September 9, 2015, Introduced by Senators GREEN, MEEKHOF, COLBECK, CASPERSON, PROOS, KOWALL, JONES, BRANDENBURG, SHIRKEY, MARLEAU, PAVLOV, HORN, BOOHER and EMMONS 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, 5d, and 5o (MCL 28.425a, 28.425b,
28.425d, and 28.425o), sections 5a and 5d as amended by 2015 PA 3
and sections 5b and 5o as amended by 2015 PA 16.
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 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 or if the applicant requests the exemption
indorsement on his or her application form. 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 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 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 allow the applicant to designate
whether the applicant seeks an emergency license and whether he or
she seeks an exemption from the prohibition against carrying a
concealed pistol on the premises described in section 5o. The
application shall be signed under oath by the applicant. The oath
shall be administered by the county clerk or his or her
representative. Beginning December 1, 2015, not more than 1
application may be submitted under this subsection in any calendar
year. Beginning December 1, 2015, 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 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 completed application under this section
expires 1 year from the date of application. Beginning December 1,
2015, 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 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 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.
(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.
(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 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.
(j) A certificate stating that the applicant has completed the
training course prescribed by this act.
(2) The county clerk shall not require the applicant to submit
any additional forms, documents, letters, or other evidence of
eligibility for obtaining a license to carry a concealed pistol
except as set forth in subsection (1) or as otherwise provided for
in this act. The application form shall contain a conspicuous
warning that the application is executed under oath and that
intentionally making a material false statement on the application
is a felony punishable by imprisonment for not more than 4 years or
a fine of not more than $2,500.00, or both.
(3) An individual who intentionally makes a material false
statement on an application under subsection (1) is guilty of a
felony punishable by imprisonment for not more than 4 years or a
fine of not more than $2,500.00, or both.
(4) The 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 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 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 county treasurer shall deposit
$26.00 of each application and licensing fee collected under this
section in the concealed pistol licensing fund of that county
created in section 5x. The county treasurer shall forward the
balance remaining to the state treasurer. The state treasurer shall
deposit the balance of the fee in the general fund to the credit of
the department of state police. The department of state police
shall use the money received under this act to process the
fingerprints and to reimburse the Federal Bureau of Investigation
for the costs associated with processing fingerprints submitted
under this act. The balance of the money received under this act
shall be credited to the department of state police.
(6) 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 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 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 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 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 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 is considered a legal resident of this state if
any of the following apply:
(i) The person 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 is lawfully registered to vote in this state.
(iii) The person is on active duty status with the United
States armed forces and is stationed outside of this state, but the
person's home of record is in this state.
(iv) The person is on active duty status with the United
States armed forces and is permanently stationed in this state, but
the person's home of record is in another state.
(c) The applicant has knowledge and has had training in the
safe use and handling of a pistol by the successful completion of a
pistol safety training course or class that meets the requirements
of section 5j.
(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.
(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 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 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 entity providing fingerprinting services shall issue the
applicant a receipt at the time his or her fingerprints are taken.
Beginning December 1, 2015, 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
receipt under this subsection shall contain all of the following:
(a) The name of the applicant.
(b) The date and time the receipt is issued.
(c) The amount paid.
(d) The name of the entity providing the fingerprint services.
(e) The applicant's state-issued driver license or personal
identification card number.
(f) The statement "This receipt was issued for the purpose of
applying for a concealed pistol license. As provided in section 5b
of 1927 PA 372, MCL 28.425b, if a license or notice of statutory
disqualification is not issued within 45 days after the date this
receipt was issued, this receipt shall serve as a concealed pistol
license for the individual named in the receipt when carried with
an official state-issued driver license or personal identification
card. The receipt is valid as a license until a license or notice
of statutory disqualification is issued by the county clerk. This
receipt does not exempt the individual named in the receipt from
complying with all applicable laws for the purchase of firearms.".
(10) The fingerprints shall be taken, under subsection (9), in
a manner prescribed by the department of state police. The
fingerprints taken by a county clerk, county sheriff, local police
agency, or other entity shall be immediately forwarded to the
department of state police for comparison with fingerprints already
on file with the department of state police. The department of
state police shall immediately forward the fingerprints to the
Federal Bureau of Investigation. 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 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 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 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 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 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 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 or if the applicant requests the exemption
indorsement on his or her application form. 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 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 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 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 source of the
record for each statutory disqualification identified.
(iii) Beginning December 1, 2015, 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 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 a
license or notice of statutory disqualification is not issued under
subsection (13) within 45 days after the date the applicant has
classifiable fingerprints taken under subsection (9), the receipt
issued under subsection (9) shall serve as a concealed pistol
license for purposes of this act when carried with a state-issued
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
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 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 county clerk
shall notify the department of state police if a license is
suspended or revoked. Beginning December 1, 2015, 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) An individual who applies for and is granted an exemption
from section 5o at the time the individual applies for an original
or renewal license under this act is not required to pay any
additional fee. An individual who holds a valid license and who
applies for an exemption from section 5o at a time other than at
the time the individual applies for an original or renewal license
under this act may be required to pay a fee of not more than $20.00
for both receiving and processing the application for the exemption
and issuing a replacement license. The exemption shall appear as an
indorsement on the face of the license. The fee collected under
this subsection shall be deposited in the concealed pistol
licensing fund of the county created under section 5x.
(20) (19)
Beginning December 1, 2015, 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 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.
(21) (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.
(22) (21)
Beginning December 1, 2015, an
individual licensed
under this act to carry a concealed pistol may voluntarily
surrender that license without explanation. Beginning December 1,
2015, 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 an individual voluntarily surrenders
a license under this subsection, the county clerk shall notify the
department of state police. Beginning December 1, 2015, 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.
(23) (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.
(v) For an individual who is a motor carrier officer or
capitol security officer of the department of state police, his or
her employee identification.
(vi) For an individual who is a member of a sheriff's posse,
his or her identification.
(vii) For an individual who is an auxiliary officer or reserve
officer of a police or sheriff's department, his or her employee
identification.
(viii) For an individual who is a parole or probation officer
of the department of corrections, his or her employee
identification.
(ix) For a state court judge or state court retired judge, a
letter from the judicial tenure commission stating that the state
court judge or state court retired judge is in good standing.
(x) For an individual who is a court officer, his or her
employee identification.
(xi) 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.
(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. 5d. (1) If the county clerk issues a notice of statutory
disqualification, fails to provide a receipt that complies with
section 5b(1) or 5l(3), fails to provide an exemption from the
prohibitions set forth in section 5o, or fails to issue a license
to carry a concealed pistol as provided in this act, the department
of state police fails to provide a receipt that complies with
section 5l(3), or the county clerk, department of state police,
county sheriff, local police agency, or other entity fails to
provide a receipt that complies with section 5b(9), the applicant
may appeal the notice of statutory disqualification, the failure to
provide a receipt, the failure to provide an exemption, or the
failure to issue the license to the circuit court in the judicial
circuit in which he or she resides. The appeal of the notice of
statutory disqualification, failure to provide a receipt, failure
to provide an exemption, or failure to issue a license shall be
determined by a review of the record for error.
(2) If the court determines that the notice of statutory
disqualification, failure to provide a receipt that complies with
section 5b(1) or (9) or 5l(3), or failure to issue a license was
clearly erroneous or was arbitrary and capricious, the court shall
order the county clerk to issue a license or receipt as required by
this act. For applications submitted after November 30, 2015, if
the court determines that the notice of statutory disqualification,
failure to provide a receipt that complies with section 5b(1) or
(9) or 5l(3), failure to provide an exemption, or failure to issue
a license was clearly erroneous, the court may order an entity to
refund any filing fees the applicant incurred in filing the appeal,
according to the degree of responsibility of that entity.
(3) For applications submitted before December 1, 2015, if the
court determines that the decision of the concealed weapon
licensing board to deny issuance of a license to an applicant was
arbitrary and capricious, the court shall order this state to pay
1/3 and the county in which the concealed weapon licensing board is
located to pay 2/3 of the actual costs and actual attorney fees of
the applicant in appealing the denial. For applications submitted
on or after December 1, 2015, if the court under subsection (2)
determines that the notice of statutory disqualification, failure
to provide a receipt that complies with section 5b(1) or (9) or
5l(3), failure to provide an exemption, or failure to issue a
license to an applicant was arbitrary and capricious, the court
shall order the county clerk, the entity taking the fingerprints,
or the state to pay the actual costs and actual attorney fees of
the applicant in appealing the notice of statutory
disqualification, failure to provide a receipt that complies with
section 5b(1) or (9) or 5l(3), failure to provide an exemption, or
failure to issue a license, according to the degree of
responsibility of the county clerk, the entity taking the
fingerprints, or the state.
(4) If the court determines that an applicant's appeal was
frivolous, the court shall order the applicant to pay the actual
costs and actual attorney fees of the county clerk, entity taking
the fingerprints, or the state in responding to the appeal.
Sec. 5o. (1) Subject to subsection (5), an individual licensed
under this act to carry a concealed pistol, or who is exempt from
licensure under section 12a(1)(h), shall not carry a concealed
pistol on the premises of any of the following:
(a) A school or school property except that a parent or legal
guardian of a student of the school is not precluded from carrying
a concealed pistol while in a vehicle on school property, if he or
she is dropping the student off at the school or picking up the
student from the school. As used in this section, "school" and
"school property" mean those terms as defined in section 237a of
the Michigan penal code, 1931 PA 328, MCL 750.237a.
(b) A public or private child care center or day care center,
public or private child caring institution, or public or private
child placing agency.
(c) A sports arena or stadium.
(d) A bar or tavern licensed under the Michigan liquor control
code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, where the
primary source of income of the business is the sale of alcoholic
liquor by the glass and consumed on the premises. This subdivision
does not apply to an owner or employee of the business. The
Michigan liquor control commission shall develop and make available
to holders of licenses under the Michigan liquor control code of
1998, 1998 PA 58, MCL 436.1101 to 436.2303, an appropriate sign
stating that "This establishment prohibits patrons from carrying
concealed weapons". The owner or operator of an establishment
licensed under the Michigan liquor control code of 1998, 1998 PA
58, MCL 436.1101 to 436.2303, may, but is not required to, post the
sign developed under this subdivision.
(e) Any property or facility owned or operated by a church,
synagogue, mosque, temple, or other place of worship, unless the
presiding official or officials of the church, synagogue, mosque,
temple, or other place of worship permit the carrying of concealed
pistol on that property or facility.
(f) An entertainment facility with a seating capacity of 2,500
or more individuals that the individual knows or should know has a
seating capacity of 2,500 or more individuals or that has a sign
above each public entrance stating in letters not less than 1-inch
high a seating capacity of 2,500 or more individuals.
(g) A hospital.
(h) A dormitory or classroom of a community college, college,
or university.
(2) Subject to subsection (5), an individual shall not carry a
portable device that uses electro-muscular disruption technology on
any of the premises described in subsection (1).
(3) An individual licensed under this act to carry a concealed
pistol, or who is exempt from licensure under section 12a(1)(h),
shall not carry a concealed pistol in violation of R 432.1212 or a
successor rule of the Michigan administrative code promulgated
under the Michigan gaming control and revenue act, 1996 IL 1, MCL
432.201 to 432.226.
(4) As used in subsection (1), "premises" does not include
parking areas of the places identified under subsection (1).
(5) Subsections (1) and (2) do not apply to any of the
following:
(a) An individual licensed under this act who is a retired
police officer, 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.
(e) An individual who is licensed under this act and who is a
motor carrier officer or capitol security officer of the department
of state police.
(f) An individual who is licensed under this act and who is a
member of a sheriff's posse.
(g) An individual who is licensed under this act and who is an
auxiliary officer or reserve officer of a police or sheriff's
department.
(h) An individual who is licensed under this act and who is a
parole or probation officer of the department of corrections.
(i) A state court judge or state court retired judge who is
licensed under this act.
(j) An individual who is licensed under this act and who is a
court officer.
(k) An individual who applies for and is granted an exemption
from subsections (1) and (2) by the licensing authority. An
individual is eligible for an exemption from subsections (1) and
(2) only if the individual requests an exemption on his or her
license application.
(6) The county clerk shall, within 10 days after receiving an
application for an exemption under subsection (5)(k), issue the
exemption and send by first-class mail in a sealed envelope a
replacement license to the applicant with the exemption
indorsement.
(7) If the applicant is licensed under this act to carry a
concealed pistol at the time he or she is granted an exemption
under subsection (5)(k), the applicant shall surrender his or her
license to the licensing authority by mail or in person immediately
upon receiving his or her replacement license containing the
exemption indorsement.
(8) This section does not prohibit a private property owner
from prohibiting an individual from carrying a pistol, including a
pistol that is openly displayed or carried in violation of
subsection (9), on the premises of property described in subsection
(1) and enforcing that prohibition under section 552 of the
Michigan penal code, 1931 PA 328, MCL 750.552.
(9) An individual licensed under this act to carry a concealed
pistol, or who is exempt from licensure under section 12a(1)(h),
shall not intentionally display or openly carry a pistol on the
premises listed in subsection (1)(a) to (h) unless the individual
owns the premises described in subsection (1) or is employed or
contracted by the owner or other person with control over the
premises described in subsection (1), if the possession of the
firearm is to provide security services for the premises or is
otherwise in the scope of the individual's official duties, or the
individual is acting with the express written consent of the owner
of the premises or an agent of the owner of the premises.
(10) (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.