SB-0516, As Passed Senate, November 10, 2016
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 516
A bill to amend 1927 PA 372, entitled
"An act to regulate and license the selling, purchasing,
possessing, and carrying of certain firearms, gas ejecting devices,
and electro-muscular disruption devices; to prohibit the buying,
selling, or carrying of certain firearms, gas ejecting devices, and
electro-muscular disruption devices without a license or other
authorization; to provide for the forfeiture of firearms and
electro-muscular disruption devices under certain circumstances; to
provide for penalties and remedies; to provide immunity from civil
liability under certain circumstances; to prescribe the powers and
duties of certain state and local agencies; to prohibit certain
conduct against individuals who apply for or receive a license to
carry a concealed pistol; to make appropriations; to prescribe
certain conditions for the appropriations; and to repeal all acts
and parts of acts inconsistent with this act,"
by amending sections 1, 5b, 8, and 12a (MCL 28.421, 28.425b,
28.428, and 28.432a), section 1 as amended by 2015 PA 25, section
5b as amended by 2015 PA 16, section 8 as amended by 2015 PA 3, and
section 12a as amended by 2006 PA 559.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) As used in this act:
(a) "Corrections officer of the department of corrections"
means a state correctional officer as that term is defined in
section 2 of the correctional officers' training act of 1982, 1982
PA 415, MCL 791.502.
(b) (a)
"Felony" means, except as
otherwise provided in this
subdivision, that term as defined in section 1 of chapter I of the
code of criminal procedure, 1927 PA 175, MCL 761.1, or a violation
of a law of the United States or another state that is designated
as a felony or that is punishable by death or by imprisonment for
more than 1 year. Felony does not include a violation of a penal
law of this state that is expressly designated as a misdemeanor.
(c) (b)
"Firearm" means any
weapon which will, is designed to,
or may readily be converted to expel a projectile by action of an
explosive.
(d) (c)
"Firearms records" means
any form, information, or
record required for submission to a government agency under
sections 2, 2a, 2b, and 5b, or any form, permit, or license issued
by a government agency under this act.
(e) "Local corrections officer" means that term as defined in
section 2 of the local corrections officers training act, 2003 PA
125, MCL 791.532.
(f) (d)
"Misdemeanor" means a
violation of a penal law of this
state or violation of a local ordinance substantially corresponding
to a violation of a penal law of this state that is not a felony or
a violation of an order, rule, or regulation of a state agency that
is punishable by imprisonment or a fine that is not a civil fine,
or both.
(g) "Parole or probation officer of the department of
corrections" means any individual employed by the department of
corrections to supervise felony probationers or parolees or that
individual's immediate supervisor.
(h) (e)
"Peace officer" means,
except as otherwise provided in
this act, an individual who is employed as a law enforcement
officer, as that term is defined under section 2 of the commission
on law enforcement standards act, 1965 PA 203, MCL 28.602, by this
state or another state, a political subdivision of this state or
another state, or the United States, and who is required to carry a
firearm in the course of his or her duties as a law enforcement
officer.
(i) (f)
"Pistol" means a loaded
or unloaded firearm that is 26
inches or less in length, or a loaded or unloaded firearm that by
its construction and appearance conceals it as a firearm.
(j) (g)
"Purchaser" means a
person who receives a pistol from
another person by purchase or gift.
(k) (h)
"Reserve peace officer",
"auxiliary officer", or
"reserve officer" means, except as otherwise provided in this act,
an individual authorized on a voluntary or irregular basis by a
duly authorized police agency of this state or a political
subdivision of this state to act as a law enforcement officer, who
is responsible for the preservation of the peace, the prevention
and detection of crime, and the enforcement of the general criminal
laws of this state, and who is otherwise eligible to possess a
firearm under this act.
(l) "Retired corrections officer of the department of
corrections" means an individual who was a corrections officer of
the department of corrections and who retired in good standing from
his or her employment as a corrections officer of the department of
corrections.
(m) (i)
"Retired federal law
enforcement officer" means an
individual who was an officer or agent employed by a law
enforcement agency of the United States government whose primary
responsibility was enforcing laws of the United States, who was
required to carry a firearm in the course of his or her duties as a
law enforcement officer, and who retired in good standing from his
or her employment as a federal law enforcement officer.
(n) "Retired parole or probation officer of the department of
corrections" means an individual who was a parole or probation
officer of the department of corrections and who retired in good
standing from his or her employment as a parole or probation
officer of the department of corrections.
(o) (j)
"Retired police officer"
or "retired law enforcement
officer" means an individual who was a police officer or law
enforcement officer who was certified as described under section 9a
of the commission on law enforcement standards act, 1965 PA 203,
MCL 28.609a, and retired in good standing from his or her
employment as a police officer or law enforcement officer. A police
officer or law enforcement officer retired in good standing if he
or she receives a pension or other retirement benefit for his or
her service as a police officer or law enforcement officer or
actively maintained a Michigan commission on law enforcement
standards or equivalent state certification for 10 or more
consecutive years.
(p) (k)
"Seller" means a person
who sells or gives a pistol to
another person.
(q) (l) "State
court judge" means a judge of the district
court, circuit court, probate court, or court of appeals or justice
of the supreme court of this state who is serving either by
election or appointment.
(r) (m)
"State court retired
judge" means a judge or justice
described
in subdivision (l) (q) who
is retired, or a retired judge
of the recorders court.
(2) A person may lawfully own, possess, carry, or transport as
a pistol a firearm greater than 26 inches in length if all of the
following conditions apply:
(a) The person registered the firearm as a pistol under
section 2 or 2a before January 1, 2013.
(b) The person who registered the firearm as described in
subdivision (a) has maintained registration of the firearm since
January 1, 2013 without lapse.
(c) The person possesses a copy of the license or record
issued to him or her under section 2 or 2a.
(3) A person who satisfies all of the conditions listed under
subsection (2) nevertheless may elect to have the firearm not be
considered to be a pistol. A person who makes the election under
this subsection shall notify the department of state police of the
election in a manner prescribed by that department.
Sec. 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. 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. 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) 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.
(20) A county clerk, county sheriff, county prosecuting
attorney, police department, or the department of state police is
not liable for civil damages as a result of the issuance of a
license under this act to an individual who later commits a crime
or a negligent act.
(21) Beginning December 1, 2015, an 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.
(22) As used in this section:
(a) "Acceptable proof" means any of the following:
(i) For a retired police officer or retired law enforcement
officer, the officer's retired identification or a letter from a
law enforcement agency stating that the retired police officer or
law enforcement officer retired in good standing.
(ii) For an individual who is employed or contracted by an
entity described under section 5o(1) to provide security services,
a letter from that entity stating that the employee is required by
his or her employer or the terms of a contract to carry a concealed
firearm on the premises of the employing or contracting entity and
his or her employee identification.
(iii) For an individual who is licensed as a private
investigator or private detective under the professional
investigator licensure act, 1965 PA 285, MCL 338.821 to 338.851,
his or her license.
(iv) For an individual who is a corrections officer of a
county sheriff's department, his or her employee identification and
a letter stating that the individual has received county sheriff
approved weapons training.
(v) For an individual who is a retired corrections officer of
a county sheriff's department, a letter from the county sheriff's
office stating that the retired corrections officer retired in good
standing and that the individual has received county sheriff
approved weapons training.
(vi) (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.
(vii) (vi) For an
individual who is a member of a sheriff's
posse, his or her identification.
(viii) (vii) For an
individual who is an auxiliary officer or
reserve officer of a police or sheriff's department, his or her
employee identification.
(ix) (viii) For an
individual who is a parole, or probation,
or corrections officer, or absconder recovery unit member, of the
department of corrections, his or her employee identification and
proof that the individual obtained a Michigan department of
corrections weapons permit.
(x) For an individual who is a retired parole, probation, or
corrections officer, or retired absconder recovery unit member, of
the department of corrections, a letter from the department of
corrections stating that the retired parole, probation, or
corrections officer, or retired absconder recovery unit member,
retired in good standing and proof that the individual obtained a
Michigan department of corrections weapons permit.
(xi) (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.
(xii) (x) For an
individual who is a court officer, his or her
employee identification.
(xiii) (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. 8. (1) The county clerk in the county in which a license
was issued to an individual to carry a concealed pistol shall
suspend, revoke, or reinstate a license as required under this act
if ordered by a court or if the county clerk is notified of a
change in the licensee's eligibility to carry a concealed pistol
under this act.
(2)
Except as provided in subsections (3) or (4), a license
shall
not be suspended or revoked under this section except upon
written
complaint and an opportunity to request the county clerk to
conduct
a review of that suspension or revocation.
(2) (3)
If a county clerk is notified by a law enforcement
agency, prosecuting official, or court that an individual licensed
to carry a concealed pistol is charged with a felony or misdemeanor
as
defined in this act, the court county
clerk shall immediately
order
the county clerk in the county in which the license to carry
a
concealed pistol was issued to suspend
the individual's license
until there is a final disposition of the charge for that offense.
The
court shall notify the county clerk of each statutory provision
with
which the individual has been charged. The county clerk shall
send notice by first-class mail in a sealed envelope of that
suspension to the individual's last known address as indicated in
the records of the county clerk. The notice shall include the
statutory reason for the suspension, the source of the record
supporting that suspension, the length of the suspension, and whom
to contact for reinstating the license on expiration of the
suspension, correcting errors in the record, or appealing the
suspension.
The requirements of subsection (2) do not apply to this
subsection.
If a court ordered a license county clerk suspended a
license under this subsection and the individual is acquitted of
the
charge or the charge is dismissed, the court individual shall
notify the county clerk who shall automatically reinstate the
license if the license is not expired and the individual is
otherwise qualified to receive a license to carry a concealed
pistol, as verified by the department of state police. A county
clerk shall not charge a fee for the reinstatement of a license
under this subsection.
(3) (4)
The department of state police
shall notify the county
clerk in the county in which a license was issued to an individual
to carry a concealed pistol if the department of state police
determines that there has been a change in the individual's
eligibility under this act to receive a license to carry a
concealed pistol. The county clerk shall suspend, revoke, or
reinstate the license as required under this act and immediately
send notice of the suspension, revocation, or reinstatement under
this subsection by first-class mail in a sealed envelope to the
individual's last known address as indicated on the records of the
county clerk. The notice shall include the statutory reason for the
suspension, revocation, or reinstatement, the source of the record
supporting the suspension, revocation, or reinstatement, the length
of the suspension or revocation, and whom to contact for correcting
errors in the record, appealing the suspension or revocation, and
reapplying for that individual's license. The department of state
police shall immediately enter that suspension, revocation, or
reinstatement
into the law enforcement information network. The
requirements
of subsection (2) do not apply to this subsection.
(4) (5)
If a suspension is imposed under
this section, the
suspension shall be for a period stated in years, months, or days,
or until the final disposition of the charge, and shall state the
date the suspension will end, if applicable. The licensee shall
promptly surrender his or her license to the county clerk after
being notified that his or her license has been revoked or
suspended. An individual who fails to surrender a license as
required under this subsection after he or she was notified that
his or her license was suspended or revoked is guilty of a
misdemeanor punishable by imprisonment for not more than 93 days or
a fine of not more than $500.00, or both.
(5) (6)
Except as otherwise provided in
subsections (3) (2)
and
(7), (6), if a license is suspended under this section and
that
license was surrendered by the licensee, upon expiration of the
suspension period, the applicant may apply for a renewal license in
the same manner as provided under section 5l. The county clerk or
department of state police, as applicable, shall issue the
applicant a receipt for his or her application at the time the
application is submitted. The receipt shall contain all of the
following:
(a) The name of the applicant.
(b) The date and time the receipt is issued.
(c) The amount paid.
(d) The applicant's state-issued driver license or personal
identification card number.
(e) The statement, "This receipt was issued for the purpose of
applying for a renewal of a concealed pistol license following a
period of suspension or revocation. This receipt does not authorize
an individual to carry a concealed pistol in this state.".
(f) The name of the county in which the receipt is issued, if
applicable.
(g) An impression of the county seal, if applicable.
(6) (7)
If a license is suspended because
of an order under
section 5b(7)(d)(iii) and that license was surrendered by the
licensee, upon expiration of the order and notification to the
county clerk, the county clerk shall automatically reinstate the
license if the license is not expired and the department of state
police has completed the verification required under section 5b(6).
The county clerk shall not charge a fee for the reinstatement of a
license under this subsection.
(7) (8)
If the court orders a county clerk
to suspend, revoke,
or reinstate a license under this section or amends a suspension,
revocation, or reinstatement order, the county clerk shall
immediately notify the department of state police in a manner
prescribed by the department of state police. The department of
state police shall enter the order or amended order into the law
enforcement information network.
(8) (9)
A suspension or revocation order or
amended order
issued under this section is immediately effective. However, an
individual is not criminally liable for violating the order or
amended order unless he or she has received notice of the order or
amended order.
(9) (10)
If an individual is carrying a
pistol in violation of
a suspension or revocation order or amended order issued under this
section but has not previously received notice of the order or
amended order, the individual shall be informed of the order or
amended order and be given an opportunity to properly store the
pistol or otherwise comply with the order or amended order before
an arrest is made for carrying the pistol in violation of this act.
(10) (11)
If a law enforcement agency or
officer notifies an
individual of a suspension or revocation order or amended order
issued under this section who has not previously received notice of
the order or amended order, the law enforcement agency or officer
shall enter a statement into the law enforcement information
network that the individual has received notice of the order or
amended order under this section.
Sec.
12a. (1) The requirements of this act for obtaining a
license to carry a concealed pistol do not apply to any of the
following:
(a) A peace officer of a duly authorized police agency of the
United States or of this state or a political subdivision of this
state, who is regularly employed and paid by the United States or
this state or a subdivision of this state, except a township
constable.
(b) A constable who is trained and certified under the
commission on law enforcement standards act, 1965 PA 203, MCL
28.601 to 28.616, while engaged in his or her official duties or
going to or coming from his or her official duties, and who is
regularly employed and paid by a political subdivision of this
state.
(c)
A person An individual regularly employed by the
department of corrections and authorized in writing by the director
of the department of corrections to carry a concealed pistol during
the performance of his or her duties or while going to or returning
from his or her duties.
(d)
A person An individual regularly employed as a local
corrections officer by a county sheriff, who is trained in the use
of force and is authorized in writing by the county sheriff to
carry a concealed pistol during the performance of his or her
duties.
(e)
A person An individual regularly employed in a city jail
or
lockup who has custody of persons individuals detained or
incarcerated in the jail or lockup, is trained in the use of force,
and is authorized in writing by the chief of police or the county
sheriff to carry a concealed pistol during the performance of his
or her duties.
(f)
A member of the United States army, air force, navy, or
marine
corps Army, Air Force, Navy,
or Marine Corps while carrying
a concealed pistol in the line of duty.
(g)
A member of the national guard, National
Guard, armed
forces reserves, or other duly authorized military organization
while on duty or drill or while going to or returning from his or
her place of assembly or practice or while carrying a concealed
pistol for purposes of that military organization.
(h) A resident of another state who is licensed by that state
to carry a concealed pistol.
(i) The regular and ordinary transportation of a pistol as
merchandise by an authorized agent of a person licensed to
manufacture firearms.
(j)
A person An individual while carrying a pistol unloaded in
a wrapper or container in the trunk of his or her vehicle or, if
the vehicle does not have a trunk, from transporting that pistol
unloaded in a locked compartment or container that is separated
from the ammunition for that pistol from the place of purchase to
his or her home or place of business or to a place of repair or
back to his or her home or place of business, or in moving goods
from 1 place of abode or business to another place of abode or
business.
(k) A peace officer or law enforcement officer from Canada.
(2)
As used in this act, "local corrections officer" means
that
term as defined in section 2 of the local corrections officers
training
act, 2003 PA 125, MCL 791.532.
Enacting section 1. This amendatory act takes effect December
1, 2015.
Enacting section 2. This amendatory act does not take effect
unless House Bill No. 4159 of the 98th Legislature is enacted into
law.