HB-4643, As Passed Senate, March 16, 2006

 

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 4643

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1927 PA 372, entitled

 

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

possessing, and carrying of certain firearms and gas ejecting

devices; to prohibit the buying, selling, or carrying of certain

firearms and gas ejecting devices without a license or other

authorization; to provide for the forfeiture of firearms 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 section 5l (MCL 28.425l), as amended by 2005 PA 262.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

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

 

before July 1, 2003 is valid for 3 years and a license to carry a

 

concealed pistol issued on or after July 1, 2003 is valid for 5

 


years. A license that is renewed before the immediately preceding

 

license term expires, but not more than 1 year before the

 

immediately preceding license term expires, shall bear an issue

 

date that is identical to the expiration date of the preceding

 

license. A renewal of a license under section 5b shall, except as

 

provided in this section, be issued in the same manner as an

 

original license issued under section 5b.

 

     (2) 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. The receipt shall state the time and

 

date of application.

 

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

 

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

 

under subsection (2), 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 that confirms that

 

a background check has been requested by the applicant.

 

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

 

date of his or her license pursuant to an extension under

 

subsection (3) shall keep the receipt issued by the county clerk

 

and his or her expired license in his or her possession at all

 

times that he or she is carrying the pistol. For the purposes of

 

this act, the receipt is considered to be part of the license to

 


carry a concealed pistol until a renewal license is issued or

 

denied. Failing to have the receipt and expired license in

 

possession while carrying a concealed pistol or failing to display

 

the receipt to a peace officer upon request is a violation of this

 

act. A receipt issued under this subsection shall contain all of

 

the following:

 

     (a) The name of the licensee.

 

     (b) The date the receipt is issued.

 

     (c) The amount paid.

 

     (d) A statement that the receipt is for a license renewal.

 

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

 

     (f) An impression of the county seal.

 

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

 

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

 

retired law enforcement officer.

 

     (6)  (3)  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.

 

     Enacting section 1. This amendatory act takes effect July 1,

 

2006.