SENATE BILL No. 442

 

 

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.