shall receive 2 copies of the record and

 

forward 1 copy to the police department of the city, village, or

 

township in which the purchaser resides, or, if the purchaser does

 

not reside in a city, village, or township having a police

 

department, to the county sheriff, within 10 days following the

 

purchase or acquisition. The return of the copy to the police

 

department or county sheriff 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 police department or county sheriff. 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. If the purchaser is licensed

 

under section 5b, the court shall notify the licensing authority of

 

that determination.

 

     (3) Within 10 days after receiving the record copy returned

 

under subsection (2), the police department or county sheriff 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 police department

 

or county sheriff does not have that ability, the police department

 

or county sheriff shall provide that information to the department

 

of state police in a manner otherwise required by the department of

 

state police. Any police department or county sheriff 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

 

record copy returned under subsection (2) to the department of

 

state police, the police department or county sheriff shall forward

 

the copy of the record 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 police department or county

 

sheriff may charge a fee not to exceed $1.00 for the cost of

 

providing the copy. The purchaser 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 record. However, the person is not required to have the

 

record in his or her possession while carrying, using, possessing,

 

or transporting the pistol after this period.

 

     (4) This section does not apply to a person or entity exempt

 

under section 2(7).

 

     (5) An individual who makes a material false statement on a

 

sales record under this section is guilty of a felony punishable by

 

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

 

$2,500.00, or both.

 

     (6) The department of state police may promulgate rules to

 

implement this section.

 

     (7) As used in this section:

 

     (a) Before December 18, 2012, "federally licensed firearms

 

dealer" means an individual who holds a type 01 dealer license

 

under 18 USC 923.

 

     (b) Beginning December 18, 2012, "federally licensed firearms

 

dealer" means a person licensed to sell firearms under 18 USC 923.

 

     (c) "Person" means an individual, partnership, corporation,

 

association, or other legal entity.

 

     Sec. 4. (1) A person 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 the concealed

 

weapons licensing board circuit court in the county in which he or

 

she resides for restoration of those rights.

 

     (2) A person 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 the concealed weapons licensing

 

board circuit court in the county in which he or she resides for

 

restoration of those rights.

 

     (3) Not more than 1 application may be submitted under

 

subsection (1) or (2) in any calendar year. The concealed weapons

 

licensing board may circuit court shall charge a fee of not more

 

than $10.00 for the actual and necessary expenses of each

 

application.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 concealed weapons licensing board circuit court shall,

 

by written order, of the board, restore the rights of a person 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 board circuit court

 

determines, by clear and convincing evidence, that all of the

 

following circumstances exist:

 

     (a) The person properly submitted an application 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 has paid all fines imposed for the violation

 

resulting in the prohibition.

 

     (ii) The person has served all terms of imprisonment imposed

 

for the violation resulting in the prohibition.

 

     (iii) The person has successfully completed all conditions of

 

probation or parole imposed for the violation resulting in the

 

prohibition.

 

     (c) The person's record and reputation are such that the

 

person is not likely to act in a manner dangerous to the safety of

 

other persons.

 

     (5) If the concealed weapons licensing board under subsection

 

(4) refuses to restore a right under this section, the person may

 

petition the circuit court for review of that decision.

 

     Sec. 5. (1) County sheriffs, local police agencies, and county

 

clerks shall provide concealed pistol application kits during

 

normal business hours and free of charge to individuals who wish to

 

apply for licenses to carry concealed pistols. Each kit shall only

 

contain all of the following:

 

     (a) A concealed pistol license application form provided by

 

the director of the department of state police.

 

     (b) The fingerprint cards required under section

 

5b(11).5b(10), if required.

 

     (c) Written information regarding the procedures involved in

 

obtaining a license to carry a concealed pistol. , including

 

information regarding the right to appeal the denial of a license

 

and the form required for that appeal.

 

     (d) Written information identifying entities that offer the

 

training required under section 5b(7)(c), if maintained by the

 

county clerk.

 

     (2) A county sheriff, local police agency, or county clerk

 

shall not deny an individual the right to receive a concealed

 

pistol application kit under this section.

 

     (3) An individual who is denied an application kit under this

 

section and obtains an order of mandamus directing the concealed

 

weapon licensing board county clerk to provide him or her with the

 

application kit shall be awarded his or her actual and reasonable

 

costs and attorney fees for obtaining the order.

 

     (4) The department of state police shall provide the

 

application kits required under this section to county sheriffs,

 

local law enforcement agencies, and county clerks in sufficient

 

quantities to meet demand. an electronic format. The department of

 

state police shall not charge a fee for the kits.

 

     Sec. 5a. (1) Each county shall have a concealed weapon

 

licensing board. The concealed weapon licensing board of each

 

county shall have the following members:

 

     (a) The county prosecuting attorney or his or her designee.

 

However, if the county prosecuting attorney decides that he or she

 

does not want to be a member of the concealed weapon licensing

 

board, he or she shall notify the county board of commissioners in

 

writing that he or she does not want to be a member of the

 

concealed weapon licensing board for the balance of his or her term

 

in office. The county board of commissioners shall then appoint a

 

replacement for the prosecuting attorney who is a firearms

 

instructor who has the qualifications prescribed in section

 

5j(1)(c). The person who replaces the prosecuting attorney shall

 

serve on the concealed weapon licensing board in place of the

 

prosecuting attorney for the remaining term of the county

 

prosecuting attorney unless removed for cause by the county board

 

of commissioners. If a vacancy occurs on the concealed weapon

 

licensing board of the person appointed pursuant to this section

 

during the term of office of the county prosecuting attorney, the

 

county board of commissioners shall appoint a replacement person

 

who is a firearms instructor who has the qualifications prescribed

 

in section 5j(1)(c).

 

     (b) The county sheriff or his or her designee.

 

     (c) The director of the department of state police or his or

 

her designee.

 

     (2) If a prosecuting attorney chooses not to be a member of

 

the concealed weapon licensing board, all of the following apply:

 

     (a) The prosecuting attorney shall be notified of all

 

applications received by the concealed weapon licensing board.

 

     (b) The prosecuting attorney shall be given an opportunity to

 

object to granting a license to carry a concealed pistol and

 

present evidence bearing directly on an applicant's suitability to

 

carry a concealed pistol safely.

 

     (c) The prosecuting attorney shall disclose to the concealed

 

weapon licensing board any information of which he or she has

 

actual knowledge that bears directly on an applicant's suitability

 

to carry a concealed pistol safely.

 

     (3) The county prosecuting attorney or his or her designee

 

shall serve as chairperson of the board unless the prosecuting

 

attorney does not want to be a member of the concealed weapon

 

licensing board, in which case the concealed weapon licensing board

 

shall elect its chairperson. Two members of the concealed weapon

 

licensing board constitute a quorum of the concealed weapon

 

licensing board. The business of the concealed weapon licensing

 

board shall be conducted by a majority vote of all of the members

 

of the concealed weapon licensing board.

 

     (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) (4) The county clerk shall serve as the clerk of the

 

concealed weapon licensing board.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.

 

     (5) Except as otherwise provided in this act, the concealed

 

weapon licensing board has exclusive authority to issue, deny,

 

revoke, or suspend a license to carry a concealed pistol. The

 

concealed weapon licensing board shall perform other duties as

 

provided by law.

 

     (6) The concealed weapon licensing board may convene not more

 

than 3 panels to assist the board in evaluating applicants. The

 

panels shall be composed of representatives as prescribed in

 

subsection (1). The panels do not have the authority to issue,

 

deny, revoke, or suspend a license.

 

     (3) (7) The concealed weapon licensing board may investigate

 

the department of state police shall verify under section 5b(6)

 

whether an applicant for a license to carry a concealed pistol .

 

The investigation shall be restricted to determining only whether

 

the applicant is eligible under this act to receive a license to

 

carry a concealed pistol. , and the investigation regarding the

 

issuance of a license shall end after that determination is made.

 

The concealed weapon licensing board may require the applicant to

 

appear before the board at a mutually agreed-upon time for a

 

conference. The applicant's failure or refusal to appear without

 

valid reason before the concealed weapon licensing board as

 

provided in this subsection is grounds for the board to deny

 

issuance of a license to carry a concealed pistol to that

 

applicant.

 

     (4) (8) If the concealed weapon licensing board A county clerk

 

shall issue an emergency license to carry a concealed pistol to an

 

applicant 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 if a county sheriff determines that there is probable

 

cause clear and convincing evidence to believe 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. , the concealed

 

weapon licensing board may, pending issuance of a license, issue a

 

temporary license to the individual to carry a concealed pistol. A

 

temporary 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 or member of the

 

applicant's family or household. A county clerk shall only issue an

 

emergency license to carry a concealed pistol to an applicant 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). An emergency license shall be on a form provided by

 

the department of state police. A temporary An applicant for an

 

emergency license shall, within 10 business days of applying for an

 

emergency license, complete a pistol training course under section

 

5j and apply for a license under section 5b. 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 emergency license shall be is

 

unrestricted and shall be is valid for not more than 180 days. A

 

temporary license may be renewed for 1 additional period of not

 

more than 180 days. A temporary 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) (9) 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 each concealed weapon licensing board in

 

this state for distribution under this subsection. A concealed

 

weapon licensing board 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 concealed weapon

 

licensing board 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) To 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 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

 

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 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 allow

 

the applicant to designate whether the applicant seeks an emergency

 

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. Beginning December 1, 2015, not more

 

than 1 application may be submitted under this subsection in any

 

calendar year. Beginning December 1, 2015, 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 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 completed application

 

under this section expires 1 year from the date of application.

 

Beginning December 1, 2015, 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 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, and, beginning December 1,

 

2015, his or her state-issued driver license or personal

 

identification card number. If 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) A 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 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. , 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.

 

     (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 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.

 

     (g) If Until November 30, 2015, if the applicant seeks a

 

temporary license, the facts supporting the issuance of that

 

temporary license.

 

     (h) The Until November 30, 2015, the names, residential

 

addresses, and telephone numbers of 2 individuals who are

 

references for the applicant.

 

     (i) A 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 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.

 

     (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 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 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.

 

     (5) Each 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 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 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. 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 application and licensing fee shall be

 

payable to the county. The Until November 30, 2015, the county

 

treasurer shall deposit $41.00 $15.00 of each application and

 

licensing 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 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 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

 

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 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.

 

If Beginning December 1, 2015, 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. The 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) The Until November 30, 2015, the concealed weapon

 

licensing board and, beginning December 1, 2015, 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 after the applicant properly submits an application

 

under subsection (1) and 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. The 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. If 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. The Until November 30, 2015, the concealed weapon

 

licensing board shall immediately issue a temporary license to that

 

applicant. The 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

 

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 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 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 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.

 

     (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. , 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 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 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 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 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.

 

     (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) (vi) Section 185 185(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) (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).

 

     (iv) (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) 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) 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).

 

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

 

MCL 333.7403 (possession of controlled substance, controlled

 

substance analogue, or prescription form).

 

     (vii) (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

 

(operating locomotive under the influence of intoxicating liquor or

 

a controlled substance, or while visibly impaired, second offense).

 

     (viii) (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(7) 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).

 

     (xx) Section 145n of the Michigan penal code, 1931 PA 328, MCL

 

750.145n (vulnerable adult abuse).

 

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

 

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

 

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

 

750.215 (impersonating peace officer or medical examiner).

 

     (xxiii) Section 223 of the Michigan penal code, 1931 PA 328, MCL

 

750.223 (illegal sale of a firearm or ammunition).

 

     (xxiv) Section 224d of the Michigan penal code, 1931 PA 328,

 

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

 

     (xxv) Section 226a of the Michigan penal code, 1931 PA 328, MCL

 

750.226a (sale or possession of a switchblade).

 

     (xxvi) Section 227c of the Michigan penal code, 1931 PA 328,

 

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

 

     (xxvii) Former section 228 of the Michigan penal code, 1931 PA

 

328 (failure to have a pistol inspected).

 

     (xxviii) Section 229 of the Michigan penal code, 1931 PA 328,

 

MCL 750.229 (accepting a pistol in pawn).

 

     (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).

 

     (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).

 

     (xxxi) Section 233 of the Michigan penal code, 1931 PA 328, MCL

 

750.233 (intentionally aiming a firearm without malice).

 

     (xxxii) Section 234 of the Michigan penal code, 1931 PA 328, MCL

 

750.234 (intentionally discharging a firearm aimed without malice).

 

     (xxxiii) Section 234d of the Michigan penal code, 1931 PA 328,

 

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

 

     (xxxiv) Section 234e of the Michigan penal code, 1931 PA 328,

 

MCL 750.234e (brandishing a firearm in public).

 

     (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).

 

     (xxxvi) Section 235 of the Michigan penal code, 1931 PA 328, MCL

 

750.235 (intentionally discharging a firearm aimed without malice

 

causing injury).

 

     (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).

 

     (xxxviii) Section 236 of the Michigan penal code, 1931 PA 328,

 

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

 

     (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).

 

     (xl) Section 237a of the Michigan penal code, 1931 PA 328, MCL

 

750.237a (weapon free school zone violation).

 

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

 

750.335a (indecent exposure).

 

     (xlii) Section 411h of the Michigan penal code, 1931 PA 328, MCL

 

750.411h (stalking).

 

     (xliii) Section 520e of the Michigan penal code, 1931 PA 328, MCL

 

750.520e (fourth degree criminal sexual conduct).

 

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

 

or negligent use of a firearm resulting in injury or death).

 

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

 

or negligent use of a firearm resulting in property damage).

 

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

 

discharge of a firearm).

 

     (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) (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).(xi).

 

     (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) 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 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).

 

     (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) (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).

 

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

 

333.7401 to 333.7461 (controlled substance violation).

 

     (v) (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 (operating locomotive under

 

the influence).

 

     (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-vacant building).

 

     (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 stolen property).

 

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

 

MCL 750.540e (malicious use of telephones).

 

     (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) (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).(vi).

 

     (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 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 diagnosed 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 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.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 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 and have

 

that classifiable fingerprints be taken by the county clerk,

 

department of state police, county sheriff, or a local police

 

agency, if that local police agency maintains 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

 

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 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. 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,

 

or 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 entity

 

providing fingerprinting services shall issue the applicant a

 

receipt at the time his or her fingerprints are taken. Beginning

 

December 1, 2015, 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

 

receipt under this subsection shall 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 name of the entity providing the fingerprint services.

 

     (e) The applicant'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 be taken, under subsection (9), on

 

forms and 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 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. Within Federal Bureau of

 

Investigation. Until November 30, 2015, within 10 days after

 

receiving a report of the fingerprints from the federal bureau of

 

investigation, 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 Beginning

 

December 1, 2015, within 5 business days of completing the

 

verification under subsection (6), the department shall send the

 

county clerk a list of an applicant'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. The Beginning

 

December 1, 2015, and 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 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.Federal Bureau of Investigation. Beginning December

 

1, 2015, 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) The 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 county

 

clerk shall send by first-class mail a notice of statutory

 

disqualification for a license under this act to an applicant 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 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). If Beginning

 

December 1, 2015, and 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 has classifiable fingerprints taken under subsection

 

(9). Beginning December 1, 2015, 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 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 both all of the

 

following:

 

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

 

denial or disqualification. Information under this subdivision

 

shall include all of the following:

 

     (i) A Until November 30, 2015, a statement of the specific and

 

articulable facts supporting the denial. Beginning December 1,

 

2015, a statement of each statutory disqualification identified.

 

     (ii) Copies 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 source of the

 

record for each statutory disqualification identified.

 

     (iii) Beginning December 1, 2015, the contact information for

 

the source of the record for each statutory disqualification

 

identified.

 

     (b) Inform the applicant 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 the applicant 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) If 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,

 

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 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. Upon 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 a license or notice of

 

statutory disqualification is not issued under subsection (13)

 

within 45 days after the date the applicant has classifiable

 

fingerprints taken under subsection (9), the receipt issued under

 

subsection (9) shall serve 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

 

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 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 concealed weapons licensing board suspends or

 

revokes a license issued under this act is suspended or revoked,

 

the license is forfeited and shall be returned the individual shall

 

return the license to the concealed weapon licensing board county

 

clerk forthwith by mail or in person. Beginning December 1, 2015,

 

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 county clerk shall notify the department of

 

state police if a license is suspended or revoked. Beginning

 

December 1, 2015, 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 concealed weapon

 

licensing board 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 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 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 by first-class

 

mail.

 

     (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 a

 

license under this act to an individual who later commits a crime

 

or a negligent act.

 

     (21) Beginning December 1, 2015, an individual licensed under

 

this act to carry a concealed pistol may voluntarily surrender that

 

license without explanation. Beginning December 1, 2015, 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 an individual voluntarily surrenders a license under this

 

subsection, the county clerk shall notify the department of state

 

police. Beginning December 1, 2015, 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) (19) 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.

 

     (v) For an individual who is a motor carrier officer or

 

capitol security officer of the department of state police, his or

 

her employee identification.

 

     (vi) For an individual who is a member of a sheriff's posse,

 

his or her identification.

 

     (vii) For an individual who is an auxiliary officer or reserve

 

officer of a police or sheriff's department, his or her employee

 

identification.

 

     (viii) For an individual who is a parole or probation officer of

 

the department of corrections, his or her employee identification.

 

     (ix) 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.

 

     (x) For an individual who is a court officer, his or her

 

employee identification.

 

     (b) (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.

 

     (c) (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.

 

     (d) (c) "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) (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.

 

     (f) (e) "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. 5c. (1) A license to carry a concealed pistol shall be in

 

a form, with the same dimensions as a Michigan operator license,

 

prescribed by the department of state police. Beginning December 1,

 

2015, the license shall be constructed of plastic laminated paper

 

or hard plastic. No additional fee shall be charged for the license

 

unless otherwise prescribed in this act. A fee not to exceed $10.00

 

may be charged for an optional hard plastic license only if the

 

county clerk also provides the option of obtaining a plastic

 

laminated paper license at no charge. A county clerk shall deposit

 

a fee collected under this subsection in the concealed pistol

 

licensing fund of that county created in section 5x. The license

 

shall contain all of the following:

 

     (a) The licensee's full name and date of birth.

 

     (b) A photograph and a physical description of the licensee.

 

     (c) A statement of the effective dates of the license.

 

     (d) An indication of exceptions authorized by this act

 

applicable to the licensee.

 

     (e) The licensee's state-issued driver license or personal

 

identification card number.

 

     (f) The premises on which carrying a concealed pistol is

 

prohibited under section 5o.

 

     (g) The peace officer disclosure required under section 5f(3).

 

     (h) (e) An indication whether the license is a duplicate or an

 

emergency license.

 

     (i) If the license is an emergency license, an indication that

 

the emergency license does not exempt the individual from complying

 

with all applicable laws for the purchase of firearms.

 

     (2) The department of state police or a county clerk shall not

 

require a licensee's signature to appear on a license to carry a

 

concealed pistol.

 

     (3) (2) Subject to section 5o and except as otherwise provided

 

by law, a license to carry a concealed pistol issued by the county

 

concealed weapon licensing board county clerk authorizes the

 

licensee to do all of the following:

 

     (a) Carry a pistol concealed on or about his or her person

 

anywhere in this state.

 

     (b) Carry a pistol in a vehicle, whether concealed or not

 

concealed, anywhere in this state.

 

     (4) The secretary of state shall make a digitized photograph

 

taken of the applicant for a driver license or personal

 

identification card available to the department for use under this

 

act. The department shall provide the photograph of the applicant

 

received from the secretary of state to the county clerk who shall

 

use the photograph on the individual's license unless the applicant

 

does not have a digitized photograph on file with the secretary of

 

state. If an applicant does not have a digitized photograph on file

 

with the secretary of state, the applicant shall provide a

 

passport-quality photograph of the applicant as provided under

 

section 5b(1).

 

     Sec. 5d. (1) If the concealed weapon licensing board denies

 

issuance of a license to carry a concealed pistol, county clerk

 

issues a notice of statutory disqualification, fails to provide a

 

receipt that complies with section 5b(1) or 5l(3), or fails to issue

 

that a license to carry a concealed pistol as provided in this act,

 

the department of state police fails to provide a receipt that

 

complies with section 5l(3), or the county clerk, department of

 

state police, county sheriff, local police agency, or other entity

 

fails to provide a receipt that complies with section 5b(9), the

 

applicant may appeal the denial notice of statutory

 

disqualification, the failure to provide a receipt, or the failure

 

to issue the license to the circuit court in the judicial circuit

 

in which he or she resides. The appeal of the denial notice of

 

statutory disqualification, failure to provide a receipt, or

 

failure to issue a license shall be determined by a review of the

 

record for error. , except that if the decision of the concealed

 

weapon licensing board was based upon grounds specified in section

 

5b(7)(n) that portion of the appeal shall be by hearing de novo.

 

Witnesses in the hearing shall be sworn. A jury shall not be

 

provided in a hearing under this section.

 

     (2) If the court determines that the denial notice of

 

statutory disqualification, failure to provide a receipt that

 

complies with section 5b(1) or (9) or 5l(3), or failure to issue a

 

license was clearly erroneous or was arbitrary and capricious, the

 

court shall order the concealed weapon licensing board county clerk

 

to issue a license or receipt as required by this act. For

 

applications submitted after November 30, 2015, if the court

 

determines that the notice of statutory disqualification, failure

 

to provide a receipt that complies with section 5b(1) or (9) or

 

5l(3), or failure to issue a license was clearly erroneous, the

 

court may order an entity to refund any filing fees the applicant

 

incurred in filing the appeal, according to the degree of

 

responsibility of that entity.

 

     (3) If For applications submitted before December 1, 2015, if

 

the court determines that the decision of the concealed weapon

 

licensing board to deny issuance of a license to an applicant was

 

arbitrary and capricious, the court shall order this state to pay

 

1/3 and the county in which the concealed weapon licensing board is

 

located to pay 2/3 of the actual costs and actual attorney fees of

 

the applicant in appealing the denial. For applications submitted

 

on or after December 1, 2015, if the court under subsection (2)

 

determines that the notice of statutory disqualification, failure

 

to provide a receipt that complies with section 5b(1) or (9) or

 

5l(3), or failure to issue a license to an applicant was arbitrary

 

and capricious, the court shall order the county clerk, the entity

 

taking the fingerprints, or the state to pay the actual costs and

 

actual attorney fees of the applicant in appealing the notice of

 

statutory disqualification, failure to provide a receipt that

 

complies with section 5b(1) or (9) or 5l(3), or failure to issue a

 

license, according to the degree of responsibility of the county

 

clerk, the entity taking the fingerprints, or the state.

 

     (4) If the court determines that an applicant's appeal was

 

frivolous, the court shall order the applicant to pay the actual

 

costs and actual attorney fees of the concealed weapon licensing

 

board county clerk, entity taking the fingerprints, or the state in

 

responding to the appeal.

 

     Sec. 5e. (1) The department of state police shall create and

 

maintain a computerized database of individuals who apply under

 

this act for a license to carry a concealed pistol. The database

 

shall contain only the following information as to each individual:

 

     (a) The individual's name, date of birth, address, and county

 

of residence, and state-issued driver license and personal

 

identification card number.

 

     (b) If the individual is licensed to carry a concealed pistol

 

in this state, the license number and date of expiration.

 

     (c) Except as provided in subsection (2), if the individual

 

was denied a license to carry a concealed pistol after July 1, 2001

 

or issued a notice of statutory disqualification, a statement of

 

the reasons for that denial or notice of statutory

 

disqualification.

 

     (d) A statement of all criminal charges pending and criminal

 

convictions obtained against the individual during the license

 

period.

 

     (e) A statement of all determinations of responsibility for

 

civil infractions of this act pending or obtained against the

 

individual during the license period.

 

     (f) The status of the individual's application or license.

 

     (2) If an individual who was denied a license to carry a

 

concealed pistol after July 1, 2001 or issued a notice of statutory

 

disqualification is subsequently issued a license to carry a

 

concealed pistol, the department of state police shall delete from

 

the computerized database the previous reasons for the denial or

 

notice of statutory disqualification.

 

     (3) The department of state police shall enter the information

 

described in subsection (1)(a), and (b), and (f) into the law

 

enforcement information network.

 

     (4) Information in the database shall only be accessed and

 

disclosed according to an access protocol that includes the

 

following requirements:

 

     (a) That the requestor of the firearms records uses the law

 

enforcement information network or another system that maintains a

 

record of the requestor's identity, time, and date that the request

 

was made.

 

     (b) Requires the requestor in an intentional query by name of

 

the firearms records to attest that the firearms records were

 

sought under 1 of the lawful purposes provided in section 1b(2).

 

     (5) The department of state police shall by January 1 of each

 

year file with the secretary of the senate and the clerk of the

 

house of representatives, and post on the department of state

 

police's internet website, an annual report setting forth all of

 

the following information for each county concealed weapon

 

licensing board:the state for the previous fiscal year:

 

     (a) The number of concealed pistol applications received.

 

     (b) The number of concealed pistol licenses issued.

 

     (c) The number of concealed pistol licenses denied.statutorily

 

disqualified applicants.

 

     (d) Categories for denial statutory disqualification under

 

subdivision (c).

 

     (e) The number of concealed pistol licenses suspended or

 

revoked.

 

     (f) Categories for suspension or revocation under subdivision

 

(e).

 

     (g) The number of applications pending at the time the report

 

is made.

 

     (h) The mean and median amount of time and the longest and

 

shortest amount of time used by the federal bureau of investigation

 

Federal Bureau of Investigation to supply the fingerprint

 

comparison report required in section 5b(10). The department may

 

use a statistically significant sample to comply with this

 

subdivision.

 

     (i) The number of charges of state civil infractions of this