SB-0219, As Passed Senate, March 23, 2017

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 219

 

 

 

 

 

 

 

 

 

 

 

 

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, 4, 5a, 5b, 5j, 5l, 5o, 6, and 8 (MCL

 

28.421, 28.424, 28.425a, 28.425b, 28.425j, 28.425l, 28.425o,

 

28.426, and 28.428), section 1 as amended by 2016 PA 301, sections

 

4, 5a, 5j, and 5l as amended by 2015 PA 3, sections 5b and 8 as

 

amended by 2015 PA 207, section 5o as amended by 2015 PA 206, and


section 6 as added by 2005 PA 242; 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) "Corrections officer of the department of corrections"

 

means a state correctional officer as that term is defined in

 

section 2 of the correctional officers' training act of 1982, 1982

 

PA 415, MCL 791.502.

 

(b) "Felony" means, except as otherwise provided in this

 

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

 

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

 

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

 

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

 

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

 

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

 

(c) "Firearm" means any weapon which will, is designed to, or

 

may readily be converted to expel a projectile by action of an

 

explosive.

 

(d) "Firearms records" means any form, information, or record

 

required for submission to a government agency under sections 2,

 

2a, 2b, and 5b, or any form, permit, or license issued by a

 

government agency under this act.

 

(e) "Local corrections officer" means that term as defined in

 

section 2 of the local corrections officers training act, 2003 PA

 

125, MCL 791.532.

 

(f) "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.

 

(g) "Parole or probation officer of the department of

 

corrections" means any individual employed by the department of

 

corrections to supervise felony probationers or parolees or that

 

individual's immediate supervisor.

 

(h) "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 Michigan

 

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.

 

(i) "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.

 

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

 

another person by purchase or gift.

 

(k) "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.

 

(l) "Retired corrections officer of the department of

 

corrections" means an individual who was a corrections officer of

 

the department of corrections and who retired in good standing from

 

his or her employment as a corrections officer of the department of

 

corrections.

 

(m) "Retired federal law enforcement officer" means an

 

individual who was an officer or agent employed by a law

 

enforcement agency of the United States government whose primary

 

responsibility was enforcing laws of the United States, who was

 

required to carry a firearm in the course of his or her duties as a

 

law enforcement officer, and who retired in good standing from his

 

or her employment as a federal law enforcement officer.

 

(n) "Retired parole or probation officer of the department of

 

corrections" means an individual who was a parole or probation

 

officer of the department of corrections and who retired in good

 

standing from his or her employment as a parole or probation

 

officer of the department of corrections.

 

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

 

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

 

enforcement officer who was licensed or certified as described in

 

the Michigan commission on law enforcement standards act, 1965 PA

 

203, MCL 28.601 to 28.615, and retired in good standing from his or

 

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

 

police officer or law enforcement officer retired in good standing

 

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


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

 

actively maintained a Michigan commission on law enforcement

 

standards or equivalent state certification or license from this

 

state or another state for not less than 10 consecutive years.

 

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

 

another person.

 

(q) "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.

 

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

 

described in subdivision (q) 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. 4. (1) A person An individual who is prohibited from

 

possessing, using, transporting, selling, purchasing, carrying,

 

shipping, receiving, or distributing a firearm under section

 

224f(2) of the Michigan penal code, 1931 PA 328, MCL 750.224f, may

 

apply to petition the circuit court in the county in which he or

 

she resides for restoration of those rights.

 

(2) A person An individual who is prohibited from possessing,

 

using, transporting, selling, carrying, shipping, or distributing

 

ammunition under section 224f(4) of the Michigan penal code, 1931

 

PA 328, MCL 750.224f, may apply to petition the circuit court in

 

the county in which he or she resides for restoration of those

 

rights.

 

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

 

under subsection (1) or (2) in any calendar year. 12-month period.

 

The circuit court shall charge a fee as provided in section 2529 of

 

the revised judicature act of 1961, 1961 PA 236, MCL 600.2529,

 

unless the court waives that fee.

 

(4) The circuit court shall, by written order, restore the

 

rights of a person an individual to possess, use, transport, sell,

 

purchase, carry, ship, receive, or distribute a firearm or to

 

possess, use, transport, sell, carry, ship, or distribute

 

ammunition if the circuit court determines, by clear and convincing

 

evidence, that all of the following circumstances exist:

 

(a) The person individual properly submitted an application a

 

petition 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 individual has paid all fines imposed for the

 

violation resulting in the prohibition.

 

(ii) The person individual has served all terms of

 

imprisonment imposed for the violation resulting in the

 

prohibition.

 

(iii) The person individual has successfully completed all

 

conditions of probation or parole imposed for the violation

 

resulting in the prohibition.

 

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

 

that the person individual is not likely to act in a manner

 

dangerous to the safety of other persons.individuals.

 

Sec. 5a. (1) Beginning December 1, 2015, the county concealed

 

weapon licensing boards are eliminated. Each county concealed

 

weapon licensing board shall transfer all license applications and

 

official documents in its possession to the county clerk of the

 

county in which the board is located no later than November 30,

 

2015. All pending applications remain in place, are considered to

 

have a December 1, 2015 application date, and shall be processed by

 

the county clerk as provided in this act. If an applicant has an

 

initial or renewal application that is pending on December 1, 2015,

 

that applicant may request a receipt from the county clerk that

 

meets the requirements of section 5b(9) or 5l(3). The county clerk

 

shall issue that receipt by first-class mail unless requested in

 

person. The receipt is effective on the date the county clerk

 

issues that receipt. The county clerk shall not charge any


additional fee for receiving or processing an application

 

previously submitted to the county concealed weapon licensing

 

board, except as otherwise provided in this act. A license to carry

 

a concealed pistol issued by a concealed weapon licensing board

 

before December 1, 2015 is valid and remains in effect until the

 

expiration of that license or as otherwise provided by law.

 

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

 

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

 

license or notice of statutory disqualification in that county.

 

(b) Issuing licenses to carry a concealed pistol.

 

(c) Issuing notices of statutory disqualification, notices of

 

suspensions, and notices of revocations.

 

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

 

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

 

pistol is eligible to receive a license to carry a concealed

 

pistol.

 

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

 

concealed pistol to an applicant individual if the individual has

 

obtained a personal protection order issued under section 2950 or

 

2950a of the revised judicature act of 1961, 1961 PA 236, MCL

 

600.2950 and 600.2950a, or to an applicant that individual if a

 

county sheriff determines that there is clear and convincing

 

evidence to believe the safety of the applicant individual or the

 

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

 

household is endangered by the applicant's individual's inability

 

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

 

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


application for a personal protection order, police reports and

 

other law enforcement records, or written, audio, or visual

 

evidence of threats to the applicant individual or member of the

 

applicant's individual's family or household. A county clerk shall

 

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

 

applicant individual who has obtained a personal protection order

 

if the individual is eligible under section 5b(7)(d), (e), (f),

 

(h), (i), (j), (k), and (m) to receive a license based on a

 

criminal record check through the law enforcement information

 

network conducted by the department of state police. The county

 

sheriff shall only issue a determination under this subsection to

 

an individual who is eligible under section 5b(7)(d), (e), (f),

 

(h), (i), (j), (k), and (m) to receive a license based on a

 

criminal record check through the law enforcement information

 

network and only after the county sheriff has taken the

 

individual's fingerprints in compliance with section 5b(9). A

 

county sheriff shall notify the county clerk if the county sheriff

 

determines that an individual is not eligible under section

 

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

 

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

 

the department of state police. An applicant individual who applies

 

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

 

applying for an emergency license, complete a pistol training

 

course under section 5j and apply for a license under section 5b.

 

If an individual who applies for an emergency license does not

 

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

 

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


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

 

longer valid. A county sheriff who makes a determination under this

 

section, performs a criminal record check, and takes the

 

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

 

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

 

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

 

the county clerk under this subsection in the concealed pistol

 

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

 

otherwise provided in this subsection, an emergency license is

 

unrestricted and is valid for 45 days or until the county clerk

 

issues a license or a notice of statutory disqualification,

 

whichever occurs first. Except as otherwise provided in this act,

 

an emergency license is, for all other purposes of this act, a

 

license to carry a concealed pistol. The county clerk shall include

 

an indication on the license if an individual is exempt from the

 

prohibitions against carrying a concealed pistol on premises

 

described in section 5o if the applicant provides acceptable proof

 

that he or she qualifies for that exemption. An individual shall

 

not obtain more than 1 emergency license in any 5-year period. If a

 

county clerk issues a notice of statutory disqualification to an

 

applicant who received an emergency license under this section, the

 

applicant shall immediately surrender the emergency license to the

 

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

 

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

 

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

 

disqualification is guilty of a misdemeanor punishable by

 

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


$500.00, or both.

 

(5) The legislative service bureau shall compile the firearms

 

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

 

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

 

electronic format to the department of state police. The department

 

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

 

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

 

also provide forms to appeal any notice of statutory

 

disqualification, or suspension or revocation of a license under

 

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

 

the compilation and forms required under this subsection in an

 

electronic format to each county clerk. The county clerk shall

 

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

 

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

 

the time the application is submitted. The county clerk may

 

distribute copies of the compilation and forms required under this

 

subsection in an electronic format. The county clerk shall require

 

the applicant to sign a written statement acknowledging that he or

 

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

 

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

 

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

 

statement.

 

Sec. 5b. (1) Until November 30, 2015, to obtain a license to

 

carry a concealed pistol, an individual shall apply to the

 

concealed weapon licensing board in the county in which that

 

individual resides. Beginning December 1, 2015, to To obtain a

 

license to carry a concealed pistol, an individual shall apply to


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

 

applicant shall file the application with the county clerk in the

 

county in which the applicant resides during the county clerk's

 

normal business hours. The application shall must be on a form

 

provided by the director of the department of state police . Until

 

November 30, 2015, the application shall allow the applicant to

 

designate whether the applicant seeks a temporary license.

 

Beginning December 1, 2015, the application shall and allow the

 

applicant to designate whether the applicant seeks an emergency

 

license. The applicant shall sign the application shall be signed

 

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

 

county clerk or his or her representative shall administer the

 

oath. Beginning December 1, 2015, not Not more than 1 application

 

may be submitted under this subsection in any calendar year.

 

Beginning December 1, 2015, an 12-month period. An application

 

under this subsection is not considered complete until an applicant

 

submits all of the required information and fees and has

 

fingerprints taken under subsection (9). Beginning December 1,

 

2015, an An application under this subsection is considered

 

withdrawn if an applicant does not have fingerprints taken under

 

subsection (9) within 45 days of the date an application is filed

 

under this subsection. Beginning December 1, 2015, a A completed

 

application and all receipts issued under this section expires

 

expire 1 year from the date of application. Beginning December 1,

 

2015, the The county clerk shall issue the applicant a receipt for

 

his or her application at the time the application is submitted

 

containing the name of the applicant, the applicant's state-issued


driver license or personal identification card number, the date and

 

time the receipt is issued, the amount paid, the name of the county

 

in which the receipt is issued, an impression of the county seal,

 

and the statement, "This receipt was issued for the purpose of

 

applying for a concealed pistol license and for obtaining

 

fingerprints related to that application. This receipt does not

 

authorize an individual to carry a concealed pistol in this

 

state.". The application shall must contain all of the following:

 

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

 

his or her primary residence, and , beginning December 1, 2015, his

 

or her state-issued driver license or personal identification card

 

number. Until November 30, 2015, if the applicant resides in a

 

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

 

of the police department.

 

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

 

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

 

(c) Until November 30, 2015, a statement by the applicant

 

authorizing the concealed weapon licensing board to access any

 

record, including any medical record, pertaining to the applicant's

 

qualifications for a license to carry a concealed pistol under this

 

act. The applicant may request that information received by the

 

concealed weapon licensing board under this subdivision be reviewed

 

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

 

closed, the concealed weapon licensing board shall close the

 

session only for purposes of this subdivision. The applicant and

 

his or her representative have the right to be present in the

 

closed session. Beginning December 1, 2015, a A statement by the


applicant authorizing the department of state police to access any

 

record needed to perform the verification in subsection (6).

 

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

 

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

 

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

 

concealed pistol.

 

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

 

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

 

following:

 

(i) Any felony.

 

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

 

applicant was convicted of that misdemeanor in the 8 years

 

immediately preceding the date of the application, or a misdemeanor

 

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

 

that misdemeanor in the 3 years immediately preceding the date of

 

the application.

 

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

 

dishonorably discharged from the United States armed forces.Armed

 

Forces.

 

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

 

temporary license, the facts supporting the issuance of that

 

temporary license.

 

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

 

and telephone numbers of 2 individuals who are references for the

 

applicant.

 

(g) (i) Until November 30, 2015, a passport-quality photograph

 

of the applicant provided by the applicant at the time of


application. Beginning December 1, 2015, if If an applicant does

 

not have a digitized photograph on file with the secretary of

 

state, a passport-quality photograph of the applicant provided by

 

the applicant at the time of application.

 

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

 

the training course prescribed by this act.

 

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

 

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

 

eligibility for obtaining a license to carry a concealed pistol

 

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

 

in this act. The application form shall must contain a conspicuous

 

warning that the application is executed under oath and that

 

intentionally making a material false statement on the application

 

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

 

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

 

(3) An individual who intentionally makes a material false

 

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

 

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

 

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

 

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

 

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

 

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

 

county clerk may destroy the record and maintain only a name index

 

of the record shall be maintained in the database created in

 

section 5e.

 

(5) Until November 30, 2015, each applicant shall pay a

 

nonrefundable application and licensing fee of $105.00 by any


method of payment accepted by that county for payments of other

 

fees and penalties. Beginning December 1, 2015, each Each applicant

 

shall pay an a nonrefundable application and licensing fee of

 

$100.00 by any method of payment accepted by that county for

 

payments of other fees and penalties. Except as provided in

 

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

 

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

 

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

 

applicant shall pay the application and licensing fee shall be

 

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

 

treasurer shall deposit $15.00 of each application and licensing

 

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

 

and credit that deposit to the credit of the county sheriff and

 

deposit $26.00 of each fee collected under this section in the

 

concealed pistol licensing fund of that county created in section

 

5x. Beginning December 1, 2015, the The county treasurer shall

 

deposit $26.00 of each application and licensing fee collected

 

under this section in the concealed pistol licensing fund of that

 

county created in section 5x. The county treasurer shall forward

 

the balance remaining to the state treasurer. The state treasurer

 

shall deposit the balance of the fee in the general fund to the

 

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

 

police shall use the money received under this act to process the

 

fingerprints and to reimburse the Federal Bureau of Investigation

 

for the costs associated with processing fingerprints submitted

 

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

 

shall must be credited to the department of state police.


(6) Until November 30, 2015, the county sheriff on behalf of

 

the concealed weapon licensing board shall verify the requirements

 

of subsection (7)(d), (e), (f), (h), (i), (j), (k), (l), and (m)

 

through the law enforcement information network and report his or

 

her finding to the concealed weapon licensing board. Beginning

 

December 1, 2015, the The department of state police shall verify

 

the requirements of subsection (7)(d), (e), (f), (h), (i), (j),

 

(k), and (m) through the law enforcement information network and

 

the national instant criminal background check system and shall

 

report to the county clerk all statutory disqualifications, if any,

 

under this act that apply to an applicant. Until November 30, 2015,

 

if the applicant resides in a city, village, or township that has a

 

police department, the concealed weapon licensing board shall

 

contact that city, village, or township police department to

 

determine only whether that city, village, or township police

 

department has any information relevant to the investigation of

 

whether the applicant is eligible under this act to receive a

 

license to carry a concealed pistol. Until November 30, 2015, the

 

concealed weapon licensing board may require a person claiming

 

active duty status with the United States armed forces under this

 

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

 

(a) The person's home of record.

 

(b) Permanent active duty assignment in this state.

 

(7) Until November 30, 2015, the concealed weapon licensing

 

board and, beginning December 1, 2015, the The county clerk shall

 

issue and shall send by first-class mail a license to an applicant

 

to carry a concealed pistol within the period required under this


act if the concealed weapon licensing board or county clerk

 

determines that all of the following circumstances exist:

 

(a) The applicant is 21 years of age or older.

 

(b) The applicant is a citizen of the United States or is an

 

alien lawfully admitted into the United States, is a legal resident

 

of this state, and has resided in this state for not less than the

 

6 months immediately preceding the date of application. Until

 

November 30, 2015, the concealed weapon licensing board may waive

 

the 6-month residency requirement for a temporary license under

 

section 5a(8) if the concealed weapon licensing board determines

 

that there is probable cause to believe that the safety of the

 

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

 

endangered by the applicant's inability to immediately obtain a

 

license to carry a concealed pistol. Until November 30, 2015, if

 

the applicant holds a valid concealed pistol license issued by

 

another state at the time the applicant's residency in this state

 

is established, the concealed weapon licensing board may waive the

 

6-month waiting period and the applicant may apply for a concealed

 

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

 

is established. Until November 30, 2015, the concealed weapon

 

licensing board shall immediately issue a temporary license to that

 

applicant. Until November 30, 2015, the temporary license is valid

 

until the concealed weapon licensing board decides whether to grant

 

or deny the application. Beginning December 1, 2015, the The county

 

clerk shall waive the 6-month residency requirement for an

 

emergency license under section 5a(4) if the applicant is a

 

petitioner for a personal protection order issued under section


2950 or 2950a of the revised judicature act of 1961, 1961 PA 236,

 

MCL 600.2950 and 600.2950a, or if the county sheriff determines

 

that there is clear and convincing evidence to believe that the

 

safety of the applicant or the safety of a member of the

 

applicant's family or household is endangered by the applicant's

 

inability to immediately obtain a license to carry a concealed

 

pistol. Beginning December 1, 2015, if If the applicant holds a

 

valid concealed pistol license issued by another state at the time

 

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

 

clerk shall waive the 6-month waiting period residency requirement

 

and the applicant may apply for a concealed pistol license at the

 

time the applicant's residency in this state is established. For

 

the purposes of this section, a person an individual is considered

 

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

 

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

 

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

 

MCL 257.1 to 257.923, or official state personal identification

 

card issued under 1972 PA 222, MCL 28.291 to 28.300.

 

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

 

this state.

 

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

 

United States armed forces Armed Forces and is stationed outside of

 

this state, but the person's individual's home of record is in this

 

state.

 

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

 

United States armed forces Armed Forces and is permanently

 

stationed in this state, but the person's individual'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.

 

(d) The Based solely on the report received from the

 

department of state police under subsection (6), the applicant is

 

not the subject of an order or disposition under any of the

 

following:

 

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

 

330.1464a.

 

(ii) Section 5107 of the estates and protected individuals

 

code, 1998 PA 386, MCL 700.5107.

 

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

 

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

 

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

 

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

 

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

 

procedure, 1927 PA 175, MCL 765.6b.

 

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

 

procedure, 1927 PA 175, MCL 769.16b.

 

(e) The Based solely on the report received from the

 

department of state police under subsection (6), the applicant is

 

not prohibited from possessing, using, transporting, selling,

 

purchasing, carrying, shipping, receiving, or distributing a

 

firearm under section 224f of the Michigan penal code, 1931 PA 328,

 

MCL 750.224f.


(f) The Based solely on the report received from the

 

department of state police under subsection (6), the applicant has

 

never been convicted of a felony in this state or elsewhere, and a

 

felony charge against the applicant is not pending in this state or

 

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

 

this section.

 

(g) The applicant has not been dishonorably discharged from

 

the United States armed forces.Armed Forces.

 

(h) The Based solely on the report received from the

 

department of state police under subsection (6), the applicant has

 

not been convicted of a misdemeanor violation of any of the

 

following in the 8 years immediately preceding the date of

 

application and a charge for a misdemeanor violation of any of the

 

following is not pending against the applicant in this state or

 

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

 

this section:

 

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

 

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

 

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

 

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

 

(operating a commercial vehicle with alcohol content, second

 

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

 

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

 

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

 

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

 

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

 

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


the influence of intoxicating liquor or a controlled substance with

 

prior conviction).

 

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

 

MCL 290.629 (hindering or obstructing certain persons performing

 

official weights and measures duties).

 

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

 

MCL 290.650 (hindering, obstructing, assaulting, or committing

 

bodily injury upon director or authorized representative).

 

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

 

(operating vessel under the influence of intoxicating liquor or a

 

controlled substance, second offense), section 81134 as punishable

 

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

 

influence of intoxicating liquor or a controlled substance, second

 

or subsequent offense), or section 82127 as punishable under

 

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

 

intoxicating liquor or a controlled substance, second offense) of

 

the natural resources and environmental protection act, 1994 PA

 

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

 

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

 

333.7403 (possession of controlled substance, controlled substance

 

analogue, or prescription form).

 

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

 

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

 

(operating locomotive under the influence of intoxicating liquor or

 

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

 

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

 

sexually explicit matter to minors).


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

 

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

 

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

 

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

 

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

 

section 215 (impersonating peace officer or medical examiner),

 

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

 

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

 

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

 

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

 

pistol in pawn), section 232 (failure to register the purchase of a

 

firearm or a firearm component), section 232a (improperly obtaining

 

a pistol, making a false statement on an application to purchase a

 

pistol, or using false identification to purchase a pistol),

 

section 233 (intentionally aiming a firearm without malice),

 

section 234 (intentionally discharging a firearm aimed without

 

malice), section 234d (possessing a firearm on prohibited

 

premises), section 234e (brandishing a firearm in public), section

 

234f (possession of a firearm by an individual less than 18 years

 

of age), section 235 (intentionally discharging a firearm aimed

 

without malice causing injury), section 235a (parent of a minor who

 

possessed a firearm in a weapon free school zone), section 236

 

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

 

firearm while under the influence of intoxicating liquor or a

 

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

 

violation), section 335a (indecent exposure), section 411h

 

(stalking), or section 520e (fourth degree criminal sexual conduct)


of the Michigan penal code, 1931 PA 328, MCL 750.81, 750.81a,

 

750.115, 750.136b, 750.145n, 750.157b, 750.215, 750.223, 750.224d,

 

750.226a, 750.227c, 750.229, 750.232, 750.232a, 750.233, 750.234,

 

750.234d, 750.234e, 750.234f, 750.235, 750.235a, 750.236, 750.237,

 

750.237a, 750.335a, 750.411h, and 750.520e.

 

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

 

328.

 

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

 

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

 

reckless, or negligent use of a firearm resulting in property

 

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

 

45, MCL 752.861, 752.862, and 752.863a.

 

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

 

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

 

substantially corresponding to a violation described in

 

subparagraphs (i) to (xi).

 

(i) The Based solely on the report received from the

 

department of state police under subsection (6), the applicant has

 

not been convicted of a misdemeanor violation of any of the

 

following in the 3 years immediately preceding the date of

 

application unless the misdemeanor violation is listed under

 

subdivision (h) and a charge for a misdemeanor violation of any of

 

the following is not pending against the applicant in this state or

 

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

 

this section:

 

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

 

(refusal of commercial vehicle operator to submit to a chemical


test), section 625k (ignition interlock device reporting

 

violation), section 625l (circumventing an ignition interlock

 

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

 

section (operating a commercial vehicle with alcohol content) of

 

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

 

257.625k, 257.625l, and 257.625m.

 

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

 

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

 

influence).

 

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

 

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

 

a snowmobile under the influence) of the natural resources and

 

environmental protection act, 1994 PA 451, MCL 324.81134 and

 

324.82127.

 

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

 

333.7401 to 333.7461 (controlled substance violation).

 

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

 

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

 

locomotive under the influence).

 

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

 

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

 

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

 

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

 

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

 

defrauding lessor), section 377a (malicious destruction of

 

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

 

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


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

 

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

 

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

 

750.535, and 750.540e.

 

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

 

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

 

substantially corresponding to a violation described in

 

subparagraphs (i) to (vi).

 

(j) The Based solely on the report received from the

 

department of state police under subsection (6), the applicant has

 

not been found guilty but mentally ill of any crime and has not

 

offered a plea of not guilty of, or been acquitted of, any crime by

 

reason of insanity.

 

(k) The Based solely on the report received from the

 

department of state police under subsection (6), the applicant is

 

not currently and has never been subject to an order of involuntary

 

commitment in an inpatient or outpatient setting due to mental

 

illness.

 

(l) The applicant has filed a statement under subsection

 

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

 

illness that includes an assessment that the individual presents a

 

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

 

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

 

treatment for that illness.

 

(m) The Based solely on the report received from the

 

department of state police under subsection (6), the applicant is

 

not under a court order of legal incapacity in this state or


elsewhere.

 

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

 

personal identification card.

 

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

 

enumerated prohibitions for using, transporting, selling,

 

purchasing, carrying, shipping, receiving, or distributing a

 

firearm in this section the department of state police shall

 

immediately enter the order or conviction into the law enforcement

 

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

 

court order or conviction shall must not be removed from the law

 

enforcement information network, but may be moved to a separate

 

file intended for the use of the county concealed weapon licensing

 

boards, department of state police, the courts, and other

 

government entities as necessary and exclusively to determine

 

eligibility to be licensed under this act.

 

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

 

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

 

classifiable fingerprints be taken by the a county clerk, the

 

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

 

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

 

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

 

provides fingerprinting capability for the purposes of this act.

 

Beginning December 1, 2015, an An individual who has had

 

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

 

additional fingerprints taken under this subsection. If the

 

individual requests that classifiable fingerprints be taken by the

 

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


police agency, or other entity, the individual shall also pay a fee

 

of $15.00 by any method of payment accepted for payments of other

 

fees and penalties. A county clerk shall deposit any fee it accepts

 

under this subsection in the concealed pistol licensing fund of

 

that county created in section 5x. The county clerk, department of

 

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

 

shall take the fingerprints within 5 business days after the

 

request. County clerks, the department of state police, county

 

sheriffs, local police agencies, and other entities shall provide

 

reasonable access to fingerprinting services during normal business

 

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

 

if the county clerk, department of state police, county sheriff,

 

local police agency, or other entity provides fingerprinting

 

capability for the purposes of this act. Beginning December 1,

 

2015, the The entity providing fingerprinting services shall issue

 

the applicant individual a receipt at the time his or her

 

fingerprints are taken. Beginning December 1, 2015, the The county

 

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

 

agency, or other entity shall not provide a receipt under this

 

subsection unless the individual requesting the fingerprints

 

provides an application receipt received under subsection (1).

 

Beginning December 1, 2015, a A receipt under this subsection shall

 

must contain all of the following:

 

(a) The name of the applicant.individual.

 

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

 

(c) The amount paid.

 

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


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

 

or personal identification card number.

 

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

 

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

 

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

 

disqualification is not issued within 45 days after the date this

 

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

 

license for the individual named in the receipt when carried with

 

an official state-issued driver license or personal identification

 

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

 

of statutory disqualification is issued by the county clerk. This

 

receipt does not exempt the individual named in the receipt from

 

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

 

(10) The fingerprints shall must be taken, under subsection

 

(9), in a manner prescribed by the department of state police. The

 

fingerprints taken by a county clerk, county sheriff, local police

 

agency, or other entity shall be immediately forwarded forward the

 

fingerprints taken by that entity to the department of state police

 

for comparison with fingerprints already on file with the

 

department of state police. The department of state police shall

 

immediately forward the fingerprints to the Federal Bureau of

 

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

 

receiving a report of the fingerprints from the Federal Bureau of

 

Investigation, the department of state police shall provide a copy

 

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

 

appropriate and the clerk of the appropriate concealed weapon

 

licensing board. Beginning December 1, 2015, within Within 5


business days of after completing the verification under subsection

 

(6), the department shall send the county clerk a list of an

 

applicant's individual's statutory disqualifications under this

 

act. Until November 30, 2015, and except as provided in subsection

 

(14), the concealed weapon licensing board shall not issue a

 

concealed pistol license until it receives the fingerprint

 

comparison report prescribed in this subsection. Beginning December

 

1, 2015, and except Except as provided in section 5a(4), the county

 

clerk shall not issue a concealed pistol license until he or she

 

receives the report of statutory disqualifications prescribed in

 

this subsection. Beginning December 1, 2015, if If an individual's

 

fingerprints are not classifiable, the department of state police

 

shall, at no charge, take the individual's fingerprints again or

 

provide for the comparisons under this subsection to be conducted

 

through alternative means. Until November 30, 2015, the concealed

 

weapon licensing board may deny a license if an individual's

 

fingerprints are not classifiable by the Federal Bureau of

 

Investigation. Beginning December 1, 2015, the The county clerk

 

shall not issue a notice of statutory disqualification because an

 

individual's fingerprints are not classifiable by the Federal

 

Bureau of Investigation.

 

(11) Until November 30, 2015, the concealed weapon licensing

 

board shall deny a license to an applicant to carry a concealed

 

pistol if the applicant is not qualified under subsection (7) to

 

receive that license. Beginning December 1, 2015, the The county

 

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

 

disqualification for a license under this act to an applicant


individual if the applicant individual is not qualified under

 

subsection (7) to receive that license.

 

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

 

based upon an application that contains a material false statement

 

is void from the date the license is issued.

 

(13) Until November 30, 2015, and subject to subsections (10)

 

and (14), the concealed weapon licensing board shall issue or deny

 

issuance of a license within 45 days after the concealed weapon

 

licensing board receives the fingerprint comparison report provided

 

under subsection (10). Beginning December 1, 2015, and subject

 

Subject to subsection (10), the department of state police shall

 

complete the verification required under subsection (6) and the

 

county clerk shall issue a license or a notice of statutory

 

disqualification within 45 days after the date the applicant

 

individual has classifiable fingerprints taken under subsection

 

(9). Beginning December 1, 2015, the The county clerk shall include

 

an indication on the license if an individual is exempt from the

 

prohibitions against carrying a concealed pistol on premises

 

described in section 5o if the applicant provides acceptable proof

 

that he or she qualifies for that exemption. Until November 30,

 

2015, if the concealed weapon licensing board denies issuance of a

 

license to carry a concealed pistol, or beginning December 1, 2015,

 

if If the county clerk receives notice from a county sheriff or

 

chief law enforcement officer that a licensee is no longer a member

 

of a sheriff's posse, an auxiliary officer, or a reserve officer,

 

the county clerk shall notify the licensee that he or she shall

 

surrender the concealed pistol license indicating that the


individual is exempt from the prohibitions against carrying a

 

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

 

shall, within 30 days after receiving notice from the county clerk,

 

surrender the license indicating that the individual is exempt from

 

the prohibitions against carrying a concealed pistol on premises

 

described in section 5o and obtain a replacement license after

 

paying the fee required under subsection (15). If the county clerk

 

issues a notice of statutory disqualification, the concealed weapon

 

licensing board or the county clerk , as appropriate, shall within

 

5 business days do all of the following:

 

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

 

for the denial or disqualification. Information under this

 

subdivision shall include all of the following:

 

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

 

articulable facts supporting the denial. Beginning December 1,

 

2015, a A statement of each statutory disqualification identified.

 

(ii) Until November 30, 2015, copies of any writings,

 

photographs, records, or other documentary evidence upon which the

 

denial is based. Beginning December 1, 2015, the The source of the

 

record for each statutory disqualification identified.

 

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

 

for the source of the record for each statutory disqualification

 

identified.

 

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

 

right to appeal the denial or notice of statutory disqualification

 

to the circuit court as provided in section 5d.

 

(c) Beginning December 1, 2015, inform Inform the applicant


individual that he or she should contact the source of the record

 

for any statutory disqualification to correct any errors in the

 

record resulting in the statutory disqualification.

 

(14) Until November 30, 2015, if the fingerprint comparison

 

report is not received by the concealed weapon licensing board

 

within 60 days after the fingerprint report is forwarded to the

 

department of state police by the Federal Bureau of Investigation,

 

the concealed weapon licensing board shall issue a temporary

 

license to carry a concealed pistol to the applicant if the

 

applicant is otherwise qualified for a license. Until November 30,

 

2015, a temporary license issued under this section is valid for

 

180 days or until the concealed weapon licensing board receives the

 

fingerprint comparison report provided under subsection (10) and

 

issues or denies issuance of a license to carry a concealed pistol

 

as otherwise provided under this act. Until November 30, 2015, upon

 

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

 

concealed pistol to an applicant who received a temporary license

 

under this section, the applicant shall immediately surrender the

 

temporary license to the concealed weapon licensing board that

 

issued that temporary license. Beginning December 1, 2015, if If a

 

license or notice of statutory disqualification is not issued under

 

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

 

individual has classifiable fingerprints taken under subsection

 

(9), the receipt issued under subsection (9) shall serve serves as

 

a concealed pistol license for purposes of this act when carried

 

with a state-issued driver license or personal identification card

 

and is valid until a license or notice of statutory


disqualification is issued by the county clerk.

 

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

 

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

 

or her license remains valid until it expires or is otherwise

 

suspended or revoked under this act. Beginning December 1, 2015, an

 

An individual may notify a county clerk that he or she has moved to

 

a different address within this state for the purpose of receiving

 

the notice under section 5l(1). A license to carry a concealed

 

pistol that is lost, stolen, or defaced, or replaced for any other

 

reason may be replaced by the issuing county clerk for a

 

replacement fee of $10.00. A county clerk shall deposit a

 

replacement fee under this subsection in the concealed pistol

 

licensing fund of that county created in section 5x.

 

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

 

revoked, the license is forfeited and the individual shall return

 

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

 

Beginning December 1, 2015, the The county clerk shall retain a

 

suspended or revoked license as an official record 1 year after the

 

expiration of the license, unless the license is reinstated or a

 

new license is issued. Beginning December 1, 2015, the The county

 

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

 

suspended or revoked. Beginning December 1, 2015, the The

 

department of state police shall enter that suspension or

 

revocation into the law enforcement information network. An

 

individual who fails to return a license as required under this

 

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

 

suspended or revoked is guilty of a misdemeanor punishable by


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

 

$500.00, or both.

 

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

 

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

 

application under this section upon request and the payment of a

 

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

 

any fee collected under this subsection in the concealed pistol

 

licensing fund of that county created in section 5x.

 

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

 

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

 

individuals who are certified as qualified instructors as

 

prescribed under section 5j.

 

(19) Beginning December 1, 2015, a A county clerk issuing an

 

initial license or renewal license under this act shall mail the

 

license to the licensee by first-class mail in a sealed envelope.

 

Beginning December 1, 2015, upon Upon payment of the fee under

 

subsection (15), a county clerk shall issue a replacement license

 

in person at the time of application for a replacement license.

 

unless the applicant requests that it be delivered A county clerk

 

may also deliver a replacement license by first-class mail if the

 

individual submits to the clerk a written request and a copy of the

 

individual's state-issued driver license or personal identification

 

card.

 

(20) A county clerk, county sheriff, county prosecuting

 

attorney, police department, or the department of state police is

 

not liable for civil damages as a result of the issuance of issuing

 

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


or a negligent act.

 

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

 

under this act to carry a concealed pistol may voluntarily

 

surrender that license without explanation. Beginning December 1,

 

2015, a A county clerk shall retain a surrendered license as an

 

official record for 1 year after the license is surrendered.

 

Beginning December 1, 2015, if If an individual voluntarily

 

surrenders a license under this subsection, the county clerk shall

 

notify the department of state police. Beginning December 1, 2015,

 

the The department of state police shall enter into the law

 

enforcement information network that the license was voluntarily

 

surrendered and the date the license was voluntarily surrendered.

 

(22) As used in this section:

 

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

 

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

 

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

 

law enforcement agency stating that the retired police officer or

 

law enforcement officer retired in good standing.

 

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

 

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

 

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

 

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

 

firearm on the premises of the employing or contracting entity and

 

his or her employee identification.

 

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

 

investigator or private detective under the professional

 

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


his or her license.

 

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

 

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

 

a letter stating that the individual has received county sheriff

 

approved weapons training.

 

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

 

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

 

office stating that the retired corrections officer retired in good

 

standing and that the individual has received county sheriff

 

approved weapons training.

 

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

 

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

 

her employee identification.

 

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

 

his or her identification.

 

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

 

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

 

employee identification.

 

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

 

corrections officer, or absconder recovery unit member, of the

 

department of corrections, his or her employee identification and

 

proof that the individual obtained a Michigan department of

 

corrections weapons permit.

 

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

 

corrections officer, or retired absconder recovery unit member, of

 

the department of corrections, a letter from the department of

 

corrections stating that the retired parole, probation, or


corrections officer, or retired absconder recovery unit member,

 

retired in good standing and proof that the individual obtained a

 

Michigan department of corrections weapons permit.

 

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

 

letter from the judicial tenure commission stating that the state

 

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

 

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

 

employee identification.

 

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

 

identification required under the law enforcement officers safety

 

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

 

retired federal law enforcement officer retired in good standing.

 

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

 

employee identification.

 

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

 

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

 

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

 

adjudication or disposition by the juvenile division of probate

 

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

 

committed by an adult would be a crime.

 

(c) "Felony" means, except as otherwise provided in this

 

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

 

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

 

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

 

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

 

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

 

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


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

 

or mood that significantly impairs judgment, behavior, capacity to

 

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

 

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

 

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

 

state or violation of a local ordinance substantially corresponding

 

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

 

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

 

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

 

or both.

 

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

 

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

 

any other service for the treatment of a mental illness.

 

Sec. 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 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 must be taught by

 

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

 

(v) Avoiding criminal attack and controlling a violent

 

confrontation.

 

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

 

this state.

 

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

 

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

 

(c) The program provides a certificate of completion that

 

states the program complies with the requirements of this section

 

and that the individual successfully completed the course, and that

 

contains the printed name and original handwritten signature of the

 

course instructor. The certificate of completion shall must contain

 

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

 

372.". For certificates issued on or after December 1, 2015, each

 

certificate shall must also contain both of the following, which

 

shall must be printed on the face of the certificate or attached in

 

a separate document:

 

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

 

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

 

state or national firearms training organization that has certified

 

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

 

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

 

date of that certification.


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

 

a state or national firearms training organization to teach the

 

pistol safety training courses described in this section. The

 

county clerk shall not require any other certification or require

 

an instructor to register with the county or county clerk.

 

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

 

under state law applicable at the time the certification was issued

 

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

 

applicant provides information that reasonably demonstrates that

 

the certificate or the training meets the applicable requirements.

 

(3) 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 county clerk knowing that the individual did

 

not satisfactorily complete the course.

 

(4) A person who violates subsection (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) A county clerk shall not require that a specific form,

 

color, wording, or other content appear on a certificate of

 

completion, except as otherwise required under this act.

 

Sec. 5l. (1) A license to carry a concealed pistol, 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. Beginning December 1,


2015, the The county clerk shall notify the licensee that his or

 

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

 

this section. The notification shall must be sent by the county

 

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

 

records of the county clerk. The notification shall must 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 this section, a renewal of a license

 

under section 5b shall must be issued in the same manner as an

 

original license issued under section 5b. Beginning December 1,

 

2015, an An applicant is eligible for a renewal of a license under

 

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

 

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

 

section. Beginning December 1, 2015, each Each applicant who

 

submits an application for a renewal license to a county clerk

 

under this section shall pay an application and licensing fee of

 

$115.00 by any method of payment accepted by that county for

 

payments of other fees and penalties. No other charge, fee, cost,

 

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

 

assessment, is required of the applicant except as specifically

 

authorized in this act. The applicant shall pay the application and

 

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

 

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

 

the concealed pistol licensing fund of that county created in

 

section 5x. The county treasurer shall forward the balance

 

remaining to the state treasurer. The state treasurer shall deposit

 

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


department of state police.

 

(2) Subject to subsections (8) (9) and (9), (10), an

 

application to renew a license to carry a concealed pistol may be

 

submitted not more than 6 months before the expiration of the

 

current license. No later than December 1, 2018, the department of

 

state police shall provide a system for an applicant to submit his

 

or her application to renew a license to carry a concealed pistol

 

online or by first-class mail and shall accept those applications

 

on behalf of the county clerk as required under this act at no

 

additional charge. Each applicant who submits a renewal license

 

online or by first-class mail to the department of state police

 

under this section shall pay an application and licensing fee of

 

$115.00 by any method of payment accepted by the department of

 

state police. No other charge, fee, cost, or assessment is required

 

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

 

applicant shall pay the application and licensing fee shall be

 

payable to the state. The state treasurer shall forward $36.00 of

 

each fee collected under this subsection to the county treasurer

 

who shall deposit the $36.00 in the concealed pistol licensing fund

 

of that county created in section 5x. The state treasurer shall

 

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

 

the department of state police. The department of state police

 

shall notify the county clerk of the county in which the applicant

 

resides of a properly submitted online application or application

 

by first-class mail received by the department. Beginning December

 

1, 2015, if If the county clerk issues a renewal license under this

 

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


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

 

licensing board approves or county clerk issues the renewal, the

 

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

 

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

 

renewal, whichever is later, and the date of expiration is the

 

applicant's date of birth which is not less than 4 years or more

 

than 5 years from the effective date of the license.

 

(3) Until November 30, 2015, the concealed weapon licensing

 

board shall issue or deny issuance of a renewal license within 60

 

days after the application for renewal is properly submitted. The

 

county clerk shall issue the applicant a receipt for his or her

 

renewal application at the time the application is submitted to the

 

county clerk. Beginning December 1, 2015, the The department of

 

state police shall complete the verification required under section

 

5b(6) and the county clerk shall issue a renewal license or a

 

notice of statutory disqualification within 30 days after the date

 

the renewal application was received. Beginning on the date the

 

department of state police establishes a system under subsection

 

(2), the department of state police shall provide an applicant a

 

digital receipt, or a receipt by first-class mail if requested, for

 

his or her renewal application submitted online at the time the

 

application is received by the department of state police.

 

Beginning on the date the department of state police establishes a

 

system under subsection (2), the department of state police shall

 

mail an applicant a receipt by first-class mail for his or her

 

renewal application submitted by first-class mail at the time the

 

application is received by the department of state police. The


receipt issued under this subsection shall to an individual

 

applying for a renewal license whose current license is not expired

 

at the time of application must 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) Beginning December 1, 2015, the The applicant's state-

 

issued driver license or personal identification card number.

 

(e) Until November 30, 2015, the statement that the receipt is

 

for a license renewal. Beginning December 1, 2015, the The

 

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

 

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

 

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

 

for the individual named in the receipt when carried with the

 

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

 

disqualification is issued by the county clerk. This receipt does

 

not exempt the individual named in the receipt from complying with

 

all applicable laws for the purchase of firearms.".

 

(f) Until November 30, 2015, a statement of whether the

 

applicant qualifies for an extension under subsection (5).

 

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

 

if applicable.

 

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

 

(4) The receipt issued under subsection (3) to an individual

 

applying for a renewal license whose license is expired must

 

contain all of the following:

 

(a) The name of the applicant.


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

 

(c) The amount paid.

 

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

 

identification card number.

 

(e) The statement this receipt was issued for the purpose of

 

renewal of a concealed pistol license. As provided in section 5l of

 

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

 

disqualification is not issued within 30 days after the date this

 

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

 

license for the individual named in the receipt when carried with

 

an official state-issued driver license or personal identification

 

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

 

of statutory disqualification is issued by the county clerk. This

 

receipt does not exempt the individual named in the receipt from

 

complying with all applicable laws for the purchase of firearms.

 

(5) (4) Until November 30, 2018, a member of the United States

 

armed forces, Armed Forces, the United States armed forces reserve,

 

Armed Forces Reserve, or the Michigan National Guard who is on

 

orders to a duty station outside of this state may submit his or

 

her application to renew a license to carry a concealed pistol by

 

first-class mail, containing the required fee, a notarized

 

application, the licensee's address of record within the state, the

 

licensee's orders to report to a duty station outside of this

 

state, and if the licensee desires to have his or her application

 

receipt, renewal license, or any other notices mailed to his or her

 

address of assignment or deployment, a letter requesting that

 

action including the address of assignment or deployment. If the


concealed weapon licensing board approves or a county clerk issues

 

a renewal license under this section, the county clerk shall send

 

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

 

envelope. If the licensee is a member of the United States armed

 

forces, Armed Forces, the United States armed forces reserve, Armed

 

Forces Reserve, or the Michigan National Guard who is on orders to

 

a duty station outside of this state and requests that his or her

 

license be sent to the address of assignment or deployment, the

 

county clerk shall mail the license to the licensee at the address

 

of assignment or deployment provided in the renewal application.

 

Until November 30, 2018, if a renewal application is submitted by a

 

member of the United States armed forces, Armed Forces, the United

 

States armed forces reserve, Armed Forces Reserve, or the Michigan

 

National Guard who is on orders to a duty station outside of this

 

state, the county clerk shall mail a receipt to the licensee by

 

first-class mail.

 

(6) (5) Until November 30, 2015, if the concealed weapon

 

licensing board fails to deny or issue a renewal license to the

 

person within 60 days as required under subsection (4), the

 

expiration date of the current license is extended by 180 days or

 

until the renewal license is issued, whichever occurs first. This

 

subsection does not apply unless the person pays the renewal fee at

 

the time the renewal application is submitted and the person has

 

submitted a receipt from a police agency that confirms that a

 

background check has been requested by the applicant. Beginning

 

December 1, 2015, if If an individual applies for a renewal license

 

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


the current license is extended until the renewal license or notice

 

of statutory disqualification is issued. Beginning December 1,

 

2015, the The county clerk shall notify the department of state

 

police in a manner prescribed by the department of state police

 

after he or she receives an application for renewal. Beginning

 

December 1, 2015, the The department of state police shall

 

immediately enter into the law enforcement information network the

 

date that application for renewal was submitted and that the

 

renewal application is pending.

 

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

 

expiration date of his or her license under an extension under

 

subsection (5) (6) shall keep the receipt issued by the county

 

clerk under subsection (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 or a notice of statutory disqualification is

 

issued.

 

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

 

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

 

retired law enforcement officer.

 

(9) (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 December 1, 2015, the 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.

 

Beginning December 1, 2015, an An applicant is not required to

 

verify the statements made under this subsection and is not

 

required to obtain a certificate or undergo training other than as

 

required by this subsection.

 

(10) (9) 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. 5o. (1) Subject to subsection (5), an individual licensed

 

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

 

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

 

concealed pistol on the premises of any of the following:

 

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

 

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

 

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


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

 

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

 

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

 

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

 

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

 

public or private child caring institution, or public or private

 

child placing agency.

 

(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 post the sign developed under

 

this subdivision.

 

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

 

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

 

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

 

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

 

pistol on that property or facility.

 

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


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

 

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

 

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

 

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

 

(g) A hospital.

 

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

 

or university.

 

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

 

portable device that uses electro-muscular disruption technology on

 

any of the premises described in subsection (1).

 

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

 

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

 

12a(h), shall not carry a concealed pistol in violation of R

 

432.1212 or a successor rule of the Michigan administrative code

 

Administrative Code promulgated under the Michigan gaming control

 

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

 

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

 

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

 

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

 

following:

 

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

 

police officer, retired law enforcement officer, or retired federal

 

law enforcement officer.

 

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

 

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

 

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

 

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


premises of the employing or contracting entity.

 

(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, if that individual has received county

 

sheriff approved weapons training.

 

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

 

motor carrier officer or capitol security officer of the department

 

of state police.

 

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

 

member of a sheriff's posse.

 

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

 

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

 

department.

 

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

 

any of the following:

 

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

 

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

 

individual has obtained a Michigan department of corrections

 

weapons permit.

 

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

 

retired absconder recovery unit member, of the department of

 

corrections, if that individual has obtained a Michigan department

 

of corrections weapons permit.


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

 

licensed under this act.

 

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

 

court officer.

 

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

 

peace officer.

 

(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. 6. (1) A An issuing agency shall not issue a license

 

shall not be issued to an applicant under section 2 or 5b unless

 

both of the following apply:

 

(a) The issuing agency has determined through the federal

 

national instant criminal background check system (NICS) that the

 

applicant is not prohibited under federal law from possessing or


transporting a firearm.

 

(b) If the applicant is not a United States citizen, the

 

issuing agency has verified through the United States immigration

 

and customs enforcement Immigration and Customs Enforcement

 

databases that the applicant is not an illegal alien or a

 

nonimmigrant alien.

 

(2) A county clerk shall not issue a license to an applicant

 

under section 5b unless both of the following apply:

 

(a) The department of state police, or the county sheriff

 

under section 5a(4), has determined through the federal national

 

instant criminal background check system that the applicant is not

 

prohibited under federal law from possessing or transporting a

 

firearm.

 

(b) If the applicant is not a United States citizen, the

 

department of state police has verified through the United States

 

Immigration and Customs Enforcement databases that the applicant is

 

not an illegal alien or a nonimmigrant alien.

 

Sec. 8. (1) The county clerk in the county in which a license

 

was issued to an individual to carry a concealed pistol shall

 

suspend, revoke, or reinstate a license as required under this act

 

if ordered by a court or if the county clerk is notified by a law

 

enforcement agency, prosecuting official, or court of a change in

 

the licensee's eligibility to carry a concealed pistol under this

 

act.

 

(2) If a county clerk is notified by a law enforcement agency,

 

prosecuting official, or court that an individual licensed to carry

 

a concealed pistol is charged with a felony or charged with a


misdemeanor as defined in this act, listed in section 5b(7)(h) or

 

(i), the county clerk shall immediately suspend the individual's

 

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

 

offense. The county clerk shall send notice by first-class mail in

 

a sealed envelope of that suspension to the individual's last known

 

address as indicated in the records of the county clerk. The notice

 

shall must include the statutory reason for the suspension, the

 

source of the record supporting that suspension, the length of the

 

suspension, and whom to contact for reinstating the license on

 

expiration of the suspension, correcting errors in the record, or

 

appealing the suspension. If a county clerk suspended a license

 

under this subsection and the individual is acquitted of the charge

 

or the charge is dismissed, the individual shall notify the county

 

clerk who shall automatically reinstate the license if the license

 

is not expired and the individual is otherwise qualified to receive

 

a license to carry a concealed pistol, as verified by the

 

department of state police. A county clerk shall not charge a fee

 

for the reinstatement of a license under this subsection.

 

(3) The department of state police shall notify the county

 

clerk in the county in which a license was issued to an individual

 

to carry a concealed pistol if the department of state police

 

determines that there has been a change in the individual's

 

eligibility under this act to receive a license to carry a

 

concealed pistol. The county clerk shall suspend, revoke, or

 

reinstate the license as required under this act and immediately

 

send notice of the suspension, revocation, or reinstatement under

 

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


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

 

county clerk. The notice shall must include the statutory reason

 

for the suspension, revocation, or reinstatement, the source of the

 

record supporting the suspension, revocation, or reinstatement, the

 

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

 

correcting errors in the record, appealing the suspension or

 

revocation, and reapplying for that individual's license. The

 

department of state police shall immediately enter that suspension,

 

revocation, or reinstatement into the law enforcement information

 

network.

 

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

 

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

 

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

 

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

 

promptly surrender his or her license to the county clerk after

 

being notified that his or her license has been revoked or

 

suspended. An individual who fails to surrender a license as

 

required under this subsection after he or she was notified that

 

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

 

misdemeanor punishable by imprisonment for not more than 93 days or

 

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

 

(5) Except as otherwise provided in subsections (2) and (6),

 

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

 

surrendered by the licensee, upon expiration of the suspension

 

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

 

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

 

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


for his or her application at the time the application is

 

submitted. The receipt shall must contain all of the following:

 

(a) The name of the applicant.

 

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

 

(c) The amount paid.

 

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

 

identification card number.

 

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

 

applying for a renewal of a concealed pistol license following a

 

period of suspension or revocation. This receipt does not authorize

 

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

 

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

 

applicable.

 

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

 

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

 

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

 

licensee, upon expiration of the order and notification to the

 

county clerk, the county clerk shall automatically reinstate the

 

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

 

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

 

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

 

license under this subsection.

 

(7) If the court orders a county clerk to suspend, revoke, or

 

reinstate a license under this section or amends a suspension,

 

revocation, or reinstatement order, the county clerk shall

 

immediately notify the department of state police in a manner

 

prescribed by the department of state police. The department of


state police shall enter the order or amended order into the law

 

enforcement information network.

 

(8) 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.

 

(9) 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 must 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.

 

(10) 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.

 

Enacting section 1. Sections 232 and 421 of the Michigan penal

 

code, 1931 PA 328, MCL 750.232 and 750.421, are repealed.