SB-0059, As Passed House, December 13, 2012

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 59

 

 

 

 

 

 

 

 

 

 

 

 

A bill to amend 1927 PA 372, entitled

 

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

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

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

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

electro-muscular disruption devices without a license or other

authorization; to provide for the forfeiture of firearms and

electro-muscular disruption devices under certain circumstances; to

provide for penalties and remedies; to provide immunity from civil

liability under certain circumstances; to prescribe the powers and

duties of certain state and local agencies; to prohibit certain

conduct against individuals who apply for or receive a license to

carry a concealed pistol; to make appropriations; to prescribe

certain conditions for the appropriations; and to repeal all acts

and parts of acts inconsistent with this act,"

 

by amending sections 1, 2a, 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5j, 5k,

 

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

 

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

 

28.425l, 28.425m, 28.425o, and 28.428), section 1 as amended by 2012

 

PA 243, section 2a as amended by 2010 PA 210, section 4 as added by


 

1992 PA 219, sections 5, 5a, 5e, and 5m as added by 2000 PA 381,

 

sections 5b and 8 as amended by 2008 PA 406, sections 5c and 5d as

 

amended by 2002 PA 719, sections 5f, 5k, and 5o as amended by 2012

 

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

 

amended by 2012 PA 32, and by adding section 5x; and to repeal acts

 

and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

Sec. 1. (1) As used in this act:

 

(a) "Felony" means 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.

 

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

 

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

 

not include a smooth bore rifle or handgun designed and

 

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

 

air, BBs not exceeding .177 caliber.

 

(c) "Licensing authority" means, for purposes of issuing a

 

license to carry a concealed pistol only, 1 of the following:

 

(i) Through April 30, 2013, the concealed weapon licensing

 

board having the authority under this act to issue to an applicant

 

a license to carry a concealed pistol.

 

(ii) Beginning May 1, 2013, the county sheriff having the

 

authority under this act to issue to an applicant a license to

 

carry a concealed pistol.

 

(d) (c) "Misdemeanor" means a violation of a penal law of this


 

state or violation of a local ordinance substantially corresponding

 

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

 

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

 

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

 

or both.

 

(e) (d) "Peace officer" means, except as otherwise provided in

 

this act, an individual who is employed as a law enforcement

 

officer, as that term is defined under section 2 of the commission

 

on law enforcement standards act, 1965 PA 203, MCL 28.602, by this

 

state or another state, a political subdivision of this state or

 

another state, or the United States, and who is required to carry a

 

firearm in the course of his or her duties as a law enforcement

 

officer.

 

(f) (e) "Pistol" means a loaded or unloaded firearm that is 26

 

inches or less in length, or a loaded or unloaded firearm that by

 

its construction and appearance conceals it as a firearm.

 

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

 

another person by purchase or gift.

 

(h) (g) "Reserve peace officer", "auxiliary officer", or

 

"reserve officer" means, except as otherwise provided in this act,

 

an individual authorized on a voluntary or irregular basis by a

 

duly authorized police agency of this state or a political

 

subdivision of this state to act as a law enforcement officer, who

 

is responsible for the preservation of the peace, the prevention

 

and detection of crime, and the enforcement of the general criminal

 

laws of this state, and who is otherwise eligible to possess a

 

firearm under this act.


 

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

 

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

 

enforcement officer who was certified as described under section 9a

 

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

 

203, MCL 28.609a, and retired in good standing from his or her

 

employment as a police officer or law enforcement officer. A police

 

officer or law enforcement officer retired in good standing if he

 

or she receives a pension or other retirement benefit for his or

 

her service as a police officer or law enforcement officer or has

 

actively maintained a Michigan commission on law enforcement

 

standards or equivalent state certification for 20 or more

 

consecutive years.

 

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

 

another person.

 

(k) (j) "State court judge" means a judge of the district

 

court, circuit court, probate court, or court of appeals or justice

 

of the supreme court of this state who is serving either by

 

election or appointment.

 

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

 

described in subdivision (j) (k) who is retired, or a retired judge

 

of the recorders court.

 

(2) A person may lawfully own, possess, carry, or transport as

 

a pistol a firearm greater than 26 inches in length if all of the

 

following conditions apply:

 

(a) The person registered the firearm as a pistol under

 

section 2 or 2a before January 1, 2013.

 

(b) The person who registered the firearm as described in


 

subdivision (a) has maintained registration of the firearm since

 

January 1, 2013 without lapse.

 

(c) The person possesses a copy of the license or record

 

issued to him or her under section 2 or 2a.

 

(3) A person who satisfies all of the conditions listed under

 

subsection (2) nevertheless may elect to have the firearm not be

 

considered to be a pistol. A person who makes the election under

 

this subsection shall notify the department of state police of the

 

election in a manner prescribed by that department.

 

Sec. 2a. (1) An individual who is licensed under section 5b to

 

carry a concealed pistol or who is a federally licensed firearms

 

dealer is 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.

 

(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 licensed under section 5b or a federally

 

licensed firearms dealer described in subsection (1) purchases or

 

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

 

quadruplicate 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 3 2 copies of the

 

record and forward 2 copies 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 copies

 

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 concealed weapon licensing board that issued the

 

license licensing authority of that determination.

 

(3) Within 48 hours after receiving the record copies returned

 

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

 

forward 1 copy of the record to the department of state police. The

 

police department or county sheriff shall retain the other copy of

 

the record as an official record for not less than 6 years. Within

 

10 days after receiving the record copies 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, "federally licensed firearms

 

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

 

under 18 USC 923.

 

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, Act No. 328 of the Public Acts of 1931, being section

 

750.224f of the Michigan Compiled Laws, 1931 PA 328, MCL 750.224f,

 

may apply to the concealed weapons licensing board licensing

 

authority in the county in which he or she resides for restoration

 

of those rights.

 

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

 

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

 

licensing board licensing authority may charge a fee of not more

 

than $10.00 for the actual and necessary expenses of each

 

application.

 

(3) The concealed weapons licensing board authority 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 if the board licensing authority 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.

 

(4) If the concealed weapons licensing board pursuant to

 

licensing authority under subsection (3) 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).

 

(e) Refund forms for use under sections 5b(14) and 5l(4).

 

(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 licensing authority 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. The department of state police shall not

 

charge a fee for the kits.

 

Sec. 5a. (1) Each Through April 30, 2013, 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.

 

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

 

weapon licensing board.licensing authority and shall be responsible

 

for storing and maintaining all records related to the issuance or

 

denial of a license.

 

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

 

weapon licensing board licensing authority has exclusive authority

 

to issue, deny, revoke, or suspend a license to carry a concealed

 

pistol. The concealed weapon licensing board licensing authority

 

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. The authority of any panel

 

convened under this subsection shall expire not later than 12

 

midnight April 30, 2013.


 

(7) The concealed weapon licensing board licensing authority

 

may investigate the 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

 

licensing authority may require the applicant to appear before the

 

board at a mutually agreed-upon time for a conference licensing

 

authority for a conference only if the licensing authority has

 

reason to believe that the applicant may not be qualified under

 

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

 

clerk of the licensing authority shall send the notification to

 

appear at a conference in a sealed envelope delivered by first-

 

class mail sent to the applicant's address as shown by the records

 

of the licensing authority. The notification shall include a

 

specific statutory citation for each disqualification to be

 

addressed. The conference shall be held at a date and time that is

 

mutually agreeable to both the licensing authority and the

 

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

 

valid reason before the concealed weapon licensing board licensing

 

authority as provided in this subsection is grounds for the board

 

licensing authority to deny issuance of a license to carry a

 

concealed pistol to that applicant.

 

(8) If the concealed weapon licensing board licensing

 

authority determines there is probable cause to believe the safety

 

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


 

family is endangered by the applicant's inability to immediately

 

obtain a license to carry a concealed pistol, the concealed weapon

 

licensing board licensing authority may, pending issuance of a

 

license, issue a temporary license to the individual to carry a

 

concealed pistol. A temporary license shall be on a form provided

 

by the department of state police. A temporary license shall be

 

unrestricted and shall be 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 license is, for all other purposes

 

of this act, a license to carry a concealed pistol.

 

(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 the state police. The department

 

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

 

licensing authority and the clerk of each licensing authority in

 

this state together with information regarding the rights and

 

responsibilities of applicants, license holders, and licensing

 

authorities under this act. The department of state police shall

 

also provide forms to appeal any denial, suspension, or revocation

 

of a license under this act. The department of state police shall

 

distribute copies of the compilation, information, and forms

 

required under this subsection in electronic format to each

 

licensing authority and the clerk of each licensing authority. The

 

clerk of a licensing authority shall distribute a copy of the


 

compilation, information, and forms 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

 

clerk of a licensing authority shall require the applicant to sign

 

a written statement acknowledging that he or she has received a

 

copy of the compilation, information, 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.

 

(10) Effective 12 midnight April 30, 2013, the county

 

concealed weapon licensing boards are eliminated and the duties,

 

functions, and responsibilities of those boards are transferred to

 

the county sheriffs as provided in this act. Each county concealed

 

weapon licensing board shall transfer all license applications and

 

official documents in its possession to the clerk of the licensing

 

authority of the county in which the board is located no later than

 

12 midnight April 30, 2013. All pending applications remain in

 

place, and the sheriff for that county shall process those

 

applications as provided in this act as licensing authority for

 

that county. The sheriff 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 April 30,

 

2013 is valid and remains in effect until the expiration of that

 

license or as otherwise provided by law.

 

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

 

an individual shall apply to the concealed weapon licensing board


 

licensing authority in the county in which that individual resides.

 

The application shall be filed with the county clerk during the

 

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

 

form provided by the director of the department of state police and

 

shall allow the applicant to designate whether the applicant seeks

 

a temporary license and whether he or she seeks an exemption from

 

the prohibition against carrying a concealed pistol on the premises

 

described in section 5o. The application shall be signed under oath

 

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

 

clerk or his or her representative. The application shall contain

 

all of the following: information:

 

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

 

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

 

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

 

name of the police department. Information received under this

 

subdivision is confidential, is not subject to disclosure under the

 

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

 

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

 

act or for law enforcement purposes.

 

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

 

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

 

(c) A statement by the applicant authorizing the concealed

 

weapon licensing board licensing authority 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 licensing authority under this


 

subdivision be reviewed in a closed session. If the applicant

 

requests that the session be closed, the concealed weapon licensing

 

board licensing authority shall close the session only for purposes

 

of this subdivision. The applicant and his or her representative

 

have the right to be present in the closed session. Medical records

 

and personal identifying information received by the concealed

 

weapon licensing board licensing authority under this subdivision

 

is confidential, is not subject to disclosure under the freedom of

 

information act, 1976 PA 442, MCL 15.231 to 15.246, and shall not

 

be disclosed to any person except for purposes of this act or for

 

law enforcement purposes or if the applicant is convicted of a

 

felony involving a pistol.

 

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

 

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

 

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

 

concealed pistol, and authorizing the concealed weapon licensing

 

board licensing authority 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 licensing authority under this subdivision

 

be reviewed in a closed session. If the applicant requests that the

 

session be closed, the concealed weapon licensing board licensing

 

authority shall close the session only for purposes of this

 

subdivision. The applicant and his or her representative have the

 

right to be present in the closed session. Medical records and

 

personal identifying information received by the concealed weapon

 

licensing board licensing authority under this subdivision is


 

confidential, is not subject to disclosure under the freedom of

 

information act, 1976 PA 442, MCL 15.231 to 15.246, and shall not

 

be disclosed to any person except for purposes of this act or for

 

law enforcement purposes.

 

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

 

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

 

following:

 

(i) Any felony.

 

(ii) A misdemeanor listed under subsection (7)(h) or (i), if

 

the applicant was convicted of violating that misdemeanor in the 8

 

years immediately preceding the date of the application.

 

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

 

dishonorably discharged from the United States armed forces.

 

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

 

supporting the issuance of that temporary license.

 

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

 

2 individuals who are references for the applicant. References

 

under this subdivision shall not be related to the applicant or be

 

members of the same household as the applicant. Information

 

received under this subdivision is confidential, is not subject to

 

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

 

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

 

for purposes of this act or for law enforcement purposes.

 

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

 

the applicant at the time of application.or, if the applicant does

 

not provide his or her own passport-quality photograph, a

 

photograph of the applicant taken by the clerk of the licensing


 

authority at no charge or for a reasonable fee. Neither the clerk

 

nor the licensing authority shall require the applicant to have his

 

or her photograph taken by the clerk or by any other specific

 

office or vendor if the applicant provides his or her own

 

photograph that complies with the requirement of this subdivision.

 

(j) A signature of the applicant obtained by the county clerk

 

at the time of application for use on his or her license to carry a

 

concealed pistol or as otherwise required.

 

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

 

the training course prescribed by this act.

 

(l) A properly completed refund authorization form signed by

 

the applicant that will allow the clerk of the licensing authority

 

to issue any refund to the applicant as required under this act

 

without additional authorization and without requiring the

 

applicant to return to the licensing authority or any other entity

 

to receive the refund.

 

(2) Neither the licensing authority nor the clerk of the

 

licensing authority shall 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. This does not prohibit the applicant from voluntarily

 

submitting additional documentation if he or she chooses to do so

 

at his or her own initiative and does not prohibit the licensing

 

authority from requiring an applicant in writing to provide

 

additional documentation that is necessary to address a specific

 

disqualification set forth in this act and identified in a written


 

notice sent to the applicant under section 5(7). 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 licensing authority

 

shall retain a copy of each application for a license to carry a

 

concealed pistol as an official record. One year after the

 

expiration of a concealed pistol license, the county clerk may

 

destroy the record and maintain only a name index of the record.

 

(5) Each applicant shall pay a nonrefundable an application

 

and licensing fee of $105.00 by any method of payment accepted by

 

that county for payments of other fees and penalties. The fee shall

 

cover all costs in the application and licensing process through

 

and including the denial or issuance of a license. 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, shall be 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 $41.00 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 concealed pistol licensing fund 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 shall verify the requirements

 

of subsection (7)(l). Through April 30, 2013, the county sheriff

 

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

 

licensing authority 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. In all cases, the

 

licensing authority shall contact the county sheriff, county

 

prosecuting attorney, and the state police post having jurisdiction

 

to determine only whether that county sheriff, county prosecuting

 

attorney, or state police post 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 licensing authority may require a person

 

claiming active duty status with the United States armed forces

 

under this section to provide proof of 1 or both of the following:

 

(a) The person's home of record.

 

(b) Permanent active duty assignment in this state.

 

(7) The concealed weapon licensing board licensing authority

 

shall issue, and the clerk of the licensing authority shall send, 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 licensing authority 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 licensing authority may waive the

 

6-month residency requirement for a temporary license under section

 

5a(8) if the concealed weapon licensing board licensing authority


 

determines there is probable cause to believe the safety of the

 

applicant or the safety of a member of the applicant's family is

 

endangered by the applicant's inability to immediately obtain a

 

license to carry a concealed pistol. If the applicant holds a valid

 

concealed pistol license issued by another state at the time the

 

applicant's residency in this state is established, the concealed

 

weapon licensing board licensing authority may waive the 6-month

 

waiting period and the applicant may apply for a concealed pistol

 

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

 

established. The concealed weapon licensing board licensing

 

authority shall immediately issue and the clerk of the licensing

 

authority shall immediately send a temporary license to that

 

applicant. The temporary license shall be valid until the concealed

 

weapon licensing board licensing authority decides whether to grant

 

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

 

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

 

following apply:

 

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

 

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

 

257.1 to 257.923, or official state personal identification card

 

issued under 1972 PA 222, MCL 28.291 to 28.300.

 

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

 

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

 

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

 

person's home of record is in this state.

 

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

 

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


 

person's home of record is in another state.

 

(c) The applicant has knowledge and has had training in the

 

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

 

pistol safety training course or class that meets the requirements

 

of section 5j, and that is available to the general public and

 

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

 

college, or public or private institution or organization or

 

firearms training school.

 

(d) The applicant is not the subject of an order or

 

disposition under any of the following:

 

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

 

330.1464a.

 

(ii) Section 5107 of the estates and protected individuals

 

code, 1998 PA 386, MCL 700.5107.

 

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

 

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

 

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

 

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

 

pursuant to under section 6b(3) of chapter V of the code of

 

criminal procedure, 1927 PA 175, MCL 765.6b.

 

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

 

procedure, 1927 PA 175, MCL 769.16b.

 

(e) The applicant is not prohibited from possessing, using,

 

transporting, selling, purchasing, carrying, shipping, receiving,

 

or distributing a firearm under section 224f of the Michigan penal

 

code, 1931 PA 328, MCL 750.224f.

 

(f) The applicant has never been convicted of a felony in this


 

state or elsewhere, and a felony charge against the applicant is

 

not pending in this state or elsewhere at the time he or she

 

applies for a license described in this section.

 

(g) The applicant has not been dishonorably discharged from

 

the United States armed forces.

 

(h) The applicant has not been convicted of a misdemeanor

 

violation of any of the following in the 8 years immediately

 

preceding the date of application:

 

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

 

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

 

accident).

 

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

 

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

 

section (operating while intoxicated, second offense).

 

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

 

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

 

(operating a commercial vehicle with alcohol content, second

 

offense).

 

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

 

257.626 (reckless driving).

 

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

 

MCL 257.904 (operating while license suspended or revoked),

 

punishable as a second or subsequent offense.

 

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

 

injury accident), 625(9)(b) (operating while intoxicated, second

 

offense), 625m(4) (operating a commercial vehicle with alcohol

 

content, second offense), 626 (reckless driving), or 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) or (6) of that section (operating ORV under the

 

influence of intoxicating liquor or a controlled substance, second

 

or subsequent offense).

 

(x) Section 82127 of the natural resources and environmental

 

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

 

under the influence of intoxicating liquor or a controlled

 

substance), punishable as a second or subsequent offense under

 

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

 

environmental protection act, 1994 PA 451, MCL 324.82128.

 

(xi) Section 80176 of the natural resources and environmental

 

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

 

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


 

intoxicating liquor or a controlled substance, second or subsequent

 

offense).

 

(v) Section 81134(5) or (6) (operating ORV under the influence

 

of intoxicating liquor or a controlled substance, second offense),

 

82127 as punishable under section 82128(1)(b) (operating snowmobile

 

under the influence of intoxicating liquor or a controlled

 

substance, second offense), or 80176 as punishable under section

 

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

 

liquor or a controlled substance, second offense) of the natural

 

resources and environmental protection act, 1994 PA 451, MCL

 

324.81134, 324.82127, 324.82128, 324.80176, and 324.80177.

 

(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(6) 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) Section 228 of the Michigan penal code, 1931 PA 328, MCL

 

750.228 (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), 81a(1) or (2)

 

(aggravated assault or aggravated domestic assault), 115 (breaking

 

and entering or entering without breaking), 136b(8) (fourth degree

 

child abuse), 145n (vulnerable adult abuse), 157b(3)(b)

 

(solicitation to commit a felony), 215 (impersonating peace officer

 

or medical examiner), 223 (illegal sale of a firearm or

 

ammunition), 224d (illegal use or sale of a self-defense spray),

 

226a (sale or possession of a switchblade), 227c (improper

 

transportation of a loaded firearm), 228 (failure to have a pistol

 

inspected), 229 (accepting a pistol in pawn), 232 (failure to

 

register the purchase of a firearm or a firearm component), 232a

 

(improperly obtaining a pistol, making a false statement on an

 

application to purchase a pistol, or using false identification to


 

purchase a pistol), 233 (intentionally aiming a firearm without

 

malice), 234 (intentionally discharging a firearm aimed without

 

malice), 234d (possessing a firearm on prohibited premises), 234e

 

(brandishing a firearm in public), 234f (possession of a firearm by

 

an individual less than 18 years of age), 235 (intentionally

 

discharging a firearm aimed without malice causing injury), 235a

 

(parent of a minor who possessed a firearm in a weapon free school

 

zone), 236 (setting a spring gun or other device), 237 (possessing

 

a firearm while under the influence of intoxicating liquor or a

 

controlled substance), 237a (weapon free school zone violation),

 

335a (indecent exposure), 411h (stalking), or 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, 750.228, 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) Section 1 (reckless, careless, or negligent use of a

 

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

 

negligent use of a firearm resulting in property damage), or 3a

 

(reckless discharge of a firearm) of 1952 PA 45, MCL 752.861,

 

752.862, and 752.863a.

 

(xi) (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).(x).

 

(i) The applicant has not been convicted of a misdemeanor


 

violation of any of the following in the 3 years immediately

 

preceding the date of application unless the misdemeanor violation

 

is listed under subdivision (h):

 

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

 

257.625 (operating under the influence).

 

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

 

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

 

chemical test).

 

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

 

MCL 257.625k (ignition interlock device reporting violation).

 

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

 

MCL 257.625l (circumventing an ignition interlocking device).

 

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

 

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

 

(operating a commercial vehicle with alcohol content).

 

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

 

of commercial vehicle operator to submit to a chemical test), 625k

 

(ignition interlock device reporting violation), 625l (circumventing

 

an ignition interlock device), or 625m(3) (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), 81135

 

(operating ORV while visibly impaired), or 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), 174 (embezzlement), 218

 

(false pretenses with intent to defraud), 356 (larceny), 356d(2)

 

(second degree retail fraud), 359 (larceny from a vacant building

 

or structure), 362 (larceny by conversion), 362a (larceny

 

defrauding lessor), 377a (malicious destruction of property), 380

 

(malicious destruction of real property), 535 (receiving or

 

concealing stolen property), or 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 has never been subject to an order of

 

involuntary commitment in an inpatient or outpatient setting due to

 

mental illness.

 

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

 

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

 

receiving treatment for that illness.

 

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

 

incapacity in this state or elsewhere.

 

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

 

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

 

applicant or to any other individual. A determination under this

 

subdivision shall be based on clear and convincing evidence of

 

repeated violations of this act, crimes, personal protection orders

 

or injunctions, or police reports or other clear and convincing

 

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

 

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

 

pistol.

 

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

 

enumerated prohibitions for using, transporting, selling,

 

purchasing, carrying, shipping, receiving or distributing a firearm

 

in this section the department of state police shall immediately

 

enter the order or conviction into the law enforcement information


 

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

 

or conviction shall not be removed from the law enforcement

 

information network, but may be moved to a separate file intended

 

for the use of the county concealed weapon licensing boards,

 

licensing authorities, 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 sheriff or a

 

local police agency if that local police agency maintains

 

fingerprinting capability. If the individual requests that

 

classifiable fingerprints be taken by a local police agency, the

 

individual shall also pay to that local police agency a fee of

 

$15.00 by any method of payment accepted by the unit of local

 

government for payments of other fees and penalties. The county

 

sheriff or local police agency shall take the fingerprints within 5

 

business days after the request, and shall provide a receipt to the

 

applicant verifying that the fingerprints have been taken under

 

this subsection. The receipt shall contain a statement that the

 

applicant should retain the receipt for purposes of obtaining a

 

refund under subsection (14). County sheriffs and local police

 

agencies that maintain fingerprinting capability shall provide

 

reasonable access to fingerprinting services during normal business

 

hours as is necessary to comply with the requirements of this act.

 

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

 

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


 

The fingerprints shall be immediately forwarded to the department

 

of state police for comparison with fingerprints already on file

 

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

 

shall immediately forward the fingerprints to the federal bureau of

 

investigation. Within 10 7 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 to the appropriate concealed weapon licensing board.

 

licensing authority. Except as provided in subsection (14), the

 

concealed weapon licensing board licensing authority shall not

 

issue a concealed pistol license until it receives the fingerprint

 

comparison report prescribed in this subsection. The concealed

 

weapon licensing board licensing authority may deny a license if an

 

individual's fingerprints are not classifiable by the federal

 

bureau of investigation and a report cannot be obtained based on

 

the individual's name, date of birth, and other identifying

 

information.

 

(11) The concealed weapon licensing board licensing authority

 

shall deny a license to an applicant to carry a concealed pistol if

 

the applicant is not qualified under subsection (7) to receive that

 

license.

 

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

 

based upon an application that contains a material false statement

 

is void from the date the license is issued.

 

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

 

weapon licensing board licensing authority shall issue or deny


 

issuance of a license within 45 days after the concealed weapon

 

licensing board receives the fingerprint comparison report provided

 

under subsection (10) date the applicant has classifiable

 

fingerprints taken under subsection (9). The licensing authority

 

shall include an exemption indorsement from the prohibitions

 

against carrying a concealed pistol on premises described in

 

section 5o if the applicant requests the exemption indorsement on

 

his or her application form and is eligible for the exemption under

 

section 5o(4)(K). If the concealed weapon licensing board licensing

 

authority denies issuance of a license to carry a concealed pistol,

 

or denies an exemption under section 5o(4)(k), the concealed weapon

 

licensing board licensing authority shall within 5 business 7 days

 

do both of the following:

 

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

 

denial. Information under this subdivision shall include all of the

 

following:

 

(i) A statement of the specific and articulable facts

 

supporting the denial.

 

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

 

documentary evidence upon which the denial is based.

 

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

 

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

 

(14) If the fingerprint comparison report is not received by

 

the concealed weapon licensing board within 60 days after the

 

fingerprint report is forwarded to the department of state police

 

by the federal bureau of investigation, the concealed weapon

 

licensing board If a license is not granted or denied under


 

subsection (13) within 45 days after the date the applicant has

 

classifiable fingerprints taken under subsection (9), the clerk of

 

the licensing authority shall, issue a temporary license to carry a

 

concealed pistol to the applicant if the applicant is otherwise

 

qualified for a license. within 10 days, issue by mail a temporary

 

license to carry a concealed pistol to the applicant along with a

 

refund of the portion of the application and licensing fee

 

deposited in the concealed pistol licensing fund under subsection

 

(5) from the account credited to the licensing authority within the

 

concealed pistol licensing fund to the extent there are sufficient

 

funds within that account to pay that refund, with any deficit in

 

that balance being paid from the county general fund. If the clerk

 

of the licensing authority fails to issue a temporary license and

 

to refund the licensing authority's portion of the fee within 10

 

days as provided in this subsection, the clerk shall immediately

 

issue a temporary license to carry a concealed pistol to the

 

applicant and shall refund to the applicant the portion of the

 

application and licensing fee that was credited to the licensing

 

authority account within the concealed pistol licensing fund and

 

the portion that was credited to the account of the clerk of the

 

licensing authority within the concealed pistol licensing fund to

 

the extent that there are sufficient funds within those accounts to

 

pay that refund. Any deficit in either account balance shall be

 

paid from the county general fund. If the licensing authority fails

 

to issue a license on grounds that it has not received the

 

fingerprint comparison report required under subsection (10), the

 

clerk of the licensing authority may require the applicant to show


 

his or her receipt for having those prints taken under subsection

 

(9) before providing a refund under this subsection. The department

 

of state police shall prepare a form for obtaining refunds under

 

this subsection and shall include the form in concealed pistol

 

application kits provided under section 5. A temporary license

 

issued under this section is valid for until the expiration of 180

 

days after the date the temporary license is issued or until the

 

concealed weapon licensing board receives the fingerprint

 

comparison report provided under subsection (10) and licensing

 

authority issues or denies issuance of a license to carry a

 

concealed pistol as otherwise provided under this act, whichever

 

occurs first. A temporary license issued under this subsection

 

shall state on its face that it is a temporary license. 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.clerk of the licensing authority by

 

mail or in person. The clerk or the licensing authority shall not

 

charge a fee for issuing a license to carry a concealed pistol if

 

the temporary license was surrendered as required under this

 

subsection.

 

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

 

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

 

or her license remains valid until it expires or is otherwise

 

suspended or revoked under this act. A license to carry a concealed

 

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


 

issuing county clerk for a replacement fee of $10.00.

 

(16) If a concealed weapons licensing board licensing

 

authority suspends or revokes a license issued under this act, the

 

license is forfeited and shall be returned to the concealed weapon

 

licensing board clerk of the licensing authority forthwith. An

 

individual who fails to return a license as required under this

 

subsection after he or she was notified that his or her license was

 

suspended or revoked is guilty of a misdemeanor punishable by

 

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

 

$500.00, or both.

 

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

 

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

 

application under this section upon request and the payment of a

 

reasonable fee.

 

(18) This section does not prohibit the concealed weapon

 

licensing board licensing authority from making public and

 

distributing to the public at no cost lists of individuals who are

 

certified as qualified instructors as prescribed under section 5j.

 

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

 

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

 

or renewal license under this section shall not be required to pay

 

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

 

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

 

the time the individual applies for an original or renewal license

 

under this section may be required to pay a fee of not more than

 

$20.00 for both receiving and processing the application for the

 

exemption and the issuance of a replacement license. The exemption


 

shall appear as an indorsement on the face of the license. The fee

 

collected under this subsection shall be deposited in the concealed

 

pistol licensing fund created under section 5x and divided equally

 

to the accounts of the licensing authority and the clerk of the

 

licensing authority unless the authority to issue the exemption was

 

delegated to the clerk.

 

(20) A county clerk issuing an initial license, renewal

 

license, temporary license, or replacement license under this act

 

shall mail the license to the licensee by first-class mail in a

 

sealed envelope. However, a county clerk issuing a reinstated

 

license to an individual whose license was suspended shall not mail

 

the reinstated license in the manner described in this subsection,

 

but shall provide the reinstated license to the individual in

 

person only upon the payment of the fee under section 8(7). This

 

subsection does not prohibit a licensing authority or a clerk from

 

issuing a replacement license in person at the time of application

 

for a replacement license or an exemption endorsement, or

 

immediately upon conclusion of a conference between the licensing

 

authority and the applicant during which a license has been

 

approved or reinstated.

 

(21) A licensing authority or the clerk of a licensing

 

authority 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.

 

(22) (19) As used in this section:

 

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

 

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


 

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

 

adjudication or disposition by the juvenile division of probate

 

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

 

committed by an adult would be a crime.

 

(b) "Felony" means that term as defined in section 1 of

 

chapter I of the code of criminal procedure, 1927 PA 175, MCL

 

761.1, or a violation of a law of the United States or another

 

state that is designated as a felony or that is punishable by death

 

or by imprisonment for more than 1 year.

 

(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.

 

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

 

state or violation of a local ordinance substantially corresponding

 

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

 

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

 

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

 

or both.

 

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

 

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

 

any other service for the treatment of a mental illness.

 

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

 

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

 

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

 

2013, 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

 

clerk of the licensing authority also provides the option of

 

obtaining a plastic laminated paper license at no charge. 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, including whether the individual is

 

exempt from the prohibitions set forth in section 5o.

 

(e) An indication whether the license is a duplicate.

 

(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 licensing authority 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.

 

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

 

authority denies issuance of a license to carry a concealed pistol,

 

or fails to issue that license or fails to provide an exemption

 

from the prohibitions set forth in section 5o as provided in this

 

act, the applicant may appeal the denial or the failure to issue

 

the license or to provide an exemption to the circuit court in the

 

judicial circuit in which he or she resides. The appeal of the


 

denial or failure to issue a license or to provide an exemption

 

shall be determined by a review of the record for error, except

 

that if the decision of the concealed weapon licensing board

 

licensing authority 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 or failure to

 

issue a license or to provide an exemption was clearly erroneous or

 

was arbitrary and capricious, the court shall order the concealed

 

weapon licensing board licensing authority to issue a license or

 

grant an exemption as required by this act.

 

(3) If the court under subsection (2) determines that the

 

decision of the concealed weapon licensing board to deny issuance

 

of denial or failure to issue a license to an applicant or to

 

provide an exemption was clearly erroneous or was arbitrary and

 

capricious, the court shall order this state to pay 1/3 and the

 

county in which the concealed weapon licensing board licensing

 

authority is located to pay 2/3 all of the actual costs and actual

 

attorney fees of the applicant in appealing the denial. If the

 

applicant is entitled to a refund of his or her application fee

 

under section 5b(14) or 5l(4), and the refund was not paid, the

 

court shall also order the county to pay the refund to the

 

applicant. All costs, fees, and refunds awarded to the applicant

 

under this subsection shall be paid out of the concealed pistol

 

licensing fund if a sufficient balance exists in that fund, or out

 

of the county general fund if a sufficient balance does not exist


 

in the concealed pistol licensing fund. The court shall make a

 

determination as to the responsibility or proportion of

 

responsibility between the licensing authority and the clerk of the

 

licensing authority for the denial of the license or the failure to

 

issue the license or to provide an exemption when awarding costs,

 

fees, and refunds under this subsection and shall order the award

 

to be paid out of the respective accounts within the concealed

 

pistol licensing fund to the extent that there are sufficient funds

 

within the accounts to pay those awards. Any deficit in either

 

account balance shall be ordered to be paid from the county general

 

fund.

 

(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 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.

 

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

 

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

 

exemptions on the license.

 

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

 

was denied a license to carry a concealed pistol after the

 

effective date of the amendatory act that added this subdivision,


 

July 1, 2001 a statement of the reasons for that denial.

 

(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.

 

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

 

concealed pistol after the effective date of the amendatory act

 

that added this subsection July 1, 2001 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.

 

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

 

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

 

information network.

 

(4) Information in the database, compiled under subsections

 

(1) through (3), is confidential, is not subject to disclosure

 

under the freedom of information act, 1976 PA 442, MCL 15.231 to

 

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

 

purposes of this act or for law enforcement purposes. The

 

information compiled under subsection (5) is subject to disclosure

 

under the freedom of information act, 1976 PA 442, MCL 15.231 to

 

15.246.

 

(5) The department of state police shall file an annual report

 

with the secretary of the senate and the clerk of the house of

 

representatives setting forth all of the following information for


 

each county concealed weapon licensing board:licensing authority:

 

(a) The number of concealed pistol applications received.

 

(b) The number of concealed pistol licenses issued.

 

(c) The number of concealed pistol licenses denied.

 

(d) Categories for denial 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(11). 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

 

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. The report shall also indicate the total number of

 

individuals charged and the total number of those individuals found


 

responsible or convicted.

 

(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.

 

(n) The number of suicides by individuals licensed to carry a

 

concealed pistol.

 

(o) Actual costs incurred per permit for each county.

 

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 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 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 be fined not more

 

than $100.00.

 

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

 

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

 

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

 

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

 

authority that issued the license of that determination.

 

(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 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

 

or, for certificates issued on or after May 1, 2013, provides at

 

least 3 hours of instruction on a firing range and requires firing

 

at least 98 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.

 

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 May 1, 2013,

 

each certificate shall also contain all of the following

 

information which shall be printed on the face of the certificate:

 

(i) The instructor's name and address, and telephone number if

 

available.

 

(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.

 

(iii) The name of the course, if applicable, the total number in

 

hours of instruction received, and the number of rounds fired.

 

(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 licensing authority shall not require any other

 

certification or that the instructor register as an instructor with

 

the county.

 

(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 licensing

 

authority 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 licensing

 

authority 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 issued the individual a license to carry a

 

concealed pistol authority to permanently revoke the license. The

 

concealed weapon licensing board authority shall permanently revoke

 

the license as ordered by the court.

 

(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 order the concealed

 

weapon licensing board that issued the individual a license to

 

carry a concealed pistol authority to revoke suspend the license

 

for not more than 3 years. The concealed weapon licensing board


 

authority shall revoke suspend the license as ordered by the court.

 

(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 be fined not more

 

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

 

board that issued the individual the license authority to revoke

 

suspend the license for 1 year. The concealed weapon licensing

 

board authority shall revoke suspend 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

 

authority if an individual is found responsible for a subsequent

 

violation of this subdivision.

 

(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 result in his or her license to carry a

 

concealed pistol being suspended or revoked.

 

(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 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.authority.

 

(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.authority.

 

(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 Except as otherwise provided in this

 

subsection, 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 clerk of the licensing authority 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

 

clerk to the last known address of the licensee as shown on the

 

records of the licensing authority. 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) (7) and (9), (8), 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 5-year period prior to the date of application

 

under this section. A license held by a licensee serving in the

 

United States military that expires while the licensee is on

 

official deployment orders outside of this state or the continental

 

United States is automatically extended until 60 days after the end

 

date of the deployment as provided in the licensee's deployment

 

orders. A deployed licensee who receives an extension under this

 

subsection shall have his or her deployment orders in his or her

 

possession while carrying a concealed pistol during the 60-day

 

extension period. The 60-day extension provided under this

 

subsection does not apply to a license for a pistol under section


 

2.

 

(2) (3) Subject to subsections (8) (7) and (9), (8), 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. If the concealed weapon licensing board authority

 

approves the renewal, the effective date of the renewal license is

 

the date of expiration of the current license or the date of

 

approval 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 authority shall

 

issue or deny issuance of a renewal license within 60 45 days after

 

the date of application for renewal is properly submitted. and, if

 

required for renewal, the submission of classifiable fingerprints

 

taken under section 5b(9). The county clerk shall issue the

 

applicant a receipt for his or her renewal 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) A statement that the receipt is for a license renewal.

 

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

 

extension under subsection (5).(4).

 

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

 

(g) An impression of the county seal.


 

(4) (5) If the concealed weapon licensing board authority

 

fails to deny or issue a renewal license to the person within 60 45

 

days as required under subsection (4),(3), the expiration date of

 

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

 

license is issued, whichever occurs first, and the clerk of the

 

licensing authority shall refund the portion of the application and

 

licensing fee deposited in the concealed pistol licensing fund

 

under section 5b(5) to the applicant. 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 refund shall be paid from

 

the account credited to the licensing authority within the

 

concealed pistol licensing fund to the extent there are sufficient

 

funds within that account to pay the refund with any deficit in

 

that balance being paid from the county general fund. The refund

 

shall be paid within 10 days after the expiration of the 45-day

 

period described in this subsection. If the clerk fails to pay the

 

refund of the portion of the application and licensing fee

 

deposited in the concealed pistol licensing fund under section

 

5b(5) within the 10-day period, the clerk of the licensing

 

authority shall instead immediately refund to the applicant the

 

portion of the application and licensing fee that was credited to

 

the licensing authority and the portion that was credited to the

 

clerk of the licensing authority within the concealed pistol

 

licensing fund to the extent there are sufficient funds within each

 

account to pay the refund with any deficit in that balance of


 

either account being paid from the county general fund. The

 

department of state police shall prepare a form for obtaining

 

refunds under this subsection and shall include the form in

 

concealed pistol application kits provided under section 5.

 

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

 

expiration date of his or her license pursuant to under an

 

extension under subsection (5) (4) 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 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.

 

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

 

are waived for an applicant who is an active peace officer,

 

including a federal law enforcement officer or agent, a military

 

police officer, a retired police officer including a retired

 

federal law enforcement officer or agent, a retired military police

 

officer, or a retired law enforcement officer. The licensing

 

authority may contact the appropriate agency to verify the standing

 

of the individuals described in this subsection.

 

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

 

for an applicant who is applying for a renewal of a license under

 

this act are waived except that the applicant shall certify that he

 

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


 

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

 

firing range time in the 6 months immediately preceding the

 

subsequent application. Beginning May 1, 2013, the applicant shall

 

also certify that in the 1 hour or more of firing range time

 

required by this subsection, the applicant fired at least 98

 

rounds. 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. The licensing authority shall not otherwise

 

require verification of the statements made under this subsection

 

and shall not require an applicant to obtain a certificate or

 

undergo training other than as required by this subsection.

 

(8) (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.

 

Sec. 5m. A prosecuting attorney The department of state police

 

shall promptly notify the county concealed weapon licensing board

 

authority of the county that issued the license of a criminal


 

charge against a license holder for a felony or specified criminal

 

offense as defined in this act. The prosecuting attorney department

 

of state police shall promptly notify the county concealed weapon

 

licensing board licensing authority of the county that issued the

 

license of the disposition of the criminal charge. If a license

 

holder is convicted of a crime, the licensing authority shall

 

request the prosecuting attorney's notification shall attorney to

 

indicate if the crime involved the brandishing or use of a pistol,

 

if a pistol was carried by the license holder during the commission

 

of the crime, or if no pistol was carried by the license holder

 

during the commission of the crime. The state police shall provide

 

a form for reporting purposes. Each year by a date determined by

 

the director of the department of state police, the chairperson of

 

the county concealed weapon licensing board licensing authority

 

shall compile and provide a report to the department of state

 

police in a format determined by the director of the department of

 

state police containing the information provided to the concealed

 

weapon licensing board licensing authority under this section,

 

section 5f(6), or section 5k(7) or (8).

 

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)(f), 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


 

child 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. A record made available by

 

an establishment licensed under the Michigan liquor control code of

 

1998, 1998 PA 58, MCL 436.1101 to 436.2303, necessary to enforce

 

this subdivision is exempt from disclosure under the freedom of

 

information act, 1976 PA 442, MCL 15.231 to 15.246.

 

(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)(f),

 

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. peace officer,

 

including a federal law enforcement officer or agent, or a military

 

police officer, if he or she is in possession of a valid official


 

identification that identifies him or her as such, or a retired

 

peace officer, including a retired federal law enforcement officer

 

or agent, or a retired military police officer, if he or she

 

retired in good standing. The concealed weapon licensing board may

 

require a letter from the law enforcement agency stating that

 

authority may contact the appropriate agency to verify the retired

 

police officer or law enforcement officer retired in good

 

standing.standing of the individuals described in this subdivision.

 

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

 

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

 

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

 

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

 

premises of the employing or contracting entity.

 

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

 

private detective under the professional investigator licensure

 

act, 1965 PA 285, MCL 338.821 to 338.851.

 

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

 

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

 

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

 

county sheriff's department. The licensing authority may contact

 

the sheriff's department to verify that the retired corrections

 

officer retired in good standing.

 

(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, or corrections officer or absconder recovery

 

unit member of the department of corrections or who is licensed

 

under this act and is a retired parole, probation, or corrections

 

officer or absconder recovery unit member of the department of

 

corrections. The licensing authority may contact the department of

 

corrections to verify that the retired parole, probation, or

 

corrections officer or absconder recovery unit member retired in

 

good standing.

 

(i) A state or federal court judge or state or federal 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.

 

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

 

from this section by the licensing authority. An individual is

 

eligible for an exemption from this section only if the individual

 

requests an exemption on his or her license application and 1 or

 

more of the following apply:


 

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

 

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

 

exemption under this subdivision who provides a certificate

 

indicating on its face that the individual has completed not less

 

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

 

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

 

conditions:

 

(A) It includes both classroom and range time.

 

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

 

rounds.

 

(C) It focuses on the training principles described in section

 

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

 

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

 

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

 

or state firearms training organization.

 

(E) The training instructor is certified as a firearms

 

instructor by this state or by a national or state firearms

 

training organization and is eligible under section 5j to provide

 

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

 

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

 

immediately preceding the date of application for an original or

 

renewal license or an exemption under this subdivision.

 

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

 

this state or by a national or state firearms training

 

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

 

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

 

individual is eligible for an exemption under this subparagraph if


 

the individual possesses a certificate as a firearms instructor

 

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

 

organization that meets the requirements of section 5j.

 

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

 

section and the individual is applying for a renewal license with

 

an exception, the educational requirements under subsection

 

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

 

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

 

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

 

firearms instructor eligible to provide training under section

 

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

 

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

 

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

 

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

 

educational requirements of this subsection are met if the

 

applicant certifies on the renewal application form that he or she

 

has complied with the requirements of this subsection. The

 

licensing authority shall not otherwise require verification of the

 

statements made under this subsection and shall not require an

 

applicant to obtain a certificate or undergo training other than as

 

required by this subsection.

 

(7) The licensing authority may delegate the responsibility

 

for issuing or denying issuance of an exemption under subsection

 

(5)(k) to the clerk of the licensing authority for current

 

licensees only.

 

(8) The licensing authority or the clerk under subsection (7),

 

as applicable, shall within 10 days after receiving an application


 

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

 

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

 

license to the applicant with the exemption indorsement or, if the

 

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

 

denied, the notice of denial shall specifically state the statutory

 

authority for the denial. Nothing in this subsection prohibits the

 

licensing authority or the clerk, as applicable, from making a

 

determination regarding the exemption at the time the application

 

is submitted and immediately either issuing a replacement license

 

to the applicant that contains the exemption indorsement or denying

 

the exemption and immediately providing the written notice of the

 

denial, including the statement of the statutory authority for the

 

denial, to the applicant.

 

(9) If the licensing authority delegates the responsibility

 

for issuing or denying issuance of an exemption under section 5o to

 

the clerk of the licensing authority, the entire fee paid for the

 

exemption and the replacement license shall be deposited in the

 

concealed pistol licensing fund and credited to the account

 

established for the clerk of the licensing authority.

 

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

 

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

 

under section 5o, the applicant shall surrender his or her license

 

to the licensing authority by mail or in person immediately upon

 

receiving his or her replacement license containing the exemption

 

indorsement.

 

(11) Nothing in this section prohibits a private property

 

owner from prohibiting an individual from carrying a pistol,


 

including a pistol that is openly displayed or carried in violation

 

of subsection (13), on the premises of property described in

 

subsection (1), and enforcing that prohibition under section 552 of

 

the Michigan penal code, 1931 PA 328, MCL 750.552.

 

(12) Nothing in this section prohibits a college or university

 

that has the autonomous authority under the state constitution of

 

1963 to enact and enforce an ordinance regulating the possession,

 

carrying, use, or transportation of a pistol from enacting or

 

enforcing such an ordinance.

 

(13) An individual licensed under this act to carry a

 

concealed pistol, or who is exempt from licensure under section

 

12a(1)(h), shall not intentionally display or openly carry a pistol

 

on the premises listed in subsection (1)(a) to (h) unless the

 

individual owns the premises described in subsection (1) or is

 

employed or contracted by the owner or other person with control

 

over the premises described in subsection (1), if the possession of

 

the firearm is to provide security services for the premises or is

 

otherwise in the scope of the individual's official duties, or the

 

individual is acting with the express written consent of the owner

 

of the premises or an agent of the owner of the premises. This

 

subsection applies beginning May 1, 2013.

 

(14) (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 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 by the county board of commissioners unless otherwise

 

provided in this act. However, refunds under this act are not

 

subject to appropriation by the county board of commissioners and

 

shall be paid regardless of an appropriation by the county board of

 

commissioners. Expenditures from the county concealed pistol

 

licensing fund shall be used by the county clerk as clerk of the

 

licensing authority and by the licensing authority from each of

 

their respective accounts within the fund only for the cost of

 

administering this act. Allowable expenditures include, but are not


 

limited to, paying refunds required under this act and for any of

 

the following costs of the licensing authority or of the county

 

clerk or clerk of the licensing authority:

 

(a) Staffing requirements.

 

(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 issued a

 

license to an individual to carry a concealed pistol licensing

 

authority may suspend or revoke that a license as permitted under

 

this act if the board licensing authority determines that the

 

individual committed any violation of this act other than a

 

violation of section 5f(4). If the board licensing authority

 

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 licensing authority shall conduct a

 

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

 

1 year.

 

(2) Except as provided in subsections (3), (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

 

between the licensee and the board. licensing authority. The board

 

licensing authority shall give the individual at least 10 days'

 

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

 

personal service by the licensing authority or by certified first-


 

class mail delivered in a sealed envelope sent by the clerk of the

 

licensing authority to the individual's last known address.

 

(3) If the concealed weapon licensing board licensing

 

authority 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 licensing authority shall

 

immediately suspend the individual's license until there is a final

 

disposition of the charge for that offense and the clerk of the

 

licensing authority 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. licensing authority. 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 licensing

 

authority shall conduct a prompt hearing between the licensee and

 

the licensing authority if requested in writing by the individual.

 

The Except as provided in subsection (6), the requirements of

 

subsection (2) do not apply to this subsection.

 

(4) The concealed weapon licensing board that issued a license

 

to an individual to carry a concealed pistol licensing authority

 

shall revoke that license if the board licensing authority

 

determines that the individual is not eligible under this act to

 

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

 

licensing board clerk of the licensing authority shall immediately

 

send notice of the fact of and the reason for the revocation 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 licensing authority. Except

 

as provided in subsection (6), the requirements of subsection (2)

 

do not apply to this subsection.

 

(5) If the concealed weapon licensing board licensing

 

authority 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 licensing authority shall immediately suspend the

 

individual's license pending a suspension or revocation hearing

 

under this section. The concealed weapon licensing board clerk of

 

the licensing authority shall send notice of the suspension to the

 

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

 

concealed weapon licensing board. licensing authority. 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

 

licensing authority shall conduct a prompt hearing if requested in

 

writing by the individual. The Except as provided in subsection

 

(6), the requirements of subsection (2) do not apply to this

 

subsection.

 

(6) A hearing under this section shall be closed to the public

 

upon the request of the individual. The individual is entitled to

 

be represented by legal counsel during the hearing and to present

 

relevant evidence, including the testimony of witnesses, in his or

 

her behalf. If a suspension is imposed under this section, the

 

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

 

as applicable, or until a specific date. The licensee shall


 

promptly surrender his or her license to the clerk of the licensing

 

authority after being notified that his or her license has been

 

revoked or suspended.

 

(7) If a licensing authority ordered a license suspended under

 

this section and that license was surrendered by the licensee, the

 

licensing authority shall, upon the expiration of the suspension

 

period, automatically reinstate the license if the license was

 

suspended as required under subsection (5), is not expired, and the

 

individual is otherwise qualified to receive a license under this

 

act to carry a concealed pistol. The clerk of the licensing

 

authority shall notify the individual by first-class mail in a

 

sealed envelope sent to the individual's last known address as

 

shown by the records of the licensing authority that his or her

 

license has been reinstated. The notice shall be sent within 7 days

 

after the license is reinstated by the licensing authority. A

 

licensing authority may charge a fee of not more than $20.00 for

 

the reinstatement of a revoked or suspended license. The clerk

 

shall collect any reinstatement fee paid under this subsection for

 

deposit in the concealed pistol licensing fund, divided equally

 

between the account of the licensing authority and the clerk.

 

(8) (6) If the concealed weapon licensing board licensing

 

authority orders a license suspended, or revoked, or reinstated

 

under this section or amends a suspension, or revocation, or

 

reinstatement order, the concealed weapon licensing board licensing

 

authority shall immediately notify a law enforcement agency having

 

jurisdiction in the county in which the concealed weapon licensing

 

board licensing authority is located to 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

 

licensing authority shall immediately enter the order or amended

 

order into the law enforcement information network as requested by

 

that concealed weapon licensing board.licensing authority.

 

(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.

 

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

 

licensing authority is authorized to administer an oath to any


 

individual testifying before the board licensing authority at a

 

hearing under this section.

 

Enacting section 1. Section 6a of 1927 PA 372, MCL 28.426a, is

 

repealed.