SENATE BILL No. 584

September 20, 2017, Introduced by Senators MEEKHOF, GREEN, PAVLOV and SHIRKEY and referred to the Committee on Government Operations.

A bill to amend 1927 PA 372, entitled

"An act to regulate and license the selling, purchasing,

possessing, and carrying of certain firearms, gas ejecting devices,

and electro-muscular disruption devices; to prohibit the buying,

selling, or carrying of certain firearms, gas ejecting devices, and

electro-muscular disruption devices without a license or other

authorization; to provide for the forfeiture of firearms and

electro-muscular disruption devices under certain circumstances; to

provide for penalties and remedies; to provide immunity from civil

liability under certain circumstances; to prescribe the powers and

duties of certain state and local agencies; to prohibit certain

conduct against individuals who apply for or receive a license to

carry a concealed pistol; to make appropriations; to prescribe

certain conditions for the appropriations; and to repeal all acts

and parts of acts inconsistent with this act,"

by amending sections 5a, 5b, 5d, and 5o (MCL 28.425a, 28.425b,

28.425d, and 28.425o), sections 5a, 5b, and 5o as amended by 2017

PA 95 and section 5d as amended by 2015 PA 3.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 5a. (1) A license to carry a concealed pistol issued by a

concealed weapon licensing board before December 1, 2015 is valid

and remains in effect until the expiration of that license or as

otherwise provided by law.

(2) The county clerk is responsible for all of the following:

(a) Storing and maintaining all records related to issuing a

license or notice of statutory disqualification in that county.

(b) Issuing licenses to carry a concealed pistol.

suspensions, and notices of revocations.

(3) The department of state police shall verify under section

5b(6) whether an applicant for a license to carry a concealed

pistol is eligible to receive a license to carry a concealed

pistol.

(4) A county clerk shall issue an emergency license to carry a

concealed pistol to an individual if the individual has obtained a

personal protection order issued under section 2950 or 2950a of the

revised judicature act of 1961, 1961 PA 236, MCL 600.2950 and

600.2950a, or to that individual if a county sheriff determines

that there is clear and convincing evidence to believe the safety

of the individual or the safety of a member of the individual's

family or household is endangered by the individual's inability to

immediately obtain a license to carry a concealed pistol. Clear and

convincing evidence includes, but is not limited to, an application

for a personal protection order, police reports and other law

enforcement records, or written, audio, or visual evidence of

threats to the individual or member of the individual's family or

household. A county clerk shall only issue an emergency license to

carry a concealed pistol to an individual who has obtained a

personal protection order if the individual is eligible under

section 5b(7)(d), (e), (f), (h), (i), (j), (k), and (m) to receive

a license based on a criminal record check through the law

enforcement information network conducted by the department of

state police. The county sheriff shall only issue a determination

under this subsection to an individual who is eligible under

section 5b(7)(d), (e), (f), (h), (i), (j), (k), and (m) to receive

a license based on a criminal record check through the law

enforcement information network and only after the county sheriff

has taken the individual's fingerprints in compliance with section

5b(9). A county sheriff shall notify the county clerk if the county

sheriff determines that an individual is not eligible under section

5b(7)(d), (e), (f), (h), (i), (j), (k), or (m) to receive a

license. An emergency license must be on a form provided by the

department of state police. An individual who applies for an

emergency license shall, within 10 business days after applying for

an emergency license, complete a pistol training course under

section 5j and apply for a license under section 5b. If an

individual who applies for an emergency license does not complete a

pistol training course under section 5j and apply for a license

under section 5b within 10 business days after applying for an

emergency license, that individual's emergency license is no longer

valid. A county sheriff who makes a determination under this

section, performs a criminal record check, and takes the

applicant's fingerprints may charge a fee not to exceed $15.00. A

county clerk may charge a fee not to exceed $10.00 for printing an

emergency license. A county clerk shall deposit a fee collected by

the county clerk under this subsection in the concealed pistol

licensing fund of that county created in section 5x. Except as

otherwise provided in this subsection, an emergency license is

valid for 45 days or until the county clerk issues 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 or if the applicant requests the exemption

indorsement on his or her application form and is eligible for the

exemption under section 5o(5)(l). An individual shall not obtain

more than 1 emergency license in any 5-year period. If a county

clerk issues a notice of statutory disqualification to an applicant

who received an emergency license under this section, the applicant

shall immediately surrender the emergency license to the county

clerk by mail or in person if that emergency license has not

expired. An individual who fails to surrender a license as required

by this subsection after he or she is notified of a statutory

disqualification is guilty of a misdemeanor punishable by

imprisonment for not more than 93 days or a fine of not more than

$500.00, or both.

(5) The legislative service bureau shall compile the firearms

laws of this state, including laws that apply to carrying a

concealed pistol, and shall provide copies of the compilation in an

electronic format to the department of state police. The department

of state police shall provide a copy of the compiled laws to each

county clerk in this state. The department of state police shall

also provide forms to appeal any notice of statutory

disqualification, or suspension or revocation of a license under

this act. The department of state police shall distribute copies of

the compilation and forms required under this subsection in an

electronic format to each county clerk. The county clerk shall

distribute a copy of the compilation and forms at no charge to each

individual who applies for a license to carry a concealed pistol at

the time the application is submitted. The county clerk may

distribute copies of the compilation and forms required under this

subsection in an electronic format. The county clerk shall require

the applicant to sign a written statement acknowledging that he or

she has received a copy of the compilation and forms provided under

this subsection. An individual is not eligible to receive a license

to carry a concealed pistol until he or she has signed the

statement.

Sec. 5b. (1) To obtain a license to carry a concealed pistol,

an individual shall apply to the county clerk in the county in

which the individual resides. The applicant shall file the

application with the county clerk in the county in which the

applicant resides during the county clerk's normal business hours.

The application must be on a form provided by the director of the

department of state police and allow the applicant to designate

whether the applicant seeks an emergency license and whether he or

she seeks an exemption from the prohibition against carrying a

concealed pistol on the premises described in section 5o. The

applicant shall sign the application under oath. The county clerk

or his or her representative shall administer the oath. 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). 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. A completed

application and all receipts issued under this section expire 1

year from the date of application. 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 must contain all of the

following:

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

his or her primary residence, and his or her state-issued driver

license or personal identification card number.

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

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

state police to access any record needed to perform the

verification in subsection (6).

(d) A statement by the applicant regarding whether he or she

has a history of mental illness that would disqualify him or her

under subsection (7)(j) to (l) from receiving a license to carry a

concealed pistol.

(e) A statement by the applicant regarding whether he or she

has ever been convicted in this state or elsewhere for any of the

following:

(i) Any felony.

(ii) A misdemeanor listed under subsection (7)(h) if the

applicant was convicted of that misdemeanor in the 8 years

immediately preceding the date of the application, or a misdemeanor

listed under subsection (7)(i) if the applicant was convicted of

that misdemeanor in the 3 years immediately preceding the date of

the application.

(f) A statement by the applicant whether he or she has been

dishonorably discharged from the United States Armed Forces.

(g) If an applicant does not have a digitized photograph on

file with the secretary of state, a passport-quality photograph of

the applicant provided by the applicant at the time of application.

(h) 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 must contain a conspicuous

warning that the application is executed under oath and that

intentionally making a material false statement on the application

is a felony punishable by imprisonment for not more than 4 years or

a fine of not more than $2,500.00, or both.

(3) An individual who intentionally makes a material false

statement on an application under subsection (1) is guilty of a

felony punishable by imprisonment for not more than 4 years or a

fine of not more than $2,500.00, or both.

(4) The county clerk shall retain a copy of each application

for a license to carry a concealed pistol as an official record.

One year after the expiration of a concealed pistol license, the

county clerk may destroy the record and a name index of the record

shall be maintained in the database created in section 5e.

(5) Each applicant shall pay a nonrefundable application and

licensing fee of $100.00 by any method of payment accepted by that

county for payments of other fees and penalties. Except as provided

in subsection (9), no other charge, fee, cost, or assessment,

including any local charge, fee, cost, or assessment, is required

of the applicant except as specifically authorized in this act. The

applicant shall pay the application and licensing fee to the

county. The county treasurer shall deposit $26.00 of each

application and licensing fee collected under this section in the

concealed pistol licensing fund of that county created in section

5x. The county treasurer shall forward the balance remaining to the

state treasurer. The state treasurer shall deposit the balance of

the fee in the general fund to the credit of the department of

state police. The department of state police shall use the money

received under this act to process the fingerprints and to

reimburse the Federal Bureau of Investigation for the costs

associated with processing fingerprints submitted under this act.

The balance of the money received under this act must be credited

to the department of state police.

(6) 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.

(7) The county clerk shall issue and shall send by first-class

mail a license to an applicant to carry a concealed pistol within

the period required under this act if the 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 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. 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

residency requirement and the applicant may apply for a concealed

pistol license at the time the applicant's residency in this state

is established. For the purposes of this section, an individual is

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

apply:

(i) The individual has a valid, lawfully obtained driver

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

257.1 to 257.923, or official state personal identification card

issued under 1972 PA 222, MCL 28.291 to 28.300.

(ii) The individual is lawfully registered to vote in this

state.

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

States Armed Forces and is stationed outside of this state, but the

individual's home of record is in this state.

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

States Armed Forces and is permanently stationed in this state, but

the individual's home of record is in another state.

safe use and handling of a pistol by the successful completion of a

pistol safety training course or class that meets the requirements

of section 5j.

(d) Based solely on the report received from the department of

state police under subsection (6), the applicant is not the subject

of an order or disposition under any of the following:

(i) Section 464a of the mental health code, 1974 PA 258, MCL

330.1464a.

(ii) Section 5107 of the estates and protected individuals

code, 1998 PA 386, MCL 700.5107.

(iii) Sections 2950 and 2950a of the revised judicature act of

1961, 1961 PA 236, MCL 600.2950 and 600.2950a.

(iv) Section 6b of chapter V of the code of criminal

procedure, 1927 PA 175, MCL 765.6b, if the order has a condition

imposed under section 6b(3) of chapter V of the code of criminal

procedure, 1927 PA 175, MCL 765.6b.

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

procedure, 1927 PA 175, MCL 769.16b.

(e) Based solely on the report received from the department of

state police under subsection (6), the applicant is not prohibited

from possessing, using, transporting, selling, purchasing,

carrying, shipping, receiving, or distributing a firearm under

section 224f of the Michigan penal code, 1931 PA 328, MCL 750.224f.

(f) Based solely on the report received from the department of

state police under subsection (6), the applicant has never been

convicted of a felony in this state or elsewhere, and a felony

charge against the applicant is not pending in this state or

elsewhere at the time he or she applies for a license described in

this section.

(g) The applicant has not been dishonorably discharged from

the United States Armed Forces.

(h) Based solely on the report received from the department of

state police under subsection (6), the applicant has not been

convicted of a misdemeanor violation of any of the following in the

8 years immediately preceding the date of application and a charge

for a misdemeanor violation of any of the following is not pending

against the applicant in this state or elsewhere at the time he or

she applies for a license described in this section:

(i) Section 617a (failing to stop when involved in a personal

injury accident), section 625 as punishable under subsection (9)(b)

of that section (operating while intoxicated, second offense),

section 625m as punishable under subsection (4) of that section

(operating a commercial vehicle with alcohol content, second

offense), section 626 (reckless driving), or a violation of section

904(1) (operating while license suspended or revoked, second or

subsequent offense) of the Michigan vehicle code, 1949 PA 300, MCL

257.617a, 257.625, 257.625m, 257.626, and 257.904.

(ii) Section 185(7) of the aeronautics code of the state of

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

the influence of intoxicating liquor or a controlled substance with

prior conviction).

(iii) Section 29 of the weights and measures act, 1964 PA 283,

MCL 290.629 (hindering or obstructing certain persons performing

official weights and measures duties).

(iv) Section 10 of the motor fuels quality act, 1984 PA 44,

MCL 290.650 (hindering, obstructing, assaulting, or committing

bodily injury upon director or authorized representative).

(v) Section 80176 as punishable under section 80177(1)(b)

(operating vessel under the influence of intoxicating liquor or a

controlled substance, second offense), section 81134 as punishable

under subsection (8)(b) of that section (operating ORV under the

influence of intoxicating liquor or a controlled substance, second

or subsequent offense), or section 82127 as punishable under

section 82128(1)(b) (operating snowmobile under the influence of

intoxicating liquor or a controlled substance, second offense) of

the natural resources and environmental protection act, 1994 PA

451, MCL 324.80176, 324.80177, 324.81134, 324.82127, and 324.82128.

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

333.7403 (possession of controlled substance, controlled substance

analogue, or prescription form).

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

MCL 462.353, punishable under subsection (4) of that section

(operating locomotive under the influence of intoxicating liquor or

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

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

sexually explicit matter to minors).

(ix) Section 81 (assault or domestic assault), section 81a(1)

or (2) (aggravated assault or aggravated domestic assault), section

115 (breaking and entering or entering without breaking), section

136b(7) (fourth degree child abuse), section 145n (vulnerable adult

abuse), section 157b(3)(b) (solicitation to commit a felony),

section 215 (impersonating peace officer or medical examiner),

section 223 (illegal sale of a firearm or ammunition), section 224d

(illegal use or sale of a self-defense spray), section 226a (sale

or possession of a switchblade), section 227c (improper

transportation of a loaded firearm), section 229 (accepting a

pistol in pawn), section 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,

750.232a, 750.233, 750.234, 750.234d, 750.234e, 750.234f, 750.235,

750.235a, 750.236, 750.237, 750.237a, 750.335a, 750.411h, and

750.520e.

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

328.

(xi) Section 1 (reckless, careless, or negligent use of a

firearm resulting in injury or death), section 2 (careless,

reckless, or negligent use of a firearm resulting in property

damage), or section 3a (reckless discharge of a firearm) of 1952 PA

45, MCL 752.861, 752.862, and 752.863a.

(xii) A violation of a law of the United States, another

state, or a local unit of government of this state or another state

substantially corresponding to a violation described in

subparagraphs (i) to (xi).

(i) Based solely on the report received from the department of

state police under subsection (6), the applicant has not been

convicted of a misdemeanor violation of any of the following in the

3 years immediately preceding the date of application unless the

misdemeanor violation is listed under subdivision (h) and a charge

for a misdemeanor violation of any of the following is not pending

against the applicant in this state or elsewhere at the time he or

she applies for a license described in this section:

(i) Section 625 (operating under the influence), section 625a

(refusal of commercial vehicle operator to submit to a chemical

test), section 625k (ignition interlock device reporting

violation), section 625l (circumventing an ignition interlock

device), or section 625m punishable under subsection (3) of that

section (operating a commercial vehicle with alcohol content) of

the Michigan vehicle code, 1949 PA 300, MCL 257.625, 257.625a,

257.625k, 257.625l, and 257.625m.

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

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

influence).

(iii) Section 81134 (operating ORV under the influence or

operating ORV while visibly impaired), or section 82127 (operating

a snowmobile under the influence) of the natural resources and

environmental protection act, 1994 PA 451, MCL 324.81134 and

324.82127.

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

333.7401 to 333.7461 (controlled substance violation).

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

462.353, punishable under subsection (3) of that section (operating

locomotive under the influence).

(vi) Section 167 (disorderly person), section 174

(embezzlement), section 218 (false pretenses with intent to

defraud), section 356 (larceny), section 356d (second degree retail

fraud), section 359 (larceny from a vacant building or structure),

section 362 (larceny by conversion), section 362a (larceny �

defrauding lessor), section 377a (malicious destruction of

property), section 380 (malicious destruction of real property),

section 535 (receiving or concealing stolen property), or section

540e (malicious use of telecommunications service or device) of the

Michigan penal code, 1931 PA 328, MCL 750.167, 750.174, 750.218,

750.356, 750.356d, 750.359, 750.362, 750.362a, 750.377a, 750.380,

750.535, and 750.540e.

(vii) A violation of a law of the United States, another

state, or a local unit of government of this state or another state

substantially corresponding to a violation described in

subparagraphs (i) to (vi).

(j) Based solely on the report received from the department of

state police under subsection (6), the applicant has not been found

guilty but mentally ill of any crime and has not offered a plea of

not guilty of, or been acquitted of, any crime by reason of

insanity.

(k) Based solely on the report received from the department of

state police under subsection (6), the applicant is not currently

and has never been subject to an order of involuntary commitment in

an inpatient or outpatient setting due to mental illness.

(l) The applicant has filed a statement under subsection

(1)(d) that the applicant does not have a diagnosis of mental

illness that includes an assessment that the individual presents a

danger to himself or herself or to another at the time the

application is made, regardless of whether he or she is receiving

treatment for that illness.

(m) Based solely on the report received from the department of

state police under subsection (6), the applicant is not under a

court order of legal incapacity in this state or elsewhere.

(n) The applicant has a valid state-issued driver license or

personal identification card.

(8) Upon entry of a court order or conviction of 1 of the

enumerated prohibitions for using, transporting, selling,

purchasing, carrying, shipping, receiving, or distributing a

firearm in this section the department of state police shall

immediately enter the order or conviction into the law enforcement

information network. For purposes of this act, information of the

court order or conviction must not be removed from the law

enforcement information network, but may be moved to a separate

file intended for the use of the department of state police, the

courts, and other government entities as necessary and exclusively

to determine eligibility to be licensed under this act.

(9) An individual, after submitting an application and paying

the fee prescribed under subsection (5), shall request that

classifiable fingerprints be taken by a county clerk, the

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

agency, or other entity, if the county clerk, department of state

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

provides fingerprinting capability for the purposes of this act. An

individual who has had classifiable fingerprints taken under

section 5a(4) does not need additional fingerprints taken under

this subsection. If the individual requests that classifiable

fingerprints be taken by the county clerk, department of state

police, county sheriff, a local police agency, or other entity, the

individual shall also pay a fee of $15.00 by any method of payment

accepted for payments of other fees and penalties. A county clerk

shall deposit any fee it accepts under this subsection in the

concealed pistol licensing fund of that county created in section

5x. The county clerk, department of state police, county sheriff,

local police agency, or other entity shall take the fingerprints

within 5 business days after the request. County clerks, the

department of state police, county sheriffs, local police agencies,

and other entities shall provide reasonable access to

fingerprinting services during normal business hours as is

necessary to comply with the requirements of this act if the county

clerk, department of state police, county sheriff, local police

agency, or other entity provides fingerprinting capability for the

purposes of this act. The entity providing fingerprinting services

shall issue the individual a receipt at the time his or her

fingerprints are taken. 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). A receipt under this subsection must

contain all of the following:

(a) The name of the individual.

(b) The date and time the receipt is issued.

(d) The name of the entity providing the fingerprint services.

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

identification card number.

(f) The statement "This receipt was issued for the purpose of

applying for a concealed pistol license. As provided in section 5b

of 1927 PA 372, MCL 28.425b, if a license or notice of statutory

disqualification is not issued within 45 days after the date this

receipt was issued, this receipt shall serve as a concealed pistol

license for the individual named in the receipt when carried with

an official state-issued driver license or personal identification

card. The receipt is valid as a license until a license or notice

of statutory disqualification is issued by the county clerk. This

receipt does not exempt the individual named in the receipt from

complying with all applicable laws for the purchase of firearms.".

(10) The fingerprints must be taken, under subsection (9), in

a manner prescribed by the department of state police. The county

clerk, county sheriff, local police agency, or other entity shall

immediately forward the fingerprints taken by that entity to the

department of state police for comparison with fingerprints already

on file with the department of state police. The department of

state police shall immediately forward the fingerprints to the

Federal Bureau of Investigation. Within 5 business days after

completing the verification under subsection (6), the department

shall send the county clerk a list of an individual's statutory

disqualifications under this act. 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. 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. 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 county clerk shall send by first-class mail a notice

of statutory disqualification for a license under this act to an

individual if the individual is not qualified under subsection (7)

to receive that license.

(12) A license to carry a concealed pistol that is issued

based upon an application that contains a material false statement

is void from the date the license is issued.

(13) 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

individual has classifiable fingerprints taken under subsection

(9). 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 or if the applicant requests the exemption

indorsement on his or her application form and is eligible for the

exemption under section 5o(5)(l). If the county clerk receives

notice from a county sheriff or chief law enforcement officer that

a licensee is no longer a member of a sheriff's posse, an auxiliary

officer, or a reserve officer, the county clerk shall notify the

licensee that he or she shall surrender the concealed pistol

license indicating that the individual is exempt from the

prohibitions against carrying a concealed pistol on premises

described in section 5o. The licensee shall, within 30 days after

receiving notice from the county clerk, surrender the license

indicating that the individual is exempt from the prohibitions

against carrying a concealed pistol on premises described in

section 5o and obtain a replacement license after paying the fee

required under subsection (15). If the county clerk issues a notice

of statutory disqualification, the county clerk shall within 5

business days do all of the following:

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

denial or disqualification. Information under this subdivision

~~shall~~ must include all of the following:

(i) A statement of each statutory disqualification identified.

(ii) The source of the record for each statutory

disqualification identified.

(iii) The contact information for the source of the record for

each statutory disqualification identified.

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

appeal the denial or notice of statutory disqualification to the

circuit court as provided in section 5d.

source of the record for any statutory disqualification to correct

any errors in the record resulting in the statutory

disqualification.

(14) If a license or notice of statutory disqualification is

not issued under subsection (13) within 45 days after the date the

individual has classifiable fingerprints taken under subsection

(9), the receipt issued under subsection (9) serves as a concealed

pistol license for purposes of this act when carried with a state-

issued driver license or personal identification card and is valid

until a license or notice of statutory disqualification is issued

by the county clerk.

(15) If an individual licensed under this act to carry a

concealed pistol moves to a different county within this state, his

or her license remains valid until it expires or is otherwise

suspended or revoked under this act. 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,

defaced, or replaced for any other reason may be replaced by the

issuing county clerk for a replacement fee of $10.00. A county

clerk shall deposit a replacement fee under this subsection in the

concealed pistol licensing fund of that county created in section

5x.

(16) If a license issued under this act is suspended or

revoked, the license is forfeited and the individual shall return

the license to the county clerk forthwith by mail or in person. 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. The county

clerk shall notify the department of state police if a license is

suspended or revoked. The department of state police shall enter

that suspension or revocation into the law enforcement information

network. An individual who fails to return a license as required

under this subsection after he or she was notified that his or her

license was suspended or revoked is guilty of a misdemeanor

punishable by imprisonment for not more than 93 days or a fine of

not more than $500.00, or both.

(17) An applicant or an individual licensed under this act to

carry a concealed pistol may be furnished a copy of his or her

application under this section upon request and the payment of a

reasonable fee not to exceed $1.00. The county clerk shall deposit

any fee collected under this subsection in the concealed pistol

licensing fund of that county created in section 5x.

(18) This section does not prohibit the county clerk from

making public and distributing to the public at no cost lists of

individuals who are certified as qualified instructors as

prescribed under section 5j.

(19) An individual who applies for and is granted an exemption

from section 5o at the time the individual applies for an original

or renewal license under this act is not required to pay any

additional fee. An individual who holds a valid license and who

applies for an exemption from section 5o at a time other than at

the time the individual applies for an original or renewal license

under this act may be required to pay a fee of not more than $20.00

for both receiving and processing the application for the exemption

and issuing a replacement license. The exemption must appear as an

indorsement on the face of the license. The county clerk shall

deposit the fee collected under this subsection in the concealed

pistol licensing fund of that county created under section 5x.

(20) ~~(19)~~ 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. 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. A county clerk may also deliver a replacement license by

first-class mail if the individual submits to the clerk a written

request and a copy of the individual's state-issued driver license

or personal identification card.

(21) ~~(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 issuing a license under

this act to an individual who later commits a crime or a negligent

act.

(22) ~~(21)~~ An individual licensed under this act to carry a

concealed pistol may voluntarily surrender that license without

explanation. A county clerk shall retain a surrendered license as

an official record for 1 year after the license is surrendered. If

an individual voluntarily surrenders a license under this

subsection, the county clerk shall notify the department of state

police. 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.

(23) ~~(22)~~ As used in this section:

(a) "Acceptable proof" means any of the following:

(i) For a retired police officer or retired law enforcement

officer, the officer's retired identification or a letter from a

law enforcement agency stating that the retired police officer or

law enforcement officer retired in good standing.

(ii) For an individual who is employed or contracted by an

entity described under section 5o(1) to provide security services,

a letter from that entity stating that the employee is required by

his or her employer or the terms of a contract to carry a concealed

firearm on the premises of the employing or contracting entity and

his or her employee identification.

(iii) For an individual who is licensed as a private

investigator or private detective under the professional

investigator licensure act, 1965 PA 285, MCL 338.821 to 338.851,

his or her license.

(iv) For an individual who is a corrections officer of a

county sheriff's department, his or her employee identification and

a letter stating that the individual has received county sheriff

approved weapons training.

(v) For an individual who is a retired corrections officer of

a county sheriff's department, a letter from the county sheriff's

office stating that the retired corrections officer retired in good

standing and that the individual has received county sheriff

approved weapons training.

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

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

her employee identification.

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

his or her identification.

(viii) For an individual who is an auxiliary officer or

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

employee identification.

(ix) For an individual who is a parole, probation, or

corrections officer, or absconder recovery unit member, of the

department of corrections, his or her employee identification and

proof that the individual obtained a Michigan department of

corrections weapons permit.

(x) For an individual who is a retired parole, probation, or

corrections officer, or retired absconder recovery unit member, of

the department of corrections, a letter from the department of

corrections stating that the retired parole, probation, or

corrections officer, or retired absconder recovery unit member,

retired in good standing and proof that the individual obtained a

Michigan department of corrections weapons permit.

(xi) For a state court judge or state court retired judge, a

letter from the judicial tenure commission stating that the state

court judge or state court retired judge is in good standing.

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

employee identification.

(xiii) For a retired federal law enforcement officer, the

identification required under the law enforcement officers safety

act or a letter from a law enforcement agency stating that the

retired federal law enforcement officer retired in good standing.

(xiv) For an individual who is a peace officer, his or her

employee identification.

(b) "Convicted" means a final conviction, the payment of a

fine, a plea of guilty or nolo contendere if accepted by the court,

or a finding of guilt for a criminal law violation or a juvenile

adjudication or disposition by the juvenile division of probate

court or family division of circuit court for a violation that if

committed by an adult would be a crime.

subdivision, that term as defined in section 1 of chapter I of the

code of criminal procedure, 1927 PA 175, MCL 761.1, or a violation

of a law of the United States or another state that is designated

as a felony or that is punishable by death or by imprisonment for

more than 1 year. Felony does not include a violation of a penal

law of this state that is expressly designated as a misdemeanor.

(d) "Mental illness" means a substantial disorder of thought

or mood that significantly impairs judgment, behavior, capacity to

recognize reality, or ability to cope with the ordinary demands of

life, and includes, but is not limited to, clinical depression.

(e) "Misdemeanor" means a violation of a penal law of this

state or violation of a local ordinance substantially corresponding

to a violation of a penal law of this state that is not a felony or

a violation of an order, rule, or regulation of a state agency that

is punishable by imprisonment or a fine that is not a civil fine,

or both.

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

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

any other service for the treatment of a mental illness.

Sec. 5d. (1) If the county clerk issues a notice of statutory

disqualification, fails to provide a receipt that complies with

section 5b(1) or 5l(3), fails to provide an exemption from the

prohibitions set forth in section 5o, or fails to issue 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 notice of statutory disqualification, the failure to

provide a receipt, failure to provide an exemption, 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 notice of statutory

disqualification, failure to provide a receipt, failure to provide

an exemption, or failure to issue a license ~~shall~~ must be

determined by a review of the record for error.

(2) 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), failure to provide an exemption, or

failure to issue a license was clearly erroneous or was arbitrary

and capricious, the court shall order the county clerk to issue a

license or receipt as required by this act. ~~For applications~~

~~submitted after November 30, 2015, if~~ 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), failure

to provide an exemption, 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) ~~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~~ 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), failure to provide an exemption, 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), failure to provide an exemption, 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 county clerk, entity taking

the fingerprints, or the state in responding to the appeal.

Sec. 5o. (1) Subject to subsection (5), an individual licensed

under this act to carry a concealed pistol, or who is exempt from

licensure under section 12a(h), shall not carry a concealed pistol

on the premises of any of the following:

(a) A school or school property except that a parent or legal

guardian of a student of the school is not precluded from carrying

a concealed pistol while in a vehicle on school property, if he or

she is dropping the student off at the school or picking up the

student from the school. As used in this section, "school" and

"school property" mean those terms as defined in section 237a of

the Michigan penal code, 1931 PA 328, MCL 750.237a.

(b) A public or private child care center or day care center,

public or private child caring institution, or public or private

child placing agency.

(d) A bar or tavern licensed under the Michigan liquor control

code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, where the

primary source of income of the business is the sale of alcoholic

liquor by the glass and consumed on the premises. This subdivision

does not apply to an owner or employee of the business. The

Michigan liquor control commission shall develop and make available

to holders of licenses under the Michigan liquor control code of

1998, 1998 PA 58, MCL 436.1101 to 436.2303, an appropriate sign

stating that "This establishment prohibits patrons from carrying

concealed weapons". The owner or operator of an establishment

licensed under the Michigan liquor control code of 1998, 1998 PA

58, MCL 436.1101 to 436.2303, may post the sign developed under

this subdivision.

(e) Any property or facility owned or operated by a church,

synagogue, mosque, temple, or other place of worship, unless the

presiding official or officials of the church, synagogue, mosque,

temple, or other place of worship permit the carrying of concealed

pistol on that property or facility.

(f) An entertainment facility with a seating capacity of 2,500

or more individuals that the individual knows or should know has a

seating capacity of 2,500 or more individuals or that has a sign

above each public entrance stating in letters not less than 1-inch

high a seating capacity of 2,500 or more individuals.

(g) A hospital.

(h) A dormitory or classroom of a community college, college,

or university.

(2) Subject to subsection (5), an individual shall not carry a

portable device that uses electro-muscular disruption technology on

any of the premises described in subsection (1).

(3) An individual licensed under this act to carry a concealed

pistol, or who is exempt from licensure under section 12a(h), shall

not carry a concealed pistol in violation of R 432.1212 of the

Michigan Administrative Code promulgated under the Michigan gaming

control and revenue act, 1996 IL 1, MCL 432.201 to 432.226.

(4) As used in subsection (1), "premises" does not include

parking areas of the places identified under subsection (1).

(5) Subsections (1) and (2) do not apply to any of the

following:

(a) An individual licensed under this act who is a retired

police officer, retired law enforcement officer, or retired federal

law enforcement officer.

(b) An individual who is licensed under this act and who is

employed or contracted by an entity described under subsection (1)

to provide security services and is required by his or her employer

or the terms of a contract to carry a concealed firearm on the

premises of the employing or contracting entity.

private detective under the professional investigator licensure

act, 1965 PA 285, MCL 338.821 to 338.851.

(d) An individual who is licensed under this act and who is a

corrections officer of a county sheriff's department or who is

licensed under this act and is a retired corrections officer of a

county sheriff's department, if that individual has received county

sheriff approved weapons training.

(e) An individual who is licensed under this act and who is a

motor carrier officer or capitol security officer of the department

of state police.

(f) An individual who is licensed under this act and who is a

member of a sheriff's posse.

(g) An individual who is licensed under this act and who is an

auxiliary officer or reserve officer of a police or sheriff's

department.

(h) An individual who is licensed under this act and who is

any of the following:

(i) A parole, probation, or corrections officer, or absconder

recovery unit member, of the department of corrections, if that

individual has obtained a Michigan department of corrections

weapons permit.

(ii) A retired parole, probation, or corrections officer, or

retired absconder recovery unit member, of the department of

corrections, if that individual has obtained a Michigan department

of corrections weapons permit.

(i) A state court judge or state court retired judge who is

licensed under this act.

(j) An individual who is licensed under this act and who is a

court officer.

(k) An individual who is licensed under this act and who is a

peace officer.

(l) An individual who applies for and is granted an exemption

from subsections (1) and (2) by the county clerk. An individual is

eligible for an exemption from subsections (1) and (2) only if the

individual requests an exemption on his or her license application

and 1 or more of the following apply:

(i) Except as provided in subsection (6), the individual is a

licensee or is applying for an initial or renewal license or an

exemption under this subdivision who provides a certificate

indicating on its face that the individual has completed not less

than 8 hours of training in addition to the training required under

sections 5b(7)(c) and 5j that satisfies all of the following

conditions:

(A) It includes both classroom and range time.

(B) It includes the firing of not fewer than an additional 94

rounds.

5b(7)(c) as they apply to public places and premises listed in

subsection (1) as limited under subsection (4).

(D) It is provided by an agency of this state or by a national

or state firearms training organization.

(E) The training instructor is certified as a firearms

instructor by this state or by a national or state firearms

training organization and is eligible under section 5j to provide

training under section 5b(7)(c).

(F) The training is completed not more than 5 years

immediately preceding the date of application for an original or

renewal license or an exemption under this subdivision.

(ii) The individual is certified as a firearms instructor by

this state or by a national or state firearms training

organization, and is eligible under section 5j to provide training

under section 5b(7)(c). It is prima facie evidence that the

individual is eligible for an exemption under this subparagraph if

the individual possesses a certificate as a firearms instructor

issued by this state or by a national or state firearms training

organization that meets the requirements of section 5j.

(6) If an individual was granted an exemption from this

section and the individual is applying for a renewal license with

an exception, the educational requirements under subsection

(5)(l)(i) are waived except that the applicant shall certify that

he or she has completed at least 3 hours of review of the training

required under subsection (5)(l)(i). For an individual who is a

firearms instructor eligible to provide training under section

5b(7)(c), the educational requirements under subsection (5)(l)(i)

are waived except that the applicant shall certify that he or she

has completed at least 3 hours of review of the training required

to become a firearms instructor under section 5b(7)(c). The

educational requirements of this subsection are met if the

applicant certifies on the renewal application form that he or she

has complied with the requirements of this subsection. The county

clerk shall not otherwise require verification of the statements

made under this subsection and shall not require an applicant to

obtain a certificate or undergo training other than as required by

this subsection.

(7) The county clerk shall within 10 days after receiving an

application for an exemption, either issue or deny issuance of the

exemption and send by first-class mail in a sealed envelope a

replacement license to the applicant with the exemption indorsement

or, if the exemption is denied, a notice of denial. If the

exemption is denied, the notice of denial must specifically state

the statutory authority for the denial. Nothing in this subsection

prohibits the clerk from making a determination regarding the

exemption at the time the application is submitted and immediately

either issuing a replacement license to the applicant that contains

the exemption indorsement or denying the exemption and immediately

providing the written notice of the denial, including the statement

of the statutory authority for the denial, to the applicant.

(8) If the applicant is licensed under this act to carry a

concealed pistol at the time he or she is granted an exemption

under subsection (5)(l), the applicant shall surrender his or her

license to the county clerk by mail or in person immediately upon

receiving his or her replacement license containing the exemption

indorsement.

(9) ~~(6)~~ An individual who violates this section is responsible

for a state civil infraction or guilty of a crime as follows:

(a) Except as provided in subdivisions (b) and (c), the

individual is responsible for a state civil infraction and may be

fined not more than $500.00. The court shall order the individual's

license to carry a concealed pistol suspended for 6 months.

(b) For a second violation, the individual is guilty of a

misdemeanor punishable by a fine of not more than $1,000.00. The

court shall order the individual's license to carry a concealed

pistol revoked.