HOUSE BILL No. 4854

 

 

July 12, 2017, Introduced by Rep. LaFave and referred to the Committee on Judiciary.

 

     A bill to amend 1927 PA 372, entitled

 

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

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

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

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

electro-muscular disruption devices without a license or other

authorization; to provide for the forfeiture of firearms and

electro-muscular disruption devices under certain circumstances; to

provide for penalties and remedies; to provide immunity from civil

liability under certain circumstances; to prescribe the powers and

duties of certain state and local agencies; to prohibit certain

conduct against individuals who apply for or receive a license to

carry a concealed pistol; to make appropriations; to prescribe

certain conditions for the appropriations; and to repeal all acts

and parts of acts inconsistent with this act,"

 

by amending sections 5a, 5b, 5c, 5f, 5o, 12, 12a, and 15 (MCL

 

28.425a, 28.425b, 28.425c, 28.425f, 28.425o, 28.432, 28.432a, and

 

28.435), sections 5a, 5c, and 5f as amended by 2015 PA 3, section

 

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

 

section 12 as amended by 2010 PA 209, section 12a as amended by

 

2016 PA 301, and section 15 as added by 2000 PA 265.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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 if the individual has obtained a

 

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

 

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

 

600.2950a, or to an applicant if a county sheriff determines that

 

there is clear and convincing evidence to believe the safety of the

 

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

 

household is endangered by the applicant's inability to immediately

 

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

 

evidence includes, but is not limited to, an application for a

 

personal protection order, police reports and other law enforcement

 

records, or written, audio, or visual evidence of threats to the

 

applicant or member of the applicant's family or household. A

 

county clerk shall only issue an emergency license to carry a

 

concealed pistol to an applicant who has obtained a personal

 

protection order if the individual is eligible under section

 

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

 

license based on a criminal record check through the law

 

enforcement information network conducted by the department of

 

state police. The county sheriff shall only issue a determination

 

under this subsection to an individual who is eligible under

 

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

 

a license based on a criminal record check through the law


enforcement information network and only after the county sheriff

 

has taken the individual's fingerprints in compliance with section

 

5b(9). An emergency license shall must be on a form provided by the

 

department of state police. An applicant for an emergency license

 

shall, within 10 business days of applying for an emergency

 

license, complete a pistol training course under section 5j and

 

apply for a license under section 5b. A county sheriff who makes a

 

determination under this section, performs a criminal record check,

 

and takes the applicant's fingerprints may charge a fee not to

 

exceed $15.00. A county clerk may charge a fee not to exceed $10.00

 

for printing an emergency license. A county clerk shall deposit a

 

fee collected by the county clerk under this subsection in the

 

concealed pistol licensing fund of that county created in section

 

5x. An emergency license 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 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 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 under this section

 

expires 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.

 

     (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 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 state treasurer shall credit the

 

balance of the money received under this act shall 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 applicant is not the subject of an order or

 

disposition under any of the following:

 

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

 

330.1464a.

 

     (ii) Section 5107 of the estates and protected individuals

 

code, 1998 PA 386, MCL 700.5107.

 

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

 

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

 

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

 

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

 

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

 

procedure, 1927 PA 175, MCL 765.6b.

 

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

 

procedure, 1927 PA 175, MCL 769.16b.

 

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

 

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

 

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

 

code, 1931 PA 328, MCL 750.224f.

 

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

 

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

 

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


applies for a license described in this section.

 

     (g) The applicant has not been dishonorably discharged from

 

the United States armed forces.Armed Forces.

 

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

 

violation of any of the following in the 8 years immediately

 

preceding the date of application and a charge for a misdemeanor

 

violation of any of the following is not pending against the

 

applicant in this state or elsewhere at the time he or she applies

 

for a license described in this section:

 

     (i) Section 617a (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 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 applicant has not been found guilty but mentally ill


of any crime and has not offered a plea of not guilty of, or been

 

acquitted of, any crime by reason of insanity.

 

     (k) The applicant is not currently and has never been subject

 

to an order of involuntary commitment in an inpatient or outpatient

 

setting due to mental illness.

 

     (l) The applicant has filed a statement under subsection

 

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

 

illness that includes an assessment that the individual presents a

 

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

 

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

 

treatment for that illness.

 

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

 

incapacity in this state or elsewhere.

 

     (n) 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 county clerk, department

 

of state police, 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 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.

 

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

 

     (c) The amount paid.

 

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

 

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

 

identification card number.

 

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

 

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

 

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

 

disqualification is not issued within 45 days after the date this

 

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

 

license for the individual named in the receipt when carried with

 

an official state-issued driver license or personal identification

 

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

 

of statutory disqualification is issued by the county clerk. This

 

receipt does not exempt the individual named in the receipt from

 

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

 

     (10) The fingerprints shall 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 completing the verification under subsection (6),

 

the department shall send the county clerk a list of an applicant's

 

statutory disqualifications under this act. Until November 30,

 

2015, and except as provided in subsection (14), the concealed

 

weapon licensing board shall not issue a concealed pistol license

 

until it receives the fingerprint comparison report prescribed in

 

this subsection. 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 if

 

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

 

license.

 

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

 

based upon an application that contains a material false statement

 

is void from the date the license is issued.

 

     (13) 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 has

 

classifiable fingerprints taken under subsection (9). Beginning


December 1, 2015, the county clerk shall include an indication on

 

the license if an individual is exempt from the prohibitions

 

against carrying a concealed pistol on premises described in

 

section 5o if the applicant provides acceptable proof that he or

 

she qualifies for that exemption. Until November 30, 2015, if the

 

concealed weapon licensing board denies issuance of a license to

 

carry a concealed pistol, or beginning December 1, 2015, if 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 in writing of the reasons for the

 

denial or disqualification. Information under this subdivision

 

shall must 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 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


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 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 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 by first-class

 

mail.

 

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

 

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

 

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

 

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

 

or a negligent act.

 

     (21) Beginning December 1, 2015, an 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.

 

     (a) (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.

 

     (b) (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.

 

     (c) (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.

     (d) (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.

 

     (e) (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. 5c. (1) A license to carry a concealed pistol shall must

 

be in a form, with the same dimensions as a Michigan operator

 

license, prescribed by the department of state police, . Beginning

 

December 1, 2015, the license shall and be constructed of plastic

 

laminated paper or hard plastic. No additional fee shall be charged

 

for the license unless otherwise prescribed in this act. A county

 

clerk may charge a fee not to exceed $10.00 may be charged for an

 

optional hard plastic license only if the county clerk also

 

provides the option of obtaining a plastic laminated paper license

 

at no charge. A county clerk shall deposit a fee collected under

 

this subsection in the concealed pistol licensing fund of that

 

county created in section 5x. The license shall must contain all of

 

the following:

 

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

 

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

 

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

 

     (d) An indication of exceptions authorized by this act

 

applicable to the licensee.

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

 

identification card number.

 

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

 

prohibited under section 5o.

 

     (f) (g) The peace officer disclosure required under section

 

5f(3).

 

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

 

emergency license.

 

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

 

that the emergency license does not exempt the individual from

 

complying with all applicable laws for the purchase of firearms.

 

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

 

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

 

concealed pistol.

 

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

 

provided by law, a license to carry a concealed pistol issued by

 

the county clerk authorizes the licensee to do all of the

 

following:

 

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

 

anywhere in this state.on the premises listed in section 5o.

 

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

 

concealed, anywhere in this state.

 

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

 

taken of the applicant for a driver license or personal

 

identification card available to the department for use under this

 

act. The department shall provide the photograph of the applicant

 

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


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

 

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

 

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

 

with the secretary of state, the applicant shall provide a

 

passport-quality photograph of the applicant as provided under

 

section 5b(1).

 

     Sec. 5f. (1) An individual who is licensed to carry a

 

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

 

and his or her state-issued driver license or personal

 

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

 

is carrying a concealed pistol or a portable device that uses

 

electro-muscular disruption technology on the premises listed in

 

section 5o.

 

     (2) An individual who is licensed to carry a concealed pistol

 

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

 

uses electro-muscular disruption technology on the premises listed

 

in section 5o shall show both of the following to a peace officer

 

upon request by that peace officer:

 

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

 

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

 

identification card.

 

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

 

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

 

that uses electro-muscular disruption technology and who is stopped

 

by a peace officer shall immediately disclose to the peace officer

 

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

 

electro-muscular disruption technology concealed upon his or her


person or in his or her vehicle.

 

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

 

responsible for a state civil infraction and shall be fined

 

$100.00.

 

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

 

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

 

     (a) For a first offense, by a fine of $500.00 and by the

 

individual's license to carry a concealed pistol being suspended

 

for 6 months.

 

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

 

offense, by a fine of $1,000.00 and by the individual's license to

 

carry a concealed pistol being revoked.

 

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

 

infraction under subsection (5), the peace officer shall notify the

 

department of state police of that civil infraction. The department

 

of state police shall notify the county clerk who issued the

 

license, who shall suspend or revoke that license. The county clerk

 

shall send notice by first-class mail of that suspension or

 

revocation to the individual's last known address as indicated in

 

the records of the county clerk. The department of state police

 

shall immediately enter that suspension or revocation into the law

 

enforcement information network.

 

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

 

disruption technology carried in violation of this section is

 

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

 

seizes a pistol or portable device that uses electro-muscular

 

disruption technology under this subsection, the individual has 45


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

 

authorized employee of the law enforcement entity that employs the

 

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

 

documentation to an authorized employee of the law enforcement

 

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

 

authorized employee of that law enforcement entity shall return the

 

pistol or portable device that uses electro-muscular disruption

 

technology to the individual unless the individual is prohibited by

 

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

 

muscular disruption technology. If the individual does not display

 

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

 

pistol or portable device that uses electro-muscular disruption

 

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

 

pistol or portable device that uses electro-muscular disruption

 

technology is not subject to immediate seizure under this

 

subsection if both of the following circumstances exist:

 

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

 

or personal identification card in his or her possession when the

 

violation occurs.

 

     (b) The peace officer verifies through the law enforcement

 

information network that the individual is licensed to carry a

 

concealed pistol.

 

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

 

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

 

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

 

6c of 1935 PA 59, MCL 28.6c.

 

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


is not licensed under this act to carry a concealed pistol, or who

 

is not 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 An individual who is not

 

licensed under this act to carry a concealed pistol, or who is not

 

exempt from licensure under section 12a(h), 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

 

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.

 

     (5) (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. 12. (1) Section 2 does not apply to any of the following:

 

     (a) A police or correctional agency of the United States or of

 

this state or any subdivision of this state.

 

     (b) The United States army, air force, navy, Army, Air Force,

 

Navy, or marine corps.Marine Corps.

 

     (c) An organization authorized by law to purchase or receive

 

weapons from the United States or from this state.

 

     (d) The national guard, armed forces reserves, National Guard,

 

United States Armed Forces Reserves, or other duly authorized

 

military organization.

 

     (e) A member of an entity or organization described in

 

subdivisions (a) through (d) for a pistol while engaged in the

 

course of his or her duties with that entity or while going to or

 

returning from those duties.

 

     (f) A United States citizen holding a license to carry a

 

pistol concealed upon his or her person issued by another state.

 

     (g) The regular and ordinary possession and transportation of

 

a pistol as merchandise by an authorized agent of a person licensed

 

to manufacture firearms or a licensed dealer.

 

     (h) Purchasing, owning, carrying, possessing, using, or

 

transporting an antique firearm. As used in this subdivision,

 

"antique firearm" means that term as defined in section 231a 237a

 

of the Michigan penal code, 1931 PA 328, MCL 750.231a.750.237a.

 

     (i) An individual carrying, possessing, using, or transporting

 

a pistol belonging to another individual, if the other individual's

 

possession of the pistol is authorized by law and the individual


carrying, possessing, using, or transporting the pistol has

 

obtained a license under section 5b to carry a concealed pistol or

 

is exempt from licensure as provided in section 12a.

 

     (2) The amendatory act that added subsection (1)(h) shall be

 

known and may be cited as the "Janet Kukuk act".

 

     Sec. 12a. The requirements of this act for obtaining a license

 

to carry a concealed pistol on the premises listed in section 5o do

 

not apply to any of the following:

 

     (a) A peace officer of a duly authorized police agency of the

 

United States or of this state or a political subdivision of this

 

state, who is regularly employed and paid by the United States or

 

this state or a subdivision of this state, except a township

 

constable.

 

     (b) A constable who is trained and licensed or certified under

 

the Michigan commission on law enforcement standards act, 1965 PA

 

203, MCL 28.601 to 28.615, while engaged in his or her official

 

duties or going to or coming from his or her official duties, and

 

who is regularly employed and paid by a political subdivision of

 

this state.

 

     (c) An individual regularly employed by the department of

 

corrections and authorized in writing by the director of the

 

department of corrections to carry a concealed pistol during the

 

performance of his or her duties or while going to or returning

 

from his or her duties.

 

     (d) An individual regularly employed as a local corrections

 

officer by a county sheriff, who is trained in the use of force and

 

is authorized in writing by the county sheriff to carry a concealed


pistol during the performance of his or her duties.

 

     (e) An individual regularly employed in a city jail or lockup

 

who has custody of individuals detained or incarcerated in the jail

 

or lockup, is trained in the use of force, and is authorized in

 

writing by the chief of police or the county sheriff to carry a

 

concealed pistol during the performance of his or her duties.

 

     (f) A member of the United States Army, Air Force, Navy, or

 

Marine Corps while carrying a concealed pistol in the line of duty.

 

     (g) A member of the National Guard, armed forces reserves,

 

United States Armed Forces Reserves, or other duly authorized

 

military organization while on duty or drill or while going to or

 

returning from his or her place of assembly or practice or while

 

carrying a concealed pistol for purposes of that military

 

organization.

 

     (h) A resident of another state who is licensed by that state

 

to carry a concealed pistol.

 

     (i) The regular and ordinary transportation of a pistol as

 

merchandise by an authorized agent of a person licensed to

 

manufacture firearms.

 

     (j) An individual while carrying a pistol unloaded in a

 

wrapper or container in the trunk of his or her vehicle or, if the

 

vehicle does not have a trunk, from transporting that pistol

 

unloaded in a locked compartment or container that is separated

 

from the ammunition for that pistol from the place of purchase to

 

his or her home or place of business or to a place of repair or

 

back to his or her home or place of business, or in moving goods

 

from 1 place of abode or business to another place of abode or


business.

 

     (k) A peace officer or law enforcement officer from Canada.

 

     Sec. 15. (1) Except as provided in subsection (2), a federally

 

licensed firearms dealer shall not sell a firearm in this state

 

unless the sale includes 1 of the following:

 

     (a) A commercially available trigger lock or other device

 

designed to disable the firearm and prevent the discharge of the

 

firearm.

 

     (b) A commercially available gun case or storage container

 

that can be secured to prevent unauthorized access to the firearm.

 

     (2) This section does not apply to any of the following:

 

     (a) The sale of a firearm to a police officer or a police

 

agency.

 

     (b) The sale of a firearm to a person who presents to the

 

federally licensed firearms dealer 1 of the following:

 

     (i) A trigger lock or other device designed to disable the

 

firearm and prevent the discharge of the firearm together with a

 

copy of the purchase receipt for the federally licensed firearms

 

dealer to keep. A separate trigger lock or device and a separate

 

purchase receipt shall be is required for each firearm purchased.

 

     (ii) A gun case or storage container that can be secured to

 

prevent unauthorized access to the firearm together with a copy of

 

the purchase receipt for the federally licensed firearms dealer to

 

keep. A separate gun case or storage container and a separate

 

purchase receipt shall be is required for each firearm purchased.

 

     (c) The sale of an antique firearm. As used in this

 

subdivision, "antique firearm" means that term as defined in


section 231a 237a of the Michigan penal code, 1931 PA 328, MCL

 

750.231a.750.237a.

 

     (d) The sale or transfer of a firearm if the seller is not a

 

federally licensed firearms dealer.

 

     (3) A federally licensed firearms dealer shall not sell a

 

firearm in this state unless the firearm is accompanied with, free

 

of charge, a brochure or pamphlet that includes safety information

 

on the use and storage of the firearm in a home environment.

 

     (4) Upon the sale of a firearm, a federally licensed firearms

 

dealer shall sign a statement and require the purchaser to sign a

 

statement stating that the sale is in compliance with subsections

 

(1), (2), and (3).

 

     (5) A federally licensed firearms dealer shall retain a copy

 

of the signed statements prescribed in subsection (4) and, if

 

applicable, a copy of the receipt prescribed in subsection (2)(b),

 

for at least 6 years.

 

     (6) A federally licensed firearms dealer in this state shall

 

post in a conspicuous manner at the entrances, exits, and all

 

points of sale on the premises where firearms are sold a notice

 

that says the following: "You may be criminally and civilly liable

 

for any harm caused by a person less than 18 years of age who

 

lawfully gains unsupervised access to your firearm if unlawfully

 

stored.".

 

     (7) A federally licensed firearms dealer is not liable for

 

damages arising from the use or misuse of a firearm if the sale

 

complies with this section, any other applicable law of this state,

 

and applicable federal law.

     (8) This section does not create a civil action or liability

 

for damages arising from the use or misuse of a firearm or

 

ammunition for a person, other than a federally licensed firearms

 

dealer, who produces a firearm or ammunition.

 

     (9) Subject to subsections (10) to (12), a political

 

subdivision shall not bring a civil action against any person who

 

produces a firearm or ammunition. The authority to bring a civil

 

action under this section is reserved exclusively to the state and

 

can be brought only by the attorney general. The court shall award

 

costs and reasonable attorney fees to each defendant named in a

 

civil action filed in violation of this subsection.

 

     (10) Subject to subsection (11), subsection (9) does not

 

prohibit a civil action by a political subdivision based on 1 or

 

more of the following, which the court shall narrowly construe:

 

     (a) A breach of contract, other contract issue, or an action

 

based on a provision of the uniform commercial code, 1962 PA 174,

 

MCL 440.1101 to 440.11102, 440.9994, in which the political

 

subdivision is the purchaser and owner of the firearm or

 

ammunition.

 

     (b) Expressed or implied warranties arising from the purchase

 

of a firearm or ammunition by the political subdivision or the use

 

of a firearm or ammunition by an employee or agent of the political

 

subdivision.

 

     (c) A product liability, personal injury, or wrongful death

 

action when an employee or agent or property of the political

 

subdivision has been injured or damaged as a result of a defect in

 

the design or manufacture of the firearm or ammunition purchased


and owned by the political subdivision.

 

     (11) Subsection (10) does not allow an action based on any of

 

the following:

 

     (a) A firearm's or ammunition's inherent potential to cause

 

injury, damage, or death.

 

     (b) Failure to warn the purchaser, transferee, or user of the

 

firearm's or ammunition's inherent potential to cause injury,

 

damage, or death.

 

     (c) Failure to sell with or incorporate into the product a

 

device or mechanism to prevent a firearm or ammunition from being

 

discharged by an unauthorized person unless specifically provided

 

for by contract.

 

     (12) Subsections (9) through (11) do not create a civil

 

action.

 

     (13) Subsections (9) through (11) are intended only to clarify

 

the current status of the law in this state, are remedial in

 

nature, and, therefore, apply to a civil action pending on the

 

effective date of this act.June 29, 2000.

 

     (14) Beginning September 1, 2000, a person who violates this

 

section is guilty of a crime as follows:

 

     (a) Except as provided in subdivision (b) or (c), the person

 

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.

 

     (b) For a second conviction, the person is guilty of a

 

misdemeanor punishable by imprisonment for not more than 1 year or

 

a fine of not more than $1,000.00, or both.

 

     (c) For a third or subsequent conviction, the person is guilty


of a felony punishable by imprisonment for not more than 2 years or

 

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

 

     (15) As used in this section:

 

     (a) "Federally licensed firearms dealer" means a person

 

licensed under section 923 of title 18 of the United States Code,

 

18 U.S.C. USC 923.

 

     (b) "Firearm or ammunition" includes a component of a firearm

 

or ammunition.

 

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

 

association, or other legal entity.

 

     (d) "Political subdivision" means a county, city, village,

 

township, charter township, school district, community college, or

 

public university or college.

 

     (e) "Produce" means to manufacture, construct, design,

 

formulate, develop standards for, prepare, process, assemble,

 

inspect, test, list, certify, give a warning or instructions

 

regarding, market, sell, advertise, package, label, distribute, or

 

transfer.