SB-0789, As Passed House, December 19, 2014

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 789

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

5o, and 8 (MCL 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 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. 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 October 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 12 midnight

 

September 30, 2015. All pending applications remain in place, are

 

considered to have an October 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

 

October 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 12 midnight September 30, 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 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

 

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. 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 was 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 obtain a license to carry a concealed pistol,

 

an individual shall apply to the concealed weapon licensing board

 

county clerk in the county in which that individual resides. The

 

application applicant shall be filed file the application with the

 

county clerk in the county in which the applicant resides during

 

the county clerk's normal business hours. The application shall be

 

on a form provided by the director of the department of state

 

police and shall allow the applicant to designate whether the

 

applicant seeks a temporary 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. Not

 

more than 1 application may be submitted under this subsection in

 

any calendar year. 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 under this section expires 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. The receipt shall contain the name of the

 

applicant, the applicant's state-issued driver license or personal

 

identification 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 his or her state-

 

issued driver license or personal identification number. 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 statement by the applicant authorizing the concealed

 

weapon licensing board department of state police 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.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 the applicant seeks a temporary license, the facts

 

supporting the issuance of that temporary license.

 

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

 

2 individuals who are references for the applicant.

 

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

 

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

 

of the applicant provided by the applicant at the time of

 

application.

 

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

 

the training course prescribed by this act.

 

     (2) The county clerk shall not require the applicant to submit

 

any additional forms, documents, letters, or other evidence of

 

eligibility for obtaining a license to carry a concealed pistol

 

except as set forth in subsection (1) or as otherwise provided for

 

in this act. The application form shall 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 October 1, 2015, each applicant shall pay a

 

nonrefundable an application and licensing fee of $105.00 by any

 

method of payment accepted by that county for payments of other

 

fees and penalties. Beginning October 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 October 1, 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 October 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

 

for the costs associated with processing fingerprints submitted

 

under this act. The balance of the money received under this act

 

shall be credited to the department of state police.

 

     (6) The county sheriff on behalf of the concealed weapon

 

licensing board shall verify the requirements of subsection (7)(d),

 

(e), (f), (h), (i), (j), (k), (l), and (m) through the law

 

enforcement information network and 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 his or her finding to the concealed weapon

 

licensing board. If the applicant resides in a city, village, or

 

township that has a police department, the concealed weapon

 

licensing board shall contact that city, village, or township

 

police department to determine only whether that city, village, or

 

township police department has any information relevant to the

 

investigation of whether the applicant is eligible under this act

 

to receive a license to carry a concealed pistol. The concealed

 

weapon licensing board may require a person claiming active duty

 

status with the United States armed forces under this section to

 


provide proof of 1 or both of the following:

 

     (a) The person's home of record.

 

     (b) Permanent active duty assignment in this state.to the

 

county clerk all statutory disqualifications, if any, under this

 

act that apply to an applicant.

 

     (7) The concealed weapon licensing board 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 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

 

concealed weapon licensing board may county clerk shall waive the

 

6-month residency requirement for a temporary an emergency license

 

under section 5a(8) 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 concealed weapon licensing board county

 

sheriff determines 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. 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 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.

 

The concealed weapon licensing board shall immediately issue a

 

temporary license to that applicant. The temporary license is valid

 

until the concealed weapon licensing board decides whether to grant

 

or deny the application. For the purposes of this section, a person

 

shall be is considered a legal resident of this state if any of the

 

following apply:

 

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

 

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

 

257.1 to 257.923, or official state personal identification card

 

issued under 1972 PA 222, MCL 28.291 to 28.300.

 

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

 

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

 

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

 

person's home of record is in this state.

 

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

 

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

 

person's home of record is in another state.

 

     (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, if that order

 

includes a restriction that the applicant is not allowed to

 

purchase or possess a firearm.

 

     (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 (5) 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), section

 

81135 (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, 324.81135, 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 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. 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. The entity providing

 

fingerprinting services shall issue the applicant a receipt at the

 

time his or her fingerprints are taken. A 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 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 10 days after receiving a

 


report of the fingerprints from the federal bureau of

 

investigation, the department of state police shall provide a copy

 

to the submitting sheriff's department or local police agency as

 

appropriate and the clerk of the appropriate concealed weapon

 

licensing board. 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. Except as provided in subsection (14), section

 

5a(4), the concealed weapon licensing board county clerk shall not

 

issue a concealed pistol license until it he or she receives the

 

fingerprint comparison 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 concealed weapon licensing board may deny a

 

license if 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 concealed weapon licensing board county clerk shall

 

deny a license send by first-class mail a notice of statutory

 

disqualification for a license under this act to an applicant to

 

carry a concealed pistol if the applicant is not qualified under

 

subsection (7) to receive that license.

 

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

 

based upon an application that contains a material false statement

 

is void from the date the license is issued.

 


     (13) Subject to subsections subsection (10), and (14), the

 

concealed weapon licensing board department of state police shall

 

complete the verification required under subsection (6) and the

 

county clerk shall issue or deny issuance of a license or a notice

 

of statutory disqualification within 45 days after the concealed

 

weapon licensing board receives the fingerprint comparison report

 

provided under subsection (10). date the applicant 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. If

 

the concealed weapon licensing board denies issuance of a license

 

to carry a concealed pistol, the concealed weapon licensing board

 

county clerk issues a notice of statutory disqualification, the

 

county clerk shall within 5 business days do both all of the

 

following:

 

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

 

denial. disqualification. Information under this subdivision shall

 

include all of the following:

 

     (i) A statement of the specific and articulable facts

 

supporting the denial.each statutory disqualification identified.

 

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

 

documentary evidence upon which the denial is based.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 applicant in writing of his or her right to

 

appeal the denial notice of statutory disqualification to the

 

circuit court as provided in section 5d.

 

     (c) 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 the fingerprint comparison report is not received by

 

the concealed weapon licensing board within 60 days after the

 

fingerprint report is forwarded to the department of state police

 

by the federal bureau of investigation, the concealed weapon

 

licensing board shall issue a temporary license to carry a

 

concealed pistol to the applicant if the applicant is otherwise

 

qualified for a license. A temporary license issued under this

 

section is valid for 180 days or until the concealed weapon

 

licensing board receives the fingerprint comparison report provided

 

under subsection (10) and issues or denies issuance of a license to

 

carry a concealed pistol as otherwise provided under this act. Upon

 

issuance or the denial of issuance of the license to carry a

 

concealed pistol to an applicant who received a temporary license

 

under this section, the applicant shall immediately surrender the

 

temporary license to the concealed weapon licensing board that

 

issued that temporary license.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 personal identification card or driver

 

license 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,

 

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. A 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 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) 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 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) 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.

 

     (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.

 

     (23) Subsection (5), as amended by the 2014 amendatory act

 

that added this subsection, takes effect January 1, 2015.

 

     (24) Subsections (1) to (4), (6) to (18), and (22), as amended

 

by the 2014 amendatory act that added this subsection, take effect

 

October 1, 2015.

 

     (25) Subsections (19) to (21), as added by the amendatory act

 

that added this subsection, take effect October 1, 2015.

 

     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 October 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 October 1, 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 October 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 October 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

 

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

 


Senate Bill No. 789 (H-3) as amended December 19, 2014

act or charges of criminal violations, categorized by offense,

 

filed against individuals licensed to carry a concealed pistol that

 

resulted in a finding of responsibility or a criminal conviction.

 

The report shall indicate the number of crimes in each category of

 

criminal offense that involved the brandishing or use of a pistol,

 

the number that involved the carrying of a pistol by the license

 

holder during the commission of the crime, and the number in which

 

no pistol was carried by the license holder during the commission

 

of the crime.

 

     (j) The number of pending criminal charges, categorized by

 

offense, against individuals licensed to carry a concealed pistol.

 

     (k) The number of criminal cases dismissed, categorized by

 

offense, against individuals licensed to carry a concealed pistol.

 

     (l) The number of cases filed against individuals licensed to

 

carry a concealed pistol for criminal violations that resulted in a

 

finding of not responsible or not guilty, categorized by offense.

 

     (m) For the purposes of subdivisions (i), (j), (k), and (l),

 

the department of state police shall use the data provided under

 

section 5m.

 

     (i) The total number of individuals licensed to carry a

 

concealed pistol found responsible for a civil violation of this

act, the total number of civil violations of this act categorized

by offense, the total number of individuals licensed to carry a

concealed pistol convicted of a crime, and the total number of

those criminal convictions categorized by offense.

 

     (j) (n) The number of suicides by individuals licensed to

 

carry a concealed pistol.

     [(k) The total amount of revenue the department of state police has received under this act.

     (l) Actual costs incurred per initial and renewal license by the department of state police under this act, itemized by each statutory section of this act.

     (m) A list of expenditures made by the department of state police from money received under this act, regardless of purpose.

 


Senate Bill 789 (H-3) as amended December 19, 2014

     (N)] (o) Actual costs incurred per permit for each county

 

clerk.

 

     [(o)] (p) The number of times the database was accessed,

 

categorized by the purpose for which the database was accessed.

 

     Sec. 5f. (1) An individual who is licensed under this act to

 

carry a concealed pistol shall have his or her license to carry

 

that pistol and his or her state-issued driver license or personal

 

identification card in his or her possession at all times he or she

 

is carrying a concealed pistol or a portable device that uses

 

electro-muscular disruption technology.

 

     (2) An individual who is licensed under this act to carry a

 

concealed pistol and who is carrying a concealed pistol or a

 

portable device that uses electro-muscular disruption technology

 

shall show both of the following to a peace officer upon request by

 

that peace officer:

 

     (a) His or her license to carry a concealed pistol.

 

     (b) His or her state-issued driver license or Michigan

 

personal identification card.

 

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

 

pistol and who is carrying a concealed pistol or a portable device

 

that uses electro-muscular disruption technology and who is stopped

 

by a peace officer shall immediately disclose to the peace officer

 

that he or she is carrying a pistol or a portable device that uses

 

electro-muscular disruption technology concealed upon his or her

 

person or in his or her vehicle.

 

     (4) An individual who violates subsection (1) or (2) is

 

responsible for a state civil infraction and may shall be fined not

 


more than $100.00.

 

     (5) An individual who violates subsection (3) is responsible

 

for a state civil infraction and may shall be fined as follows:

 

     (a) For a first offense, by a fine of not more than $500.00 or

 

and by the individual's license to carry a concealed pistol being

 

suspended for 6 months. , or both.

 

     (b) For a subsequent offense within 3 years of a prior

 

offense, by a fine of not more than $1,000.00 and by the

 

individual's license to carry a concealed pistol being revoked.

 

     (6) If an individual is found responsible for a state civil

 

infraction under this section, the court shall notify the

 

department of state police and the concealed weapon licensing board

 

that subsection (5), the peace officer shall notify the department

 

of state police of that civil infraction. The department of state

 

police shall notify the county clerk who issued the license, of

 

that determination.who shall suspend or revoke that license. The

 

county clerk shall send notice by first-class mail of that

 

suspension or revocation to the individual's last known address as

 

indicated in the records of the county clerk. The department of

 

state police shall immediately enter that suspension or revocation

 

into the law enforcement information network.

 

     (7) A pistol or portable device that uses electro-muscular

 

disruption technology carried in violation of this section is

 

subject to immediate seizure by a peace officer. If a peace officer

 

seizes a pistol or portable device that uses electro-muscular

 

disruption technology under this subsection, the individual has 45

 

days in which to display his or her license or documentation to an

 


authorized employee of the law enforcement entity that employs the

 

peace officer. If the individual displays his or her license or

 

documentation to an authorized employee of the law enforcement

 

entity that employs the peace officer within the 45-day period, the

 

authorized employee of that law enforcement entity shall return the

 

pistol or portable device that uses electro-muscular disruption

 

technology to the individual unless the individual is prohibited by

 

law from possessing a firearm or portable device that uses electro-

 

muscular disruption technology. If the individual does not display

 

his or her license or documentation within the 45-day period, the

 

pistol or portable device that uses electro-muscular disruption

 

technology is subject to forfeiture as provided in section 5g. A

 

pistol or portable device that uses electro-muscular disruption

 

technology is not subject to immediate seizure under this

 

subsection if both of the following circumstances exist:

 

     (a) The individual has his or her state-issued driver license

 

or Michigan personal identification card in his or her possession

 

when the violation occurs.

 

     (b) The peace officer verifies through the law enforcement

 

information network that the individual is licensed under this act

 

to carry a concealed pistol.

 

     (8) As used in this section, "peace officer" includes a motor

 

carrier officer appointed under section 6d of 1935 PA 59, MCL

 

28.6d, and security personnel employed by the state under section

 

6c of 1935 PA 59, MCL 28.6c.

 

     Sec. 5j. (1) A pistol training or safety program described in

 

section 5b(7)(c) meets the requirements for knowledge or training

 


in the safe use and handling of a pistol only if the program

 

consists training was provided within 5 years preceding the date of

 

application and consisted of not less than 8 hours of instruction

 

and all of the following conditions are met:

 

     (a) The program is certified by this state or a national or

 

state firearms training organization and provides 5 hours of

 

instruction in, but is not limited to providing instruction in, all

 

of the following:

 

     (i) The safe storage, use, and handling of a pistol including,

 

but not limited to, safe storage, use, and handling to protect

 

child safety.

 

     (ii) Ammunition knowledge, and the fundamentals of pistol

 

shooting.

 

     (iii) Pistol shooting positions.

 

     (iv) Firearms and the law, including civil liability issues and

 

the use of deadly force. This portion shall be taught by an

 

attorney or an individual trained in the use of deadly force.

 

     (v) Avoiding criminal attack and controlling a violent

 

confrontation.

 

     (vi) All laws that apply to carrying a concealed pistol in this

 

state.

 

     (b) The program provides at least 3 hours of instruction on a

 

firing range and requires firing at least 30 rounds of ammunition.

 

     (c) The program provides a certificate of completion that

 

states the program complies with the requirements of this section

 

and that the individual successfully completed the course, and that

 

contains the printed name and signature of the course instructor.

 


Senate Bill No. 789 (H-3) as amended December 19, 2014

Not later than October 1, 2004, the The certificate of completion

 

shall contain the statement, "This course complies with section 5j

 

of 1927 PA 372.". For certificates issued on or after October 1,

 

2015, each certificate shall also contain both of the following,

 

which shall be printed on the face of the certificate or attached

 

in a separate document:

 

     (i) The instructor's name[          ] and telephone number.

 

     (ii) The name and telephone number of the state agency or a

 

state or national firearms training organization that has certified

 

the individual as an instructor for purposes of this section, his

 

or her instructor certification number, if any, and the expiration

 

date of that certification.

 

     (d) The instructor of the course is certified by this state or

 

a state or national firearms training organization to teach the 8-

 

hour pistol safety training course courses described in this

 

section. The county clerk shall not require any other certification

 

or require an instructor to register with the county or county

 

clerk.

 

     (2) A training certificate that does not meet the requirements

 

under state law applicable at the time the certification was issued

 

may otherwise meet the requirements of subsection (1)(c) if the

 

applicant provides information that reasonably demonstrates that

 

the certificate or the training meets the applicable requirements.

 

     (3) (2) A person shall not do either of the following:

 

     (a) Grant a certificate of completion described under

 

subsection (1)(c) to an individual knowing the individual did not

 

satisfactorily complete the course.

 


     (b) Present a certificate of completion described under

 

subsection (1)(c) to a concealed weapon licensing board county

 

clerk knowing that the individual did not satisfactorily complete

 

the course.

 

     (4) (3) A person who violates subsection (2) (3) is guilty of

 

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

 

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

 

     (5) (4) A concealed weapons licensing board county clerk shall

 

not require that a specific form, color, wording, or other content

 

appear on a certificate of completion, except as provided in

 

subsection (5), and shall accept as valid a certificate of

 

completion issued prior to the effective date of the amendatory act

 

that added this subsection that contains an inaccurate reference or

 

no reference to this section but otherwise complies with this

 

section.except as otherwise required under this act.

 

     (5) Beginning October 1, 2004, a concealed weapons licensing

 

board shall require that a certificate of completion contain the

 

statement, "This course complies with section 5j of 1927 PA 372.".

 

     Sec. 5k. (1) Acceptance of a license issued under this act to

 

carry a concealed pistol constitutes implied consent to submit to a

 

chemical analysis under this section. This section also applies to

 

individuals listed in section 12a.

 

     (2) An individual shall not carry a concealed pistol or

 

portable device that uses electro-muscular disruption technology

 

while he or she is under the influence of alcoholic liquor or a

 

controlled substance or while having a bodily alcohol content

 

prohibited under this section. An individual who violates this

 


section is responsible for a state civil infraction or guilty of a

 

crime as follows:

 

     (a) If the person was under the influence of alcoholic liquor

 

or a controlled substance or a combination of alcoholic liquor and

 

a controlled substance, or had a bodily alcohol content of .10 or

 

more grams per 100 milliliters of blood, per 210 liters of breath,

 

or per 67 milliliters of urine, the individual is guilty of a

 

misdemeanor punishable by imprisonment for not more than 93 days or

 

$100.00, or both. The court shall order the concealed weapon

 

licensing board that county clerk who issued the individual a

 

license to carry a concealed pistol to permanently revoke the

 

license. The concealed weapon licensing board shall permanently

 

revoke the license as ordered by the court.The county clerk who

 

issued the license shall notify the department of state police of

 

the revocation in a manner prescribed by the department of state

 

police. The department of state police shall immediately enter that

 

revocation into the law enforcement information network.

 

     (b) If the person had a bodily alcohol content of .08 or more

 

but less than .10 grams per 100 milliliters of blood, per 210

 

liters of breath, or per 67 milliliters of urine, the individual is

 

guilty of a misdemeanor punishable by imprisonment for not more

 

than 93 days or $100.00, or both. The court may shall order the

 

concealed weapon licensing board that county clerk who issued the

 

individual a license to carry a concealed pistol to revoke suspend

 

the license for not more than 3 years. The concealed weapon

 

licensing board shall revoke the license as ordered by the

 

court.The county clerk who issued the license shall notify the

 


department of state police of that suspension in a manner

 

prescribed by the department of state police. The department of

 

state police shall immediately enter that suspension into the law

 

enforcement information network.

 

     (c) If the person had a bodily alcohol content of .02 or more

 

but less than .08 grams per 100 milliliters of blood, per 210

 

liters of breath, or per 67 milliliters of urine, the individual is

 

responsible for a state civil infraction and may shall be fined not

 

more than $100.00. The court may order the concealed weapon

 

licensing board that peace officer shall notify the department of

 

state police of a civil infraction under this subdivision. The

 

department of state police shall notify the county clerk who issued

 

the individual the license, to revoke who shall suspend the license

 

for 1 year. The concealed weapon licensing board shall revoke the

 

license as ordered by the court. The court shall notify the

 

concealed weapon licensing board that issued the individual a

 

license to carry a concealed pistol if an individual is found

 

responsible for a subsequent violation of this subdivision.The

 

department of state police shall immediately enter that suspension

 

into the law enforcement information network.

 

     (3) This section does not prohibit an individual licensed

 

under this act to carry a concealed pistol who has any bodily

 

alcohol content from doing any of the following:

 

     (a) Transporting that pistol in the locked trunk of his or her

 

motor vehicle or another motor vehicle in which he or she is a

 

passenger or, if the vehicle does not have a trunk, from

 

transporting that pistol unloaded in a locked compartment or

 


container that is separated from the ammunition for that pistol.

 

     (b) Transporting that pistol on a vessel if the pistol is

 

transported unloaded in a locked compartment or container that is

 

separated from the ammunition for that pistol.

 

     (c) Transporting a portable device using electro-muscular

 

disruption technology in the locked trunk of his or her motor

 

vehicle or another motor vehicle in which he or she is a passenger,

 

or, if the vehicle does not have a trunk, from transporting that

 

portable device in a locked compartment or container.

 

     (d) Transporting a portable device using electro-muscular

 

disruption technology on a vessel if the portable device is

 

transported in a locked compartment or container.

 

     (4) A peace officer who has probable cause to believe an

 

individual is carrying a concealed pistol or a portable device

 

using electro-muscular disruption technology in violation of this

 

section may require the individual to submit to a chemical analysis

 

of his or her breath, blood, or urine.

 

     (5) Before an individual is required to submit to a chemical

 

analysis under subsection (4), the peace officer shall inform the

 

individual of all of the following:

 

     (a) The individual may refuse to submit to the chemical

 

analysis, but if he or she chooses to do so, all of the following

 

apply:

 

     (i) The officer may obtain a court order requiring the

 

individual to submit to a chemical analysis.

 

     (ii) The refusal may shall result in his or her license to

 

carry a concealed pistol being suspended or revoked.for 6 months.

 


     (b) If the individual submits to the chemical analysis, he or

 

she may obtain a chemical analysis described in subsection (4) from

 

a person of his or her own choosing.

 

     (6) The collection and testing of breath, blood, and urine

 

specimens under this section shall be conducted in the same manner

 

that breath, blood, and urine specimens are collected and tested

 

for alcohol- and controlled-substance-related driving violations

 

under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.

 

     (7) If a person refuses to take a chemical test authorized

 

under this section, the person is responsible for a state civil

 

infraction and shall be fined $100.00. A peace officer shall

 

promptly report the refusal in writing to the concealed weapon

 

licensing board that issued the license to the individual to carry

 

a concealed pistol.department of state police. The department of

 

state police shall notify the county clerk that issued the license,

 

who shall suspend the license for 6 months. The department of state

 

police shall immediately enter that suspension into the law

 

enforcement information network.

 

     (8) If a person takes a chemical test authorized under this

 

section and the test results indicate that the individual had any

 

bodily alcohol content while carrying a concealed pistol, the peace

 

officer shall promptly report the violation in writing to the

 

concealed weapon licensing board that issued the license to the

 

individual to carry a concealed pistol.

 

     (8) (9) As used in this section:

 

     (a) "Alcoholic liquor" means that term as defined in section

 

105 of the Michigan liquor control code of 1998, 1998 PA 58, MCL

 


436.1105.

 

     (b) "Controlled substance" means that term as defined in

 

section 7104 of the public health code, 1978 PA 368, MCL 333.7104.

 

     (c) "Under the influence of alcoholic liquor or a controlled

 

substance" means that the individual's ability to properly handle a

 

pistol or to exercise clear judgment regarding the use of that

 

pistol was substantially and materially affected by the consumption

 

of alcoholic liquor or a controlled substance.

 

     Sec. 5l. (1) A license to carry a concealed pistol issued on or

 

after July 1, 2003 but before July 1, 2006 is valid for 5 years.

 

     (1) (2) An initial A license to carry a concealed pistol,

 

issued or renewed on or after July 1, 2006, other than a license

 

described in subsection (1), including a renewal license, is valid

 

until the applicant's date of birth that falls not less than 4

 

years or more than 5 years after the license is issued or renewed,

 

as applicable. The county clerk shall notify the licensee that his

 

or her license is about to expire and may be renewed as provided in

 

this section. The notification shall be sent by the county clerk to

 

the last known address of the licensee as shown on the records of

 

the county clerk. The notification shall be sent in a sealed

 

envelope by first-class mail not less than 3 months or more than 6

 

months before the expiration date of the current license. Except as

 

provided in subsections (8) and (9), this section, a renewal of a

 

license under section 5b shall , except as provided in this

 

section, be issued in the same manner as an original license issued

 

under section 5b. An applicant is eligible for a renewal of a

 

license under this section if his or her license is not expired, or

 


expired within a 1-year period before the date of application under

 

this section. Each applicant who submits an application for a

 

renewal license to a county clerk under this section shall pay an

 

application and licensing fee of $115.00 by any method of payment

 

accepted by that county for payments of other fees and penalties.

 

No other charge, fee, cost, or assessment, including any local

 

charge, fee, cost, or assessment, is required of the applicant

 

except as specifically authorized in this act. The application and

 

licensing fee shall be payable to the county. The county treasurer

 

shall deposit $36.00 of each fee collected under this subsection in

 

the concealed pistol licensing fund of that county created in

 

section 5x. The county treasurer shall forward the balance

 

remaining to the state treasurer. The state treasurer shall deposit

 

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

 

department of state police.

 

     (2) (3) Subject to subsections (8) and (9), an application to

 

renew a license to carry a concealed pistol may be submitted not

 

more than 6 months before the expiration of the current license. No

 

later than October 1, 2018, the department of state police shall

 

provide a system for an applicant to submit his or her application

 

to renew a license to carry a concealed pistol online or by first-

 

class mail and shall accept those applications on behalf of the

 

county clerk as required under this act at no additional charge.

 

Each applicant who submits a renewal license online or by mail to

 

the department of state police under this section shall pay an

 

application and licensing fee of $115.00 by any method of payment

 

accepted by the department of state police. No other charge, fee,

 


cost, or assessment is required of the applicant except as

 

specifically authorized in this act. The application and licensing

 

fee shall be payable to the state. The state treasurer shall

 

forward $36.00 of each fee collected under this subsection to the

 

county treasurer who shall deposit the $36.00 in the concealed

 

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

 

state treasurer shall deposit the balance of the fee in the general

 

fund to the credit of the department of state police. The

 

department of state police shall notify the county clerk of the

 

county in which the applicant resides of a properly submitted

 

online application or application by mail received by the

 

department. If the county clerk issues a renewal license under this

 

section, the county clerk shall send the license to the licensee by

 

first-class mail in a sealed envelope. If the concealed weapon

 

licensing board approves county clerk issues the renewal, the

 

effective date of the renewal license is the date of expiration of

 

the current license or the date of approval issue of the renewal,

 

whichever is later, and the date of expiration is the applicant's

 

date of birth which is not less than 4 years or more than 5 years

 

from the effective date of the license.

 

     (3) (4) The concealed weapon licensing board department of

 

state police shall complete the verification required under section

 

5b(6) and the county clerk shall issue or deny issuance of a

 

renewal license or a notice of statutory disqualification within 60

 

30 days after the date the renewal application for renewal is

 

properly submitted. was received. The county clerk shall issue the

 

applicant a receipt for his or her renewal application at the time

 


the application is submitted to the county clerk. No later than

 

October 1, 2018, the department of state police shall provide an

 

applicant a digital receipt, or a receipt by first-class mail if

 

requested, for his or her renewal application submitted online at

 

the time the application is received by the department of state

 

police. Not later than October 1, 2018, the department of state

 

police shall mail an applicant a receipt by first-class mail for

 

his or her renewal application submitted by mail at the time the

 

application is received by the department of state police. The

 

receipt issued 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 applicant's state-issued driver license or personal

 

identification card number.

 

     (e) (d) A The statement, that the receipt is for a license

 

renewal."This receipt was issued for the purpose of renewal of a

 

concealed pistol license. As provided in section 5l of 1927 PA 372,

 

MCL 28.425l, this receipt shall serve as a concealed pistol license

 

for the individual named in the receipt when carried with the

 

expired license and is valid until a license or notice of statutory

 

disqualification is issued by the county clerk. This receipt does

 

not exempt the individual named in the receipt from complying with

 

all applicable laws for the purchase of firearms.".

 

     (e) A statement of whether the applicant qualifies for an

 

extension under subsection (5).

 


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

 

applicable.

 

     (g) An impression of the county seal, if applicable.

 

     (4) Until October 1, 2018, a member of the United States armed

 

forces, the United States armed forces reserve, or the Michigan

 

national guard who is on orders to a duty station outside of this

 

state may submit his or her application to renew a license to carry

 

a concealed pistol by first-class mail, containing the required

 

fee, a notarized application, the licensee's address of record

 

within the state, the licensee's orders to report to a duty station

 

outside of this state, and if the licensee desires to have his or

 

her application receipt, renewal license, or any other notices

 

mailed to his or her address of assignment or deployment, a letter

 

requesting that action including the address of assignment or

 

deployment. If the concealed weapon licensing board approves or a

 

county clerk issues a renewal license under this section, the

 

county clerk shall send the license to the licensee by first-class

 

mail in a sealed envelope. If the licensee is a member of the

 

United States armed forces, the United States armed forces reserve,

 

or the Michigan national guard who is on orders to a duty station

 

outside of this state and requests that his or her license be sent

 

to the address of assignment or deployment, the county clerk shall

 

mail the license to the licensee at the address of assignment or

 

deployment provided in the renewal application. Until October 1,

 

2018, if a renewal application is submitted by a member of the

 

United States armed forces, the United States armed forces reserve,

 

or the Michigan national guard who is on orders to a duty station

 


outside of this state, the county clerk shall mail a receipt under

 

subsection (3) to the licensee by first-class mail.

 

     (5) If the concealed weapon licensing board fails to deny or

 

issue a renewal license to the person within 60 days as required

 

under subsection (4), an individual applies for a renewal license

 

before the expiration of his or her license, the expiration date of

 

the current license is extended by 180 days or until the renewal

 

license or notice of statutory disqualification is issued. ,

 

whichever occurs first. This subsection does not apply unless the

 

person pays the renewal fee at the time the renewal application is

 

submitted and the person has submitted a receipt from a police

 

agency that confirms that a background check has been requested by

 

the applicant.The county clerk shall notify the department of state

 

police in a manner prescribed by the department of state police

 

after he or she receives an application for renewal. The department

 

of state police shall immediately enter into the law enforcement

 

information network the date that application for renewal was

 

submitted and that the renewal application is pending.

 

     (6) A person carrying a concealed pistol after the expiration

 

date of his or her license pursuant to under an extension under

 

subsection (5) shall keep the receipt issued by the county clerk

 

under subsection (4) (3) and his or her expired license in his or

 

her possession at all times that he or she is carrying the pistol.

 

For the purposes of this act, the receipt is considered to be part

 

of the license to carry a concealed pistol until a renewal license

 

or notice of statutory disqualification is issued. or denied.

 

Failing to have the receipt and expired license in possession while

 


carrying a concealed pistol or failing to display the receipt to a

 

peace officer upon request is a violation of this act.

 

     (7) The educational requirements under section 5b(7)(c) are

 

waived for an applicant who is a retired police officer or retired

 

law enforcement officer.

 

     (8) The educational requirements under section 5b(7)(c) for an

 

applicant who is applying for a renewal of a license under this act

 

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

 

has completed at least 3 hours' review of the training described

 

under section 5b(7)(c) and has had at least 1 hour of firing range

 

time in the 6 months immediately preceding the subsequent

 

application. The educational and firing range requirements of this

 

subsection are met if the applicant certifies on the renewal

 

application form that he or she has complied with the requirements

 

of this subsection. An applicant is not required to verify the

 

statements made under this subsection and is not required to obtain

 

a certificate or undergo training other than as required by this

 

subsection.

 

     (9) Beginning January 1, 2007, an An applicant who is applying

 

for a renewal of a license issued under section 5b is not required

 

to have fingerprints taken again under section 5b(9) if all of the

 

following conditions have been met:

 

     (a) There has been established a system for the department of

 

state police to save and maintain in its automated fingerprint

 

identification system (AFIS) database all fingerprints that are

 

submitted to the department of state police under section 5b.

 

     (b) The applicant's fingerprints have been submitted to and

 


maintained by the department of state police as described in

 

subdivision (a) for ongoing comparison with the automated

 

fingerprint identification system (AFIS) database.

 

     (10) Subsections (1) to (3) and (5) to (9), as amended by the

 

2014 amendatory act that added this subsection, take effect October

 

1, 2015.

 

     (11) Subsection (4), as added by the 2014 amendatory act that

 

added this subsection, takes effect January 1, 2015.

 

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

 

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

 

licensure under section 12a(1)(h), shall not carry a concealed

 

pistol on the premises of any of the following:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

public or private child caring institution, or public or private

 

child placing agency.

 

     (c) A sports arena or stadium.

 

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

 

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

 

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

 

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

 


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

 

Michigan liquor control commission shall develop and make available

 

to holders of licenses under the Michigan liquor control code of

 

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

 

stating that "This establishment prohibits patrons from carrying

 

concealed weapons". The owner or operator of an establishment

 

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

 

58, MCL 436.1101 to 436.2303, may, but is not required to, post the

 

sign developed under this subdivision.

 

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

 

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

 

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

 

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

 

pistol on that property or facility.

 

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

 

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

 

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

 

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

 

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

 

     (g) A hospital.

 

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

 

or university.

 

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

 

portable device that uses electro-muscular disruption technology on

 

any of the premises described in subsection (1).

 

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

 

pistol, or who is exempt from licensure under section 12a(1)(h),

 


shall not carry a concealed pistol in violation of R 432.1212 or a

 

successor rule 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 or retired law enforcement officer. The concealed

 

weapon licensing board may require a letter from the law

 

enforcement agency stating that the retired police officer or law

 

enforcement officer retired in good standing.

 

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

 

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

 

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

 

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

 

premises of the employing or contracting entity.

 

     (c) An individual who is licensed as a private investigator or

 

private detective under the professional investigator licensure

 

act, 1965 PA 285, MCL 338.821 to 338.851.

 

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

 

corrections officer of a county sheriff's department.

 

     (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 a

 

parole or probation officer of the department of corrections.

 

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

 

licensed under this act. The concealed weapon licensing board may

 

require a state court retired judge to obtain and carry a letter

 

from the judicial tenure commission stating that the state court

 

retired judge is in good standing as authorized under section 30 of

 

article VI of the state constitution of 1963, and rules promulgated

 

under that section, in order to qualify under this subdivision.

 

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

 

court officer.

 

     (6) An individual who violates this section is responsible for

 

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

 

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

 

individual is responsible for a state civil infraction and may be

 

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

 

license to carry a concealed pistol suspended for 6 months.

 

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

 

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

 

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

 

pistol revoked.

 

     (c) For a third or subsequent violation, the individual is

 

guilty of a felony punishable by imprisonment for not more than 4

 


years or a fine of not more than $5,000.00, or both. The court

 

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

 

revoked.

 

     Sec. 5x. (1) Each county shall establish a concealed pistol

 

licensing fund for the deposit of fees collected for the county

 

clerk under this act. The county treasurer shall direct investment

 

of the concealed pistol licensing fund and shall credit to the fund

 

interest and earnings from fund investments.

 

     (2) Money credited to the county concealed pistol licensing

 

fund shall be expended in compliance with the uniform budgeting and

 

accounting act, 1968 PA 2, MCL 141.421 to 141.440a, subject to an

 

appropriation. Expenditures from the county concealed pistol

 

licensing fund shall be used by the county clerk only for the cost

 

of administering this act. Allowable expenditures include, but are

 

not limited to, any of the following costs of the county clerk:

 

     (a) Staffing requirements directly attributable to performing

 

functions required under this act.

 

     (b) Technology upgrades, including technology to take

 

fingerprints by electronic means.

 

     (c) Office supplies.

 

     (d) Document storage and retrieval systems and system

 

upgrades.

 

     Sec. 8. (1) The concealed weapon licensing board that county

 

clerk who issued a license to an individual to carry a concealed

 

pistol may shall suspend, revoke, that or reinstate a license as

 

required under this act if the board determines that the individual

 

committed any violation of this act other than a violation of

 


section 5f(4). If the board determines that the individual has been

 

found responsible for 3 or more state civil infraction violations

 

of this act during the license period, the board shall conduct a

 

hearing and may suspend the individual's license for not more than

 

1 year.ordered by a court or if the county clerk is notified of a

 

change in the licensee's eligibility to carry a concealed pistol

 

under this act.

 

     (2) Except as provided in subsections (3) , or (4), and (5), a

 

license shall not be suspended or revoked under this section except

 

upon written complaint and an opportunity for a hearing before the

 

board. The board shall give the individual at least 10 days' notice

 

of a hearing under this section. The notice shall be by personal

 

service or by certified mail delivered to the individual's last

 

known address.to request the county clerk to conduct a review of

 

that suspension or revocation.

 

     (3) If the concealed weapon licensing board is notified by a

 

law enforcement agency or prosecuting official that an individual

 

licensed to carry a concealed pistol is charged with a felony or

 

misdemeanor as defined in this act, the concealed weapon licensing

 

board court shall immediately order the county clerk who issued the

 

license to carry a concealed pistol to suspend the individual's

 

license until there is a final disposition of the charge for that

 

offense. and The court shall notify the county clerk of each

 

statutory provision with which the individual has been charged. The

 

county clerk shall send notice by first-class mail in a sealed

 

envelope of that suspension to the individual's last known address

 

as indicated in the records of the concealed weapon licensing

 


board. county clerk. The notice shall inform the individual that he

 

or she is entitled to a prompt hearing on the suspension, and the

 

concealed weapon licensing board shall conduct a prompt hearing if

 

requested in writing by the individual. The include the statutory

 

reason for the suspension, the source of the record supporting that

 

suspension, the length of the suspension, and whom to contact for

 

reinstating the license on expiration of the suspension, correcting

 

errors in the record, or appealing the suspension. The requirements

 

of subsection (2) do not apply to this subsection. If a court

 

ordered a license suspended under this subsection and the

 

individual is acquitted of the charge or the charge is dismissed,

 

the court shall notify the county clerk who shall automatically

 

reinstate the license if the license is not expired and the

 

individual is otherwise qualified to receive a license to carry a

 

concealed pistol, as verified by the department of state police. A

 

county clerk shall not charge a fee for the reinstatement of a

 

license under this subsection.

 

     (4) The concealed weapon licensing board that department of

 

state police shall notify the county clerk who issued a license to

 

an individual to carry a concealed pistol shall revoke that license

 

if the board department of state police determines that the

 

individual is not eligible there has been a change in the

 

individual's eligibility under this act to receive a license to

 

carry a concealed pistol. The concealed weapon licensing board

 

county clerk shall suspend, revoke, or reinstate the license as

 

required under this act and immediately send notice of the fact of

 

and the reason for the suspension, revocation, or reinstatement

 


under this subsection by first-class mail in a sealed envelope to

 

the individual's last known address as indicated on the records of

 

the concealed weapon licensing board. The county clerk. The notice

 

shall include the statutory reason for the suspension, revocation,

 

or reinstatement, the source of the record supporting the

 

suspension, revocation, or reinstatement, the length of the

 

suspension or revocation, and whom to contact for correcting errors

 

in the record, appealing the suspension or revocation, and

 

reapplying for that individual's license. The department of state

 

police shall immediately enter that suspension, revocation, or

 

reinstatment into the law enforcement information network. The

 

requirements of subsection (2) do not apply to this subsection.

 

     (5) If the concealed weapon licensing board determines by

 

clear and convincing evidence based on specific articulable facts

 

that the applicant poses a danger to the applicant or to any other

 

person, the concealed weapon licensing board shall immediately

 

suspend the individual's license pending a revocation hearing under

 

this section. The concealed weapon licensing board shall send

 

notice of the suspension to the individual's last known address as

 

indicated in the records of the concealed weapon licensing board.

 

The notice shall inform the individual that he or she is entitled

 

to a prompt hearing on the suspension, and the concealed weapon

 

licensing board shall conduct a prompt hearing if requested in

 

writing by the individual. The requirements of subsection (2) do

 

not apply to this subsection.

 

     (5) If a suspension is imposed under this section, the

 

suspension shall be for a period stated in years, months, or days,

 


or until the final disposition of the charge, and shall state the

 

date the suspension will end, if applicable. The licensee shall

 

promptly surrender his or her license to the county clerk after

 

being notified that his or her license has been revoked or

 

suspended. An individual who fails to surrender a license as

 

required under this subsection after he or she was notified that

 

his or her license was suspended or revoked is guilty of a

 

misdemeanor punishable by imprisonment for not more than 93 days or

 

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

 

     (6) Except as otherwise provided in subsections (3) and (7),

 

if a license is suspended under this section and that license was

 

surrendered by the licensee, upon expiration of the suspension

 

period, the applicant may apply for a renewal license in the same

 

manner as provided under section 5l. The county clerk or department

 

of state police, as applicable, shall issue the applicant a receipt

 

for his or her application at the time the application is

 

submitted. The receipt shall contain all of the following:

 

     (a) The name of the applicant.

 

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

 

     (c) The amount paid.

 

     (d) The applicant's state-issued driver license or personal

 

identification card number.

 

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

 

applying for a renewal of a concealed pistol license following a

 

period of suspension or revocation. This receipt does not authorize

 

an individual to carry a concealed pistol in this state.".

 

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

 


applicable.

 

     (g) An impression of the county seal, if applicable.

 

     (7) If a license is suspended because of an order under

 

section 5b(7)(d)(iii) and that license was surrendered by the

 

licensee, upon expiration of the order and notification to the

 

county clerk, the county clerk shall automatically reinstate the

 

license if the license is not expired and the department of state

 

police has completed the verification required under section 5b(6).

 

The county clerk shall not charge a fee for the reinstatement of a

 

license under this subsection.

 

     (8) (6) If the concealed weapon licensing board court orders a

 

license suspended or revoked county clerk to suspend, revoke, or

 

reinstate a license under this section or amends a suspension, or

 

revocation, or reinstatement order, the concealed weapon licensing

 

board county clerk shall immediately notify a law enforcement

 

agency having jurisdiction in the county in which the concealed

 

weapon licensing board is located to the department of state police

 

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

 

department of state police shall enter the order or amended order

 

into the law enforcement information network. A law enforcement

 

agency that receives notice of an order or amended order under this

 

subsection from a concealed weapon licensing board shall

 

immediately enter the order or amended order into the law

 

enforcement information network as requested by that concealed

 

weapon licensing board.

 

     (9) (7) A suspension or revocation order or amended order

 

issued under this section is immediately effective. However, an

 


individual is not criminally liable for violating the order or

 

amended order unless he or she has received notice of the order or

 

amended order.

 

     (10) (8) If an individual is carrying a pistol in violation of

 

a suspension or revocation order or amended order issued under this

 

section but has not previously received notice of the order or

 

amended order, the individual shall be informed of the order or

 

amended order and be given an opportunity to properly store the

 

pistol or otherwise comply with the order or amended order before

 

an arrest is made for carrying the pistol in violation of this act.

 

     (11) (9) If a law enforcement agency or officer notifies an

 

individual of a suspension or revocation order or amended order

 

issued under this section who has not previously received notice of

 

the order or amended order, the law enforcement agency or officer

 

shall enter a statement into the law enforcement information

 

network that the individual has received notice of the order or

 

amended order under this section.

 

     (10) The clerk of the concealed weapon licensing board is

 

authorized to administer an oath to any individual testifying

 

before the board at a hearing under this section.

 

     Enacting section 1. Sections 5m and 6a of 1927 PA 372, MCL

 

28.425m and 28.426a, are repealed.

 

     Enacting section 2. Sections 2a, 4, 5, 5a, 5c, 5d, 5e, 5f, 5j,

 

5k, 5o, and 8 of 1927 PA 372, MCL 28.422a, 28.424, 28.425, 28.425a,

 

28.425c, 28.425d, 28.425e, 28.425f, 28.425j, 28.425k, 28.425o, and

 

28.428, as amended by this amendatory act, take effect October 1,

 

2015.

 


     Enacting section 3. Section 5x of 1927 PA 372, as added by

 

this amendatory act, takes effect January 1, 2015.