December 10, 2003, Introduced by Senators McMANUS, KUIPERS, JELINEK, TOY, BARCIA, BIRKHOLZ, GOSCHKA and ALLEN 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 and gas ejecting
devices; to prohibit the buying, selling, or carrying of certain
firearms and gas ejecting devices without a license or other
authorization; to provide for the forfeiture of firearms under
certain circumstances; to provide for penalties and remedies; to
provide immunity from civil liability under certain
circumstances; to prescribe the powers and duties of certain
state and local agencies; to prohibit certain conduct against
individuals who apply for or receive a license to carry a
concealed pistol; to make appropriations; to prescribe certain
conditions for the appropriations; and to repeal all acts and
parts of acts inconsistent with this act,"
by amending sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5h, 5j, 5k,
5m, 5o, 5w, 6a, and 8 (MCL 28.424, 28.425, 28.425a, 28.425b,
28.425c, 28.425d, 28.425e, 28.425f, 28.425h, 28.425j, 28.425k,
28.425m, 28.425o, 28.425w, 28.426a, and 28.428), section 4 as
added by 1992 PA 219, sections 5, 5a, 5e, 5h, 5k, 5m, and 5w as
added and section 8 as amended by 2000 PA 381, section 5b as
amended by 2003 PA 31, sections 5c, 5d, 5f, 5j, and 5o as amended
by 2002 PA 719, and section 6a as amended by 1991 PA 34.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 4. (1) A person who is prohibited from possessing,
2 using, transporting, selling, purchasing, carrying, shipping,
3 receiving, or distributing a firearm under section 224f(2) of the
4 Michigan penal code, Act No. 328 of the Public Acts of
1931,
5 being section 750.224f
of the Michigan Compiled Laws 1931
PA
6 328, MCL 750.224f, may
apply to the concealed weapons licensing
7 board in the county in
which he or she resides secretary
of
8 state for restoration of those rights.
9 (2) Not more than 1 application may be submitted under
10 subsection (1) in any
calendar year. The concealed weapons
11 licensing board secretary of state may charge a fee of not
more
12 than $10.00 for the actual and necessary expenses of each
13 application.
14 (3) The concealed
weapons licensing board secretary of
15 state shall, by written
order, of the board, restore the rights
16 of a person to possess, use, transport, sell, purchase, carry,
17 ship, receive, or
distribute a firearm if the board secretary
18 of state determines, by clear and convincing evidence, that all
19 of the following circumstances exist:
20 (a) The person properly submitted an application for
21 restoration of those rights as provided under this section.
22 (b) The expiration of 5 years after all of the following
23 circumstances:
24 (i) The person has paid all fines imposed for the violation
25 resulting in the prohibition.
1 (ii) The person has served all terms of imprisonment imposed
2 for the violation resulting in the prohibition.
3 (iii) The person has successfully completed all conditions of
4 probation or parole imposed for the violation resulting in the
5 prohibition.
6 (c) The person's record and reputation are such that the
7 person is not likely to act in a manner dangerous to the safety
8 of other persons.
9 (4) If the concealed
weapons licensing board secretary of
10 state pursuant to subsection (3) refuses to restore a right under
11 this section, the person may petition the circuit court for
12 review of that decision.
13 Sec. 5. (1) County sheriffs, local police agencies, and
14 county clerks shall provide concealed pistol application kits
15 during normal business hours and free of charge to individuals
16 who wish to apply for licenses to carry concealed pistols. Each
17 kit shall only contain all of the following:
18 (a) A concealed pistol license application form provided by
19 the director of the department of state police.
20 (b) The fingerprint
cards required under section 5b(11)
21 5b.
22 (c) Written information regarding the procedures involved in
23 obtaining a license to carry a concealed pistol, including
24 information regarding the right to appeal the denial of a license
25 and the form required for that appeal.
26 (d) Written information identifying entities that offer the
27 training required under
section 5b(7)(c) 5b.
1 (2) A county sheriff, local police agency, or county clerk
2 shall not deny an individual the right to receive a concealed
3 pistol application kit under this section.
4 (3) An individual who is denied an application kit under this
5 section and obtains an
order of mandamus directing the concealed
6 weapon licensing board
secretary of state to provide
him or her
7 with the application kit shall be awarded his or her actual and
8 reasonable costs and attorney fees for obtaining the order.
9 (4) The department of state police shall provide the
10 application kits required under this section to county sheriffs,
11 local law enforcement agencies, and county clerks in sufficient
12 quantities to meet demand. The department of state police shall
13 not charge a fee for the kits.
14 Sec. 5a. (1)
Each county shall have a concealed weapon
15 licensing board. The
concealed weapon licensing board of each
16 county shall have the
following members:
17 (a) The county
prosecuting attorney or his or her designee.
18 However, if the county
prosecuting attorney decides that he or
19 she does not want to
be a member of the concealed weapon
20 licensing board, he or
she shall notify the county board of
21 commissioners in
writing that he or she does not want to be a
22 member of the
concealed weapon licensing board for the balance of
23 his or her term in
office. The county board of commissioners
24 shall then appoint a
replacement for the prosecuting attorney who
25 is a firearms
instructor who has the qualifications prescribed in
26 section 5j(1)(c). The
person who replaces the prosecuting
27 attorney shall serve
on the concealed weapon licensing board in
1 place of the
prosecuting attorney for the remaining term of the
2 county prosecuting
attorney unless removed for cause by the
3 county board of
commissioners. If a vacancy occurs on the
4 concealed weapon
licensing board of the person appointed pursuant
5 to this section during
the term of office of the county
6 prosecuting attorney,
the county board of commissioners shall
7 appoint a replacement
person who is a firearms instructor who has
8 the qualifications
prescribed in section 5j(1)(c).
9 (b) The county
sheriff or his or her designee.
10 (c) The director
of the department of state police or his or
11 her designee.
12 (2) If a
prosecuting attorney chooses not to be a member of
13 the concealed weapon
licensing board, all of the following
14 apply:
15 (a) The
prosecuting attorney shall be notified of all
16 applications received
by the concealed weapon licensing board.
17 (b) The
prosecuting attorney shall be given an opportunity to
18 object to granting a
license to carry a concealed pistol and
19 present evidence
bearing directly on an applicant's suitability
20 to carry a concealed
pistol safely.
21 (c) The
prosecuting attorney shall disclose to the concealed
22 weapon licensing board
any information of which he or she has
23 actual knowledge that
bears directly on an applicant's
24 suitability to carry a
concealed pistol safely.
25 (3) The county
prosecuting attorney or his or her designee
26 shall serve as
chairperson of the board unless the prosecuting
27 attorney does not want
to be a member of the concealed weapon
1 licensing board, in which
case the concealed weapon licensing
2 board shall elect its
chairperson. Two members of the concealed
3 weapon licensing board
constitute a quorum of the concealed
4 weapon licensing
board. The business of the concealed weapon
5 licensing board shall
be conducted by a majority vote of all of
6 the members of the
concealed weapon licensing board.
7 (4) The county
clerk shall serve as the clerk of the
8 concealed weapon
licensing board.
9 (1) (5)
Except as otherwise provided in this act, the
10 concealed weapon
licensing board The secretary of
state has
11 exclusive authority to issue, deny, revoke, or suspend a license
12 to carry a concealed
pistol. The concealed weapon licensing
13 board secretary of state shall perform other duties concerning
14 concealed pistols as provided by law.
15 (6) The concealed
weapon licensing board may convene not
16 more than 3 panels to
assist the board in evaluating applicants.
17 The panels shall be
composed of representatives as prescribed in
18 subsection (1). The
panels do not have the authority to issue,
19 deny, revoke, or
suspend a license.
20 (2) (7) The
concealed weapon licensing board secretary of
21 state may investigate the
an applicant for a license to carry a
22 concealed pistol. The investigation shall be restricted to
23 determining only whether the applicant is eligible under this act
24 to receive a license to carry a concealed pistol, and the
25 investigation regarding the issuance of a license shall end after
26 that determination is
made. The concealed weapon licensing
27 board secretary of state may require the applicant
to appear
1 before the board secretary
of state at a mutually agreed-upon
2 time for a conference. The applicant's failure or refusal to
3 appear without valid
reason before the concealed weapon
4 licensing board as
provided in this subsection secretary
of
5 state is grounds for the board
secretary of state to deny
6 issuance of a license to carry a concealed pistol to that
7 applicant.
8 (3) (8) If
the concealed weapon licensing board secretary
9 of state determines there is probable cause to believe the safety
10 of the applicant or the safety of a member of the applicant's
11 family is endangered by the applicant's inability to immediately
12 obtain a license to carry
a concealed pistol, the concealed
13 weapon licensing board
secretary of state may,
pending issuance
14 of a license, issue a temporary license to the individual to
15 carry a concealed pistol. A temporary license shall be on a form
16 provided by the department of state police. A temporary license
17 shall be unrestricted and shall be valid for not more than 180
18 days. A temporary license may be renewed for 1 additional period
19 of not more than 180 days. A temporary license is, for all other
20 purposes of this act, a license to carry a concealed pistol.
21 (9) The
legislative service bureau shall compile the
22 firearms laws of this
state, including laws that apply to
23 carrying a concealed
pistol, and shall provide copies of the
24 compilation to each
concealed weapon licensing board in this
25 state for distribution
under this subsection. A concealed weapon
26 licensing board shall
distribute a copy of the compilation to
27 each individual who
applies for a license to carry a concealed
1 pistol at the time the
application is submitted. The concealed
2 weapon licensing board
shall require the applicant to sign a
3 written statement
acknowledging that he or she has received a
4 copy of the
compilation. An individual is not eligible to
5 receive a license to
carry a concealed pistol until he or she has
6 signed the statement.
7 Sec. 5b. (1) To obtain a license to carry a concealed
8 pistol, an individual
shall apply to the concealed weapon
9 licensing board in the
county in which that individual resides
10 secretary of state. The
application shall be filed with the
11 county clerk during the county clerk's normal business
hours.
12 The application shall be
on a form provided by the director of
13 the department of
state police secretary of state
and shall
14 allow the applicant to designate
whether indicate that the
15 applicant seeks a temporary license. The application shall be
16 signed under oath by the applicant. The oath shall be
17 administered by the county
clerk secretary of state or his or
18 her representative. The application shall contain all of the
19 following: information:
20 (a) The applicant's legal name and date of birth and the
21 address of his or her primary residence. If the applicant
22 resides in a city, village, or township that has a police
23 department, the name of the police department.
24 (b) A statement by the applicant that the applicant meets the
25 criteria for a license under this act to carry a concealed
26 pistol.
27 (c) A statement by
the applicant authorizing the concealed
1 weapon licensing board
secretary of state to access
any record,
2 including any medical record, pertaining to the applicant's
3 qualifications for a license to carry a concealed pistol under
4 this act. The applicant may request that information received by
5 the concealed weapon
licensing board secretary of state under
6 this subdivision be reviewed in a closed session. If the
7 applicant requests that
the session be closed, the concealed
8 weapon licensing board
secretary of state shall
close the
9 session only for purposes of this subdivision. The applicant and
10 his or her representative have the right to be present in the
11 closed session. Medical records and personal identifying
12 information received by
the concealed weapon licensing board
13 secretary of state under this subdivision is confidential, is not
14 subject to disclosure under the freedom of information act, 1976
15 PA 442, MCL 15.231 to 15.246, and shall not be disclosed to any
16 person except for purposes of this act or for law enforcement
17 purposes or if the applicant is convicted of a felony involving a
18 pistol.
19 (d) A statement by the applicant regarding whether he or she
20 has a history of mental illness that would disqualify him or her
21 under subsection (7)(j) to (l) from receiving a license to carry
22 a concealed pistol, and
authorizing the concealed weapon
23 licensing board secretary of state to access the mental health
24 records of the applicant relating to his or her mental health
25 history. The applicant may request that information received by
26 the concealed weapon
licensing board secretary of state under
27 this subdivision be reviewed in a closed session. If the
1 applicant requests that the
session be closed, the concealed
2 weapon licensing board
secretary of state shall
close the
3 session only for purposes of this subdivision. The applicant and
4 his or her representative have the right to be present in the
5 closed session. Medical records and personal identifying
6 information received by
the concealed weapon licensing board
7 secretary of state under this subdivision is confidential, is not
8 subject to disclosure under the freedom of information act, 1976
9 PA 442, MCL 15.231 to 15.246, and shall not be disclosed to any
10 person except for purposes of this act or for law enforcement
11 purposes.
12 (e) A statement by the applicant regarding whether he or she
13 has ever been convicted in this state or elsewhere for any felony
14 or misdemeanor.
15 (f) A statement by the applicant whether he or she has been
16 dishonorably discharged from the United States armed forces.
17 (g) If the applicant seeks a temporary license, the facts
18 supporting the issuance of that temporary license.
19 (h) The names, residential addresses, and telephone numbers
20 of 2 individuals who are references for the applicant.
21 (i) A passport-quality photograph of the applicant provided
22 by the applicant at the time of application.
23 (j) A certificate stating that the applicant has completed
24 the training course prescribed by this act.
25 (2) The application form shall contain a conspicuous warning
26 that the application is executed under oath and that
27 intentionally making a material false statement on the
1 application is a felony punishable by imprisonment for not more
2 than 4 years or a fine of not more than $2,500.00, or both.
3 (3) An individual who intentionally makes a material false
4 statement on an application under subsection (1) is guilty of a
5 felony punishable by imprisonment for not more than 4 years or a
6 fine of not more than $2,500.00, or both.
7 (4) The concealed
weapon licensing board secretary of state
8 shall retain a copy of each application for a license to carry a
9 concealed pistol as an official record. One year after the
10 expiration of a concealed
pistol license, the county clerk
11 secretary of state may destroy the record and maintain only a
12 name index of the record.
13 (5) Each applicant shall pay a fee of $105.00 by any method
14 of payment accepted by that
county the secretary of state for
15 payments of other fees and penalties. Except for a local police
16 agency as provided in subsection (9), a unit of local government,
17 an agency of a unit of local government, or an agency or
18 department of this state shall not charge an additional fee,
19 assessment, or other amount in connection with a license under
20 this section. The
fee shall be payable to the county. The
21 county treasurer shall
deposit $41.00 of each fee collected under
22 this section in the
general fund of the county and credit $26.00
23 of that deposit to the
credit of the county clerk and $15.00 of
24 that deposit to the
credit of the county sheriff and forward the
25 balance to the state
treasurer. The money collected
under this
26 section shall be deposited in the state treasury. The state
27 treasurer shall deposit
the balance of the fee in the general
1 fund to the credit of the department of state police. The
2 department of state police shall use the money received under
3 this act to process the fingerprints and to reimburse the federal
4 bureau of investigation for the costs associated with processing
5 fingerprints submitted under this act. The balance of the money
6 received under this act shall be credited to the department of
7 state police.
8 (6) The county
sheriff on behalf of the concealed weapon
9 licensing board department of state police shall verify the
10 requirements of subsection (7)(d), (e), (f), (h), (i), (j), (k),
11 (l), and (m) through the law enforcement information network and
12 report his or her the
finding to the concealed weapon
13 licensing board secretary of state. If the applicant resides
in
14 a city, village, or township that has a police department, the
15 concealed weapon
licensing board secretary of
state shall
16 contact that city, village, or township police department to
17 determine only whether that city, village, or township police
18 department has any information relevant to the investigation of
19 whether the applicant is eligible under this act to receive a
20 license to carry a concealed pistol.
21 (7) The concealed
weapon licensing board secretary of state
22 shall issue a license to an applicant to carry a concealed pistol
23 within the period required under this act after the applicant
24 properly submits an application under subsection (1) and the
25 concealed weapon
licensing board secretary of
state determines
26 that all of the following circumstances exist:
27 (a) The applicant is 21 years of age or older.
1 (b) The applicant is a citizen of the United States or is a
2 resident legal alien as defined in section 11 of title 18 of the
3 United States Code, is a resident of this state, and has resided
4 in this state for at
least 6 months. The concealed weapon
5 licensing board secretary of state may waive the 6-month
6 residency requirement for a temporary license under section
7 5a(8) 5a(3) if the concealed weapon licensing
board secretary
8 of state determines there is probable cause to believe the safety
9 of the applicant or the safety of a member of the applicant's
10 family is endangered by the applicant's inability to immediately
11 obtain a license to carry a concealed pistol.
12 (c) The applicant has knowledge and has had training in the
13 safe use and handling of a pistol by the successful completion of
14 a pistol safety training course or class that meets the
15 requirements of section 5j, and that is available to the general
16 public and presented by a law enforcement agency, junior or
17 community college, college, or public or private institution or
18 organization or firearms training school.
19 (d) The applicant is not the subject of an order or
20 disposition under any of the following:
21 (i) Section 464a of the mental health code, 1974 PA 258,
22 MCL 330.1464a.
23 (ii) Section 5107 of the estates and protected individuals
24 code, 1998 PA 386, MCL 700.5107.
25 (iii) Sections 2950 and 2950a of the revised judicature act
26 of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a.
27 (iv) Section 6b of chapter V of the code of criminal
1 procedure, 1927 PA 175, MCL 765.6b, if the order has a condition
2 imposed pursuant to section 6b(3) of chapter V of the code of
3 criminal procedure, 1927 PA 175, MCL 765.6b.
4 (v) Section 16b of chapter IX of the code of criminal
5 procedure, 1927 PA 175, MCL 769.16b.
6 (e) The applicant is not prohibited from possessing, using,
7 transporting, selling, purchasing, carrying, shipping, receiving,
8 or distributing a firearm under section 224f of the Michigan
9 penal code, 1931 PA 328, MCL 750.224f.
10 (f) The applicant has never been convicted of a felony in
11 this state or elsewhere, and a felony charge against the
12 applicant is not pending in this state or elsewhere at the time
13 he or she applies for a license described in this section.
14 (g) The applicant has not been dishonorably discharged from
15 the United States armed forces.
16 (h) The applicant has not been convicted of a misdemeanor
17 violation of any of the following in the 8 years immediately
18 preceding the date of application:
19 (i) Section 617a of the Michigan vehicle code, 1949 PA 300,
20 MCL 257.617a (failing to stop when involved in a personal injury
21 accident).
22 (ii) Section 625 of the Michigan vehicle code, 1949 PA 300,
23 MCL 257.625, punishable
as provided in subsection (8)(b) of
24 that section 625(9)(b) of the Michigan
vehicle code, 1949 PA
25 300, MCL 257.625 (drunk driving, second offense).
26 (iii) Section 625m of the Michigan vehicle code, 1949 PA 300,
27 MCL 257.625m,
punishable under subsection (4) of that section
1 625m(4) of the Michigan vehicle code, 1949 PA 300, MCL 257.625m
2 (drunk driving, commercial vehicle).
3 (iv) Section 626 of the Michigan vehicle code, 1949 PA 300,
4 MCL 257.626 (reckless driving).
5 (v) Section 904(1) of the Michigan vehicle code, 1949 PA 300,
6 MCL 257.904 (driving while license suspended or revoked),
7 punishable as a second or subsequent offense.
8 (vi) Section 185 of the aeronautics code of the state of
9 Michigan, 1945 PA 327, MCL 259.185 (operating aircraft with
10 alcohol with prior conviction).
11 (vii) Section 29 of the weights and measures act, 1964
12 PA 283, MCL 290.629 (assaulting, hindering, or obstructing
13 weights and measures enforcement officer).
14 (viii) Section 10 of the motor fuels quality act, 1984 PA 44,
15 MCL 290.650 (hindering, obstructing, assaulting, or committing
16 bodily injury upon director or authorized representative).
17 (ix) Section 81134 of the natural resources and environmental
18 protection act, 1994 PA 451, MCL 324.81134, punishable under
19 subsection (5) or (6)
of that section 81134(5) or (6)
of the
20 natural resources and environmental protection act, 1994 PA 451,
21 MCL 324.81134 (operating ORV under the influence, second or
22 subsequent offense).
23 (x) Section 82127 of the natural resources and environmental
24 protection act, 1994 PA 451, MCL 324.82127 (operating a
25 snowmobile under the influence with prior conviction), punishable
26 under section 82128(1)(b) or (c) of the natural resources and
27 environmental protection act, 1994 PA 451, MCL 324.82128.
1 (xi) Section 80176 of the natural resources and environmental
2 protection act, 1994 PA
451, MCL 324.80176, and punishable
3 under section 80177(1)(b) of the natural resources and
4 environmental protection act, 1994 PA 451, MCL 324.80177
5 (operating vessel under the influence, second or subsequent
6 offense).
7 (xii) Section 7403 of the public health code, 1978 PA 368,
8 MCL 333.7403.
9 (xiii) Section 353 of the railroad code of 1993, 1993 PA 354,
10 MCL 462.353 (operating locomotive under the influence),
11 punishable under subsection
(4) of that section 353(4) of the
12 railroad code of 1993, 1993 PA 354, MCL 462.353.
13 (xiv) Section 7 of 1978 PA 33, MCL 722.677 (displaying
14 sexually explicit materials to minors).
15 (xv) Section 81 of the Michigan penal code, 1931 PA 328,
16 MCL 750.81 (assault or domestic assault).
17 (xvi) Section 81a(1) or (2) of the Michigan penal code, 1931
18 PA 328, MCL 750.81a (aggravated assault or aggravated domestic
19 assault).
20 (xvii) Section 115 of the Michigan penal code, 1931 PA 328,
21 MCL 750.115 (entering without breaking).
22 (xviii) Section 136b(6) of the Michigan penal code, 1931
23 PA 328, MCL 750.136b (fourth degree child abuse).
24 (xix) Section 145a of the Michigan penal code, 1931 PA 328,
25 MCL 750.145a (accosting, enticing, or soliciting a child for
26 immoral purposes).
27 (xx) Section 145n of the Michigan penal code, 1931 PA 328,
1 MCL 750.145n (vulnerable adult abuse).
2 (xxi) Section 157b(3)(b) of the Michigan penal code, 1931
3 PA 328, MCL 750.157b (solicitation to commit a felony).
4 (xxii) Section 215 215(2) of the Michigan penal
code, 1931
5 PA 328, MCL 750.215 (impersonating sheriff, conservation officer,
6 coroner, constable, or police officer).
7 (xxiii) Section 223 of the Michigan penal code, 1931 PA 328,
8 MCL 750.223 (illegal sale of a firearm or ammunition).
9 (xxiv) Section 224d of the Michigan penal code, 1931 PA 328,
10 MCL 750.224d (illegal sale of a self-defense spray).
11 (xxv) Section 226a of the Michigan penal code, 1931 PA 328,
12 MCL 750.226a (sale or possession of a switchblade).
13 (xxvi) Section 227c of the Michigan penal code, 1931 PA 328,
14 MCL 750.227c (improper transportation of a firearm).
15 (xxvii) Section 228 of the Michigan penal code, 1931 PA 328,
16 MCL 750.228 (failure to have a pistol inspected).
17 (xxviii) Section 229 of the Michigan penal code, 1931 PA 328,
18 MCL 750.229 (accepting a pistol in pawn).
19 (xxix) Section 232 of the Michigan penal code, 1931 PA 328,
20 MCL 750.232 (failure to register the purchase of a firearm or a
21 firearm component).
22 (xxx) Section 232a of the Michigan penal code, 1931 PA 328,
23 MCL 750.232a (improperly obtaining a pistol, making a false
24 statement on an application to purchase a pistol, or using false
25 identification to purchase a pistol).
26 (xxxi) Section 233 of the Michigan penal code, 1931 PA 328,
27 MCL 750.233 (intentionally aiming a firearm without malice).
1 (xxxii) Section 234 of the Michigan penal code, 1931 PA 328,
2 MCL 750.234 (intentionally discharging a firearm aimed without
3 malice).
4 (xxxiii) Section 234d of the Michigan penal code, 1931
5 PA 328, MCL 750.234d (possessing a firearm on prohibited
6 premises).
7 (xxxiv) Section 234e of the Michigan penal code, 1931 PA 328,
8 MCL 750.234e (brandishing a firearm in public).
9 (xxxv) Section 234f of the Michigan penal code, 1931 PA 328,
10 MCL 750.234f (possession of a firearm by an individual less than
11 18 years of age).
12 (xxxvi) Section 235 of the Michigan penal code, 1931 PA 328,
13 MCL 750.235 (intentionally discharging a firearm aimed without
14 malice causing injury).
15 (xxxvii) Section 235a of the Michigan penal code, 1931
16 PA 328, MCL 750.235a (parent of a minor who possessed a firearm
17 in a weapon free school zone).
18 (xxxviii) Section 236 of the Michigan penal code, 1931
19 PA 328, MCL 750.236 (setting a spring gun or other device).
20 (xxxix) Section 237 of the Michigan penal code, 1931 PA 328,
21 MCL 750.237 (possessing a firearm while under the influence of
22 intoxicating liquor or a drug).
23 (xl) Section 237a of the Michigan penal code, 1931 PA 328,
24 MCL 750.237a (weapon free school zone violation).
25 (xli) Section 335a of the Michigan penal code, 1931 PA 328,
26 MCL 750.335a (indecent exposure).
27 (xlii) Section 411h of the Michigan penal code, 1931 PA 328,
1 MCL 750.411h (stalking).
2 (xliii) Section 1 of 1952 PA 45, MCL 752.861 (reckless,
3 careless, or negligent use of a firearm resulting in injury or
4 death).
5 (xliv) Section 2 of 1952 PA 45, MCL 752.862 (careless,
6 reckless, or negligent use of a firearm resulting in property
7 damage).
8 (xlv) Section 3a of 1952 PA 45, MCL 752.863a (reckless
9 discharge of a firearm).
10 (xlvi) A violation of a law of the United States, another
11 state, or a local unit of government of this state or another
12 state substantially corresponding to a violation described in
13 subparagraphs (i) to (xlv).
14 (i) The applicant has not been convicted of a misdemeanor
15 violation of any of the following in the 3 years immediately
16 preceding the date of application unless the misdemeanor
17 violation is listed under subdivision (h):
18 (i) Section 625 of the Michigan vehicle code, 1949 PA 300,
19 MCL 257.625 (operating under the influence).
20 (ii) Section 625a of the Michigan vehicle code, 1949 PA 300,
21 MCL 257.625a (refusal of commercial vehicle driver to submit to a
22 chemical test).
23 (iii) Section 625k of the Michigan vehicle code, 1949 PA 300,
24 MCL 257.625k (negligently
fails to comply (failing to comply
25 with ignition interlock device manufacturing requirement).
26 (iv) Section 625l of the Michigan vehicle code, 1949 PA 300,
27 MCL 257.625l (circumventing an ignition interlocking device).
1 (v) Section 625m of the Michigan vehicle code, 1949 PA 300,
2 MCL 257.625m, punishable
under subsection (3) of that section
3 625m(3) of the Michigan vehicle code, 1949 PA 300, MCL 257.625m
4 (operating a commercial vehicle with alcohol content).
5 (vi) Section 185 of the aeronautics code of the state of
6 Michigan, 1945 PA 327, MCL 259.185 (operating aircraft under the
7 influence).
8 (vii) Section 81134 of the natural resources and
9 environmental protection act, 1994 PA 451, MCL 324.81134
10 (operating ORV under the influence).
11 (viii) Section 81135 of the natural resources and
12 environmental protection act, 1994 PA 451, MCL 324.81135
13 (operating ORV having
consumed controlled substance while
14 visibly impaired).
15 (ix) Section 82127 of the natural resources and environmental
16 protection act, 1994 PA 451, MCL 324.82127 (operating a
17 snowmobile under the influence or while visibly impaired).
18 (x) Part 74 of the public health code, 1978 PA 368, MCL
19 333.7401 to 333.7461 (controlled substances).
20 (xi) Section 353 of the railroad code of 1993, 1993 PA 354,
21 MCL 462.353 (operating locomotive under the influence),
22 punishable under subsection
(3) of that section 353(3) of the
23 railroad code of 1993, 1993 PA 354, MCL 462.353.
24 (xii) Section 167 of the Michigan penal code, 1931 PA 328,
25 MCL 750.167 (disorderly person).
26 (xiii) Section 174 of the Michigan penal code, 1931 PA 328,
27 MCL 750.174 (embezzlement).
1 (xiv) Section 218 of the Michigan penal code, 1931 PA 328,
2 MCL 750.218 (false pretenses).
3 (xv) Section 356 of the Michigan penal code, 1931 PA 328, MCL
4 750.356 (larceny).
5 (xvi) Section 356d of the Michigan penal code, 1931 PA 328,
6 MCL 750.356d (retail fraud).
7 (xvii) Section 359 of the Michigan penal code, 1931 PA 328,
8 MCL 750.359 (larceny-vacant building).
9 (xviii) Section 362 of the Michigan penal code, 1931 PA 328,
10 MCL 750.362 (larceny by conversion).
11 (xix) Section 362a of the Michigan penal code, 1931 PA 328,
12 MCL 750.362a (defrauding lessor).
13 (xx) Section 377a of the Michigan penal code, 1931 PA 328,
14 MCL 750.377a (malicious destruction of property).
15 (xxi) Section 380 of the Michigan penal code, 1931 PA 328,
16 MCL 750.380 (malicious destruction of real property).
17 (xxii) Section 479a of the Michigan penal code, 1931 PA 328,
18 MCL 750.479a (failure to obey police direction).
19 (xxiii) Section 535 of the Michigan penal code, 1931 PA 328,
20 MCL 750.535 (receiving stolen property).
21 (xxiv) Section 540e of the Michigan penal code, 1931 PA 328,
22 MCL 750.540e (malicious
use of telephones telecommunications
23 service).
24 (xxv) A violation of a law of the United States, another
25 state, or a local unit of government of this state or another
26 state substantially corresponding to a violation described in
27 subparagraphs (i) to (xxiv).
1 (j) The applicant has not been found guilty but mentally ill
2 of any crime and has not offered a plea of not guilty of, or been
3 acquitted of, any crime by reason of insanity.
4 (k) The applicant has never been subject to an order of
5 involuntary commitment in an inpatient or outpatient setting due
6 to mental illness.
7 (l) The applicant does not have a diagnosed mental illness at
8 the time the application is made regardless of whether he or she
9 is receiving treatment for that illness.
10 (m) The applicant is not under a court order of legal
11 incapacity in this state or elsewhere.
12 (n) Issuing a license to the applicant to carry a concealed
13 pistol in this state is not detrimental to the safety of the
14 applicant or to any other individual. A determination under this
15 subdivision shall be based on clear and convincing evidence of
16 repeated violations of this act, crimes, personal protection
17 orders or injunctions, or police reports or other clear and
18 convincing evidence of the actions of, or statements of, the
19 applicant that bear directly on the applicant's ability to carry
20 a concealed pistol.
21 (8) Upon entry of a court order or conviction of 1 of the
22 enumerated prohibitions for using, transporting, selling,
23 purchasing, carrying, shipping, receiving or distributing a
24 firearm in this section the department of state police shall
25 immediately enter the order or conviction into the law
26 enforcement information network. For purposes of this act,
27 information of the court order or conviction shall not be removed
1 from the law enforcement information network, but may be moved to
2 a separate file intended
for the use of by the county
3 concealed weapon
licensing boards secretary of
state, the
4 courts, and other government entities as necessary and
5 exclusively to determine eligibility to be licensed under this
6 act.
7 (9) An individual, after submitting an application and paying
8 the fee prescribed under subsection (5), shall request and have
9 classifiable fingerprints taken by the county sheriff or a local
10 police agency if that local police agency maintains
11 fingerprinting capability. If the individual requests that
12 classifiable fingerprints be taken by a local police agency, the
13 individual shall also pay to that local police agency a fee of
14 $15.00 by any method of payment accepted by the unit of local
15 government for payments of other fees and penalties. The county
16 sheriff or local police agency shall take the fingerprints within
17 5 business days after the request.
18 (10) The fingerprints shall be taken, under subsection (9),
19 on forms and in a manner prescribed by the department of state
20 police. The fingerprints shall be immediately forwarded to the
21 department of state police for comparison with fingerprints
22 already on file with the department of state police. The
23 department of state police shall forward the fingerprints to the
24 federal bureau of investigation. Within 10 days after receiving
25 a report of the fingerprints from the federal bureau of
26 investigation, the department of state police shall provide a
27 copy to the submitting sheriff's department or local police
1 agency as appropriate and
the clerk of the appropriate concealed
2 weapon licensing board
secretary of state. Except
as provided
3 in subsection (14), the concealed
weapon licensing board
4 secretary of state shall not issue a concealed pistol license
5 until it receives the fingerprint comparison report prescribed in
6 this subsection. The concealed
weapon licensing board
7 secretary of state may deny a license if an individual's
8 fingerprints are not classifiable by the federal bureau of
9 investigation.
10 (11) The concealed
weapon licensing board secretary of
11 state shall deny a license to an applicant to carry a concealed
12 pistol if the applicant is not qualified under subsection (7) to
13 receive that license.
14 (12) A license to carry a concealed pistol that is issued
15 based upon an application that contains a material false
16 statement is void from the date the license is issued.
17 (13) Subject to
subsections (10) and (14), the concealed
18 weapon licensing board
secretary of state shall
issue or deny
19 issuance of a license
within 45 days after the concealed weapon
20 licensing board secretary of state receives the fingerprint
21 comparison report provided under subsection (10). If the
22 concealed weapon
licensing board secretary of
state denies
23 issuance of a license to
carry a concealed pistol, the concealed
24 weapon licensing board
secretary of state shall
within 5
25 business days do both of the following:
26 (a) Inform the applicant in writing of the reasons for the
27 denial. Information under this subdivision shall include all of
1 the following:
2 (i) A statement of the specific and articulable facts
3 supporting the denial.
4 (ii) Copies of any writings, photographs, records, or other
5 documentary evidence upon which the denial is based.
6 (b) Inform the applicant in writing of his or her right to
7 appeal the denial to the circuit court as provided in section
8 5d.
9 (14) If the fingerprint comparison report is not received by
10 the concealed weapon
licensing board secretary of state within
11 60 days after the fingerprint report is forwarded to the
12 department of state police by the federal bureau of
13 investigation, the concealed
weapon licensing board secretary
14 of state shall issue a temporary license to carry a concealed
15 pistol to the applicant if the applicant is otherwise qualified
16 for a license. A temporary license issued under this section is
17 valid for 180 days or
until the concealed weapon licensing
18 board secretary of state receives the fingerprint
comparison
19 report provided under subsection (10) and issues or denies
20 issuance of a license to carry a concealed pistol as otherwise
21 provided under this act. Upon issuance or the denial of issuance
22 of the license to carry a concealed pistol to an applicant who
23 received a temporary license under this section, the applicant
24 shall immediately surrender the temporary license to the
25 concealed weapon
licensing board that issued that temporary
26 license secretary of state.
27 (15) If an individual licensed under this act to carry a
1 concealed pistol moves to a different county within this state,
2 his or her license remains valid until it expires or is otherwise
3 suspended or revoked under this act. A license to carry a
4 concealed pistol that is lost, stolen, or defaced may be replaced
5 by the issuing county
clerk secretary of state for a
6 replacement fee of $10.00.
7 (16) If a
concealed weapons licensing board the secretary
8 of state suspends or revokes a license issued under this act, the
9 license is forfeited and shall be immediately returned to the
10 concealed weapons
licensing board forthwith secretary
of
11 state.
12 (17) As used in this section:
13 (a) "Convicted" means a final conviction, the payment of a
14 fine, a plea of guilty or nolo contendere if accepted by the
15 court, or a finding of guilt for a criminal law violation or a
16 juvenile adjudication or disposition by the juvenile division of
17 probate court or family division of circuit court for a violation
18 that if committed by an adult would be a crime.
19 (b) "Felony" means that term as defined in section 1 of
20 chapter I of the code of criminal procedure, 1927 PA 175,
21 MCL 761.1, or a violation of a law of the United States or
22 another state that is designated as a felony or that is
23 punishable by death or by imprisonment for more than 1 year.
24 (c) "Mental illness" means a substantial disorder of thought
25 or mood that significantly impairs judgment, behavior, capacity
26 to recognize reality, or ability to cope with the ordinary
27 demands of life, and includes, but is not limited to, clinical
1 depression.
2 (d) "Misdemeanor" means a violation of a penal law of this
3 state or violation of a local ordinance substantially
4 corresponding to a violation of a penal law of this state that is
5 not a felony or a violation of an order, rule, or regulation of a
6 state agency that is punishable by imprisonment or a fine that is
7 not a civil fine, or both.
8 (e) "Treatment" means care or any therapeutic service,
9 including, but not limited to, the administration of a drug, and
10 any other service for the treatment of a mental illness.
11 Sec. 5c. (1) A license to carry a concealed pistol shall be
12 in a form, with the same dimensions as a Michigan operator
13 license, prescribed by the department of state police. The
14 license shall contain all of the following:
15 (a) The licensee's full name and date of birth.
16 (b) A photograph and a physical description of the licensee.
17 (c) A statement of the effective dates of the license.
18 (d) An indication of exceptions authorized by this act
19 applicable to the licensee.
20 (e) An indication whether the license is a duplicate.
21 (2) Subject to section 5o and except as otherwise provided by
22 law, a license to carry a
concealed pistol issued by the county
23 concealed weapon
licensing board secretary of
state authorizes
24 the licensee to do all of the following:
25 (a) Carry a pistol concealed on or about his or her person
26 anywhere in this state.
27 (b) Carry a pistol in a vehicle, whether concealed or not
1 concealed, anywhere in this state.
2 Sec. 5d. (1) If the concealed
weapon licensing board
3 secretary of state denies issuance of a license to carry a
4 concealed pistol, or fails to issue that license as provided in
5 this act, the applicant may appeal the denial or the failure to
6 issue the license to the circuit court in the judicial circuit in
7 which he or she resides. The appeal of the denial or failure to
8 issue a license shall be determined by a review of the record for
9 error, except that if the
decision of the concealed weapon
10 licensing board secretary of state was based upon grounds
11 specified in section 5b(7)(n) that portion of the appeal shall be
12 by hearing de novo. Witnesses in the hearing shall be sworn. A
13 jury shall not be provided in a hearing under this section.
14 (2) If the court determines that the denial or failure to
15 issue a license was clearly erroneous, the court shall order the
16 concealed weapon
licensing board secretary of
state to issue a
17 license as required by this act.
18 (3) If the court determines that the decision of the
19 concealed weapon licensing
board secretary of state to
deny
20 issuance of a license to an applicant was arbitrary and
21 capricious, the court
shall order this state to pay 1/3 and the
22 county in which the
concealed weapon licensing board is located
23 to pay 2/3 of the actual costs and actual attorney fees of the
24 applicant in appealing the denial.
25 (4) If the court determines that an applicant's appeal was
26 frivolous, the court shall order the applicant to pay the actual
27 costs and actual attorney
fees of the concealed weapon licensing
1 board secretary of state in responding to the
appeal.
2 Sec. 5e. (1) The department
of state police secretary of
3 state shall create and maintain a computerized database of
4 individuals who apply under this act for a license to carry a
5 concealed pistol. The database shall contain only the following
6 information as to each individual:
7 (a) The individual's name, date of birth, address, and county
8 of residence.
9 (b) If the individual is licensed to carry a concealed pistol
10 in this state, the license number and date of expiration.
11 (c) Except as provided in subsection (2), if the individual
12 was denied a license to carry a concealed pistol after the
13 effective date of the amendatory act that added this subdivision,
14 a statement of the reasons for that denial.
15 (d) A statement of all criminal charges pending and criminal
16 convictions obtained against the individual during the license
17 period.
18 (e) A statement of all determinations of responsibility for
19 civil infractions of this act pending or obtained against the
20 individual during the license period.
21 (2) If an individual who was denied a license to carry a
22 concealed pistol after the
effective date of the amendatory act
23 that added this
subsection July 1, 2001 is subsequently
issued a
24 license to carry a concealed pistol, the department of state
25 police shall delete from
the computerized database the previous
26 reasons for the previous denial.
27 (3) The department of state police shall enter the
1 information described in subsection (1)(a) and (b) into the law
2 enforcement information network.
3 (4) Information in the database, compiled under
4 subsections (1) through (3), is confidential, is not subject to
5 disclosure under the freedom of information act, 1976 PA 442,
6 MCL 15.231 to 15.246, and shall not be disclosed to any person
7 except for purposes of this act or for law enforcement purposes.
8 The information compiled under subsection (5) is subject to
9 disclosure under the freedom of information act, 1976 PA 442,
10 MCL 15.231 to 15.246.
11 (5) The department
of state police secretary of state shall
12 file an annual report with the secretary of the senate and the
13 clerk of the house of representatives setting forth all of the
14 following information for
each county: concealed weapon
15 licensing board:
16 (a) The number of concealed pistol applications received.
17 (b) The number of concealed pistol licenses issued.
18 (c) The number of concealed pistol licenses denied.
19 (d) Categories for denial under subdivision (c).
20 (e) The number of concealed pistol licenses revoked.
21 (f) Categories for revocation under subdivision (e).
22 (g) The number of applications pending at the time the report
23 is made.
24 (h) The mean and median amount of time and the longest and
25 shortest amount of time used by the federal bureau of
26 investigation to supply the fingerprint comparison report
27 required in section 5b(11)
5b(10). The department secretary
1 of state may use a statistically significant sample to comply
2 with this subdivision.
3 (i) The number of charges of state civil infractions of this
4 act or charges of criminal violations, categorized by offense,
5 filed against individuals licensed to carry a concealed pistol
6 that resulted in a finding of responsibility or a criminal
7 conviction. The report shall indicate the number of crimes in
8 each category of criminal offense that involved the brandishing
9 or use of a pistol, the number that involved the carrying of a
10 pistol by the license holder during the commission of the crime,
11 and the number in which no pistol was carried by the license
12 holder during the commission of the crime.
13 (j) The number of pending criminal charges, categorized by
14 offense, against individuals licensed to carry a concealed
15 pistol.
16 (k) The number of criminal cases dismissed, categorized by
17 offense, against individuals licensed to carry a concealed
18 pistol.
19 (l) The number of cases filed against individuals licensed to
20 carry a concealed pistol for criminal violations that resulted in
21 a finding of not responsible or not guilty, categorized by
22 offense.
23 (m) For the purposes of subdivisions (i), (j), (k), and (l),
24 the department of
state police secretary of state shall use the
25 data provided under section 5m.
26 (n) The number of suicides by individuals licensed to carry a
27 concealed pistol.
1 (o) Actual costs
incurred per permit for each county.
2 Sec. 5f. (1) An individual who is licensed under this act
3 to carry a concealed pistol shall have his or her license to
4 carry that pistol in his or her possession at all times he or she
5 is carrying a concealed pistol.
6 (2) An individual who is licensed under this act to carry a
7 concealed pistol and who is carrying a concealed pistol shall
8 show both of the following to a peace officer upon request by
9 that peace officer:
10 (a) His or her license to carry a concealed pistol.
11 (b) His or her driver license or Michigan personal
12 identification card.
13 (3) An individual licensed under this act to carry a
14 concealed pistol and who is carrying a concealed pistol and who
15 is stopped by a peace officer shall immediately disclose to the
16 peace officer that he or she is carrying a pistol concealed upon
17 his or her person or in his or her vehicle.
18 (4) An individual who violates subsection (1) or (2) is
19 responsible for a state civil infraction and may be fined not
20 more than $100.00.
21 (5) An individual who violates subsection (3) is responsible
22 for a state civil infraction and may be fined as follows:
23 (a) For a first offense, by a fine of not more than $500.00
24 or by the individual's license to carry a concealed pistol being
25 suspended for 6 months, or both.
26 (b) For a subsequent offense within 3 years of a prior
27 offense, by a fine of not more than $1,000.00 and by the
1 individual's license to carry a concealed pistol being revoked.
2 (6) If an individual is found responsible for a state civil
3 infraction under this section, the court shall notify the
4 department of state
police and the concealed weapon licensing
5 board that issued the
license secretary of state of
that
6 determination.
7 (7) A pistol carried in violation of this section is subject
8 to immediate seizure by a peace officer. If a peace officer
9 seizes a pistol under this subsection, the individual has 45 days
10 in which to display his or her license or documentation to an
11 authorized employee of the law enforcement entity that employs
12 the peace officer. If the individual displays his or her license
13 or documentation to an authorized employee of the law enforcement
14 entity that employs the peace officer within the 45-day period,
15 the authorized employee of that law enforcement entity shall
16 return the pistol to the individual unless the individual is
17 prohibited by law from possessing a firearm. If the individual
18 does not display his or her license or documentation within the
19 45-day period, the pistol is subject to forfeiture as provided in
20 section 5g. A pistol is not subject to immediate seizure under
21 this subsection if both of the following circumstances exist:
22 (a) The individual has his or her driver license or Michigan
23 personal identification card in his or her possession when the
24 violation occurs.
25 (b) The peace officer verifies through the law enforcement
26 information network that the individual is licensed under this
27 act to carry a concealed pistol.
1 Sec. 5h. (1) An individual who is licensed to carry a
2 concealed pistol on the
effective date of the amendatory act
3 that added this
section January 1, 2005 may
carry a concealed
4 pistol under that license until the license expires or the
5 individual's authority to carry a concealed pistol under that
6 license is otherwise terminated, whichever occurs first.
7 (2) An individual who is licensed under this act to carry a
8 concealed pistol on the
effective date of the amendatory act
9 that added this
section January 1, 2005 may
apply for a renewal
10 license upon the expiration of that license as provided in
11 section 5l.
12 Sec. 5j. (1) A pistol training or safety program described
13 in section 5b(7)(c) meets the requirements for knowledge or
14 training in the safe use and handling of a pistol only if the
15 program consists of 8 hours of instruction and all of the
16 following conditions are met:
17 (a) The program is certified by this state or a national or
18 state firearms training organization and provides 5 hours of
19 instruction in, but is not limited to providing instruction in,
20 all of the following:
21 (i) The safe storage, use, and handling of a pistol
22 including, but not limited to, safe storage, use, and handling to
23 protect child safety.
24 (ii) Ammunition knowledge, and the fundamentals of pistol
25 shooting.
26 (iii) Pistol shooting positions.
27 (iv) Firearms and the law, including civil liability issues
1 and the use of deadly force. This portion shall be taught by an
2 attorney or an individual trained in the use of deadly force.
3 (v) Avoiding criminal attack and controlling a violent
4 confrontation.
5 (vi) All laws that apply to carrying a concealed pistol in
6 this state.
7 (b) The program provides at least 3 hours of instruction on a
8 firing range and requires firing at least 30 rounds of
9 ammunition.
10 (c) The program provides a certificate of completion that
11 states the program complies with the requirements of this section
12 and that the individual successfully completed the course, and
13 that is signed by the course instructor.
14 (d) The instructor of the course is certified by this state
15 or a national organization to teach the 8-hour pistol safety
16 training course described in this section.
17 (2) A person shall not do either of the following:
18 (a) Grant a certificate of completion described under
19 subsection (1)(c) to an individual knowing the individual did not
20 satisfactorily complete the course.
21 (b) Present a certificate of completion described under
22 subsection (1)(c) to a
concealed weapon licensing board the
23 secretary of state knowing that the individual did not
24 satisfactorily complete the course.
25 (3) A person who violates subsection (2) is guilty of a
26 felony punishable by imprisonment for not more than 4 years or a
27 fine of not more than $2,500.00, or both.
1 Sec. 5k. (1) Acceptance of a license issued under this act
2 to carry a concealed pistol constitutes implied consent to submit
3 to a chemical analysis under this section. This section also
4 applies to individuals
listed in section 12a(a) to (f) 12a(a),
5 (b), (c), (d), (e), (f), and (i).
6 (2) An individual shall not carry a concealed pistol while he
7 or she is under the influence of alcoholic liquor or a controlled
8 substance or while having a bodily alcohol content prohibited
9 under this section. A person who violates this section is
10 responsible for a state civil infraction or guilty of a crime as
11 follows:
12 (a) If the person was under the influence of alcoholic liquor
13 or a controlled substance or a combination of alcoholic liquor
14 and a controlled substance, or had a bodily alcohol content of
15 .10 or more grams per 100 milliliters of blood, per 210 liters of
16 breath, or per 67 milliliters of urine, the individual is guilty
17 of a misdemeanor punishable by imprisonment for not more than 93
18 days or $100.00, or
both. The court shall order the concealed
19 weapon licensing board
that issued the individual a license to
20 carry a concealed
pistol secretary of state to
permanently
21 revoke the license. The concealed
weapon licensing board
22 secretary of state shall permanently revoke the license as
23 ordered by the court.
24 (b) If the person had a bodily alcohol content of .08 or more
25 but less than .10 grams per 100 milliliters of blood, per 210
26 liters of breath, or per 67 milliliters of urine, the individual
27 is guilty of a misdemeanor punishable by imprisonment for not
1 more than 93 days or $100.00, or both. The court may order the
2 concealed weapon
licensing board that issued the individual a
3 license to carry a
concealed pistol secretary of
state to revoke
4 the license for not more
than 3 years. The concealed weapon
5 licensing board secretary of state shall revoke the license as
6 ordered by the court.
7 (c) If the person had a bodily alcohol content of .02 or more
8 but less than .08 grams per 100 milliliters of blood, per 210
9 liters of breath, or per 67 milliliters of urine, the individual
10 is responsible for a state civil infraction and may be fined not
11 more than $100.00. The
court may order the concealed weapon
12 licensing board that
issued the individual the license secretary
13 of state to revoke the
license for 1 year. The concealed weapon
14 licensing board secretary of state shall revoke the license as
15 ordered by the court.
The court shall notify the concealed
16 weapon licensing board
that issued the individual a license to
17 carry a concealed
pistol secretary of state if
an individual is
18 found responsible for a subsequent violation of this
19 subdivision.
20 (3) This section does not prohibit an individual licensed
21 under this act to carry a concealed pistol who has any bodily
22 alcohol content from transporting that pistol in the locked trunk
23 of his or her motor vehicle or another motor vehicle in which he
24 or she is a passenger or, if the vehicle does not have a trunk,
25 from transporting that pistol unloaded in a locked compartment or
26 container that is separated from the ammunition for that pistol
27 or on a vessel if the pistol is transported unloaded in a locked
1 compartment or container that is separated from the ammunition
2 for that pistol.
3 (4) A peace officer who has probable cause to believe an
4 individual is carrying a concealed pistol in violation of this
5 section may require the individual to submit to a chemical
6 analysis of his or her breath, blood, or urine.
7 (5) Before an individual is required to submit to a chemical
8 analysis under subsection (4), the peace officer shall inform the
9 individual of all of the following:
10 (a) The individual may refuse to submit to the chemical
11 analysis, but if he or she chooses to do so, all of the following
12 apply:
13 (i) The officer may obtain a court order requiring the
14 individual to submit to a chemical analysis.
15 (ii) The refusal may result in his or her license to carry a
16 concealed pistol being suspended or revoked.
17 (b) If the individual submits to the chemical analysis, he or
18 she may obtain a chemical analysis described in subsection (4)
19 from a person of his or her own choosing.
20 (6) The collection and testing of breath, blood, and urine
21 specimens under this section shall be conducted in the same
22 manner that breath, blood, and urine specimens are collected and
23 tested for alcohol- and controlled-substance-related driving
24 violations under the Michigan vehicle code, 1949 PA 300,
25 MCL 257.1 to 257.923.
26 (7) If a person refuses to take a chemical test authorized
27 under this section, the peace officer shall promptly report the
1 refusal in writing to the
concealed weapon licensing board that
2 issued the license to
the individual to carry a concealed pistol
3 secretary of state.
4 (8) If a person takes a chemical test authorized under this
5 section and the test results indicate that the individual had any
6 bodily alcohol content while carrying a concealed pistol, the
7 peace officer shall promptly report the violation in writing to
8 the concealed weapon
licensing board that issued the license to
9 the individual to
carry a concealed pistol secretary
of state.
10 (9) As used in this section:
11 (a) "Alcoholic liquor" means that term as defined in section
12 105 of the Michigan liquor control code of 1998, 1998 PA 58,
13 MCL 436.1105.
14 (b) "Controlled substance" means that term as defined in
15 section 7104 of the public health code, 1978 PA 368,
16 MCL 333.7401.
17 Sec. 5m. A prosecuting attorney shall promptly notify the
18 county concealed
weapon licensing board that issued the license
19 secretary of state of a criminal charge against a license holder
20 for a felony or specified criminal offense as defined in this
21 act. The prosecuting
attorney shall promptly notify the county
22 concealed weapon
licensing board that issued the license
23 secretary of state of the disposition of the criminal charge. If
24 a license holder is convicted of a crime, the prosecuting
25 attorney's notification shall indicate if the crime involved the
26 brandishing or use of a pistol, if a pistol was carried by the
27 license holder during the
commission of the crime, or if no a
1 pistol was not carried by the license holder during the
2 commission of the crime.
The state police secretary of state
3 shall provide a form for
reporting purposes. Each year by a
4 date determined by the
director of the department of state
5 police, the
chairperson of the county concealed weapon licensing
6 board shall compile
and provide a report to the department of
7 state police in a
format determined by the director of the
8 department of state
police containing the information provided to
9 the concealed weapon
licensing board under this section, section
10 5f(6), or section
5k(7) or (8).
11 Sec. 5o. (1) Subject to subsection (4), an individual
12 licensed under this act to carry a concealed pistol, or who is
13 exempt from licensure under section 12a(f), shall not carry a
14 concealed pistol on the premises of any of the following:
15 (a) A school or school property except that a parent or legal
16 guardian of a student of the school is not precluded from
17 carrying a concealed pistol while in a vehicle on school
18 property, if he or she is dropping the student off at the school
19 or picking up the child from the school. As used in this
20 section, "school" and "school property" mean those terms as
21 defined in section 237a of the Michigan penal code, 1931 PA 328,
22 MCL 750.237a.
23 (b) A public or private child care center or day care center,
24 public or private child caring institution, or public or private
25 child placing agency.
26 (c) A sports arena or stadium.
27 (d) A bar or tavern licensed under the Michigan liquor
1 control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, where
2 the primary source of income of the business is the sale of
3 alcoholic liquor by the glass and consumed on the premises. This
4 subdivision shall does
not apply to an owner or employee of the
5 business. The Michigan liquor control commission shall develop
6 and make available to holders of licenses under the Michigan
7 liquor control code of 1998, 1998 PA 58, MCL 436.1101 to
8 436.2303, an appropriate sign stating that "This establishment
9 prohibits patrons from carrying concealed weapons". The owner or
10 operator of an establishment licensed under the Michigan liquor
11 control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, may,
12 but shall is
not be required to, post the sign developed
13 under this subdivision. A record made available by an
14 establishment licensed under the Michigan liquor control code of
15 1998, 1998 PA 58, MCL 436.1101 to 436.2303, necessary to enforce
16 this subdivision is exempt from disclosure under the freedom of
17 information act, 1976 PA 442, MCL 15.231 to 15.246.
18 (e) Any property or facility owned or operated by a church,
19 synagogue, mosque, temple, or other place of worship, unless the
20 presiding official or officials of the church, synagogue, mosque,
21 temple, or other place of worship permit the carrying of
22 concealed pistol on that property or facility.
23 (f) An entertainment facility with a seating capacity of
24 2,500 or more individuals that the individual knows or should
25 know has a seating capacity of 2,500 or more individuals or that
26 has a sign above each public entrance stating in letters not less
27 than 1-inch high a seating capacity of 2,500 or more
1 individuals.
2 (g) A hospital.
3 (h) A dormitory or classroom of a community college, college,
4 or university.
5 (2) An individual licensed under this act to carry a
6 concealed pistol, or who is exempt from licensure under section
7 12a(f), shall not carry a concealed pistol in violation of
8 R 432.1212 or a successor rule of the Michigan administrative
9 code promulgated pursuant to the Michigan gaming control and
10 revenue act, the Initiated Law of 1996, MCL 432.201 to 432.226.
11 (3) As used in subsection (1), "premises" does not include
12 parking areas of the places identified under subsection (1).
13 (4) Subsection (1) does not apply to any of the following:
14 (a) An individual licensed under this act who is a retired
15 police officer or retired law enforcement officer. The
16 concealed weapon
licensing board secretary of
state may require
17 a letter from the law enforcement agency stating that the retired
18 police officer or law enforcement officer retired in good
19 standing.
20 (b) An individual who is licensed under this act and who is
21 employed or contracted by an entity described under subsection
22 (1) to provide security services and is required by his or her
23 employer or the terms of a contract to carry a concealed firearm
24 on the premises of the employing or contracting entity.
25 (c) An individual who is licensed as a private investigator
26 or private detective under the private detective license act,
27 1965 PA 285, MCL 338.821 to 338.851.
1 (d) Any of the following who is licensed under this act while
2 on duty and in the course of his or her employment:
3 (i) A corrections officer of a county sheriff's department.
4 (ii) A motor carrier officer or capitol security officer of
5 the department of state police.
6 (iii) A member of a sheriff's posse.
7 (iv) An auxiliary officer or reserve officer of a police or
8 sheriff's department.
9 (v) A parole or probation officer of the department of
10 corrections.
11 (5) An individual who violates this section is responsible
12 for a state civil infraction or guilty of a crime as follows:
13 (a) Except as provided in subdivisions (b) and (c), the
14 individual is responsible for a state civil infraction and may be
15 fined not more than $500.00. The court shall order the
16 individual's license to carry a concealed pistol suspended for 6
17 months.
18 (b) For a second violation, the individual is guilty of a
19 misdemeanor punishable by a fine of not more than $1,000.00. The
20 court shall order the individual's license to carry a concealed
21 pistol revoked.
22 (c) For a third or subsequent violation, the individual is
23 guilty of a felony punishable by imprisonment for not more than 4
24 years or a fine of not more than $5,000.00, or both. The court
25 shall order the individual's license to carry a concealed pistol
26 revoked.
27 Sec. 5w. (1) One million dollars is appropriated from the
1 general fund to the department of state police for the fiscal
2 year ending September 30, 2001 for all of the following:
3 (a) Distributing trigger locks or other safety devices for
4 firearms to the public free of charge.
5 (b) Providing concealed pistol application kits to county
6 sheriffs, local police agencies, and county clerks for
7 distribution under section 5.
8 (c) The fingerprint analysis and comparison reports required
9 under section 5b(11).
10 (d) Photographs required under section 5c.
11 (e) Creating and maintaining the database required under
12 section 5e.
13 (f) Creating and maintaining a database of firearms that
14 have been reported lost or stolen. Information in the database
15 shall be made available to law enforcement through the law
16 enforcement information network.
17 (g) Grants to county
concealed weapon licensing boards for
18 expenditure only to
implement this act.
19 (g) (h) Training
under section 5v(4).
20 (h) (i) Creating
and distributing the reporting forms
21 required under section 5m.
22 (i) (j) A
public safety campaign regarding the
23 requirements of this act.
24 (2) Pursuant to section 30 of article IX of the state
25 constitution of 1963, total state spending under subsection (1)
26 for the fiscal year ending September 30, 2001 is $1,000,000.00.
27 (3) The appropriations made and the expenditures authorized
1 under this section and the departments, agencies, commissions,
2 boards, offices, and programs for which an appropriation is made
3 under this section are subject to the management and budget act,
4 1984 PA 431, MCL 18.1101 to 18.1594.
5 Sec. 6a. (1) A
concealed weapons licensing board The
6 secretary of state may issue to any bank, trust company, armored
7 car company, railway company, express company, or other company,
8 institution, copartnership, or individual having in its, their,
9 or the individual's possession large sums of money or other
10 valuables, a license authorizing the licensee to equip the
11 premises or vehicles under its, their, or the individual's
12 control with gas ejecting devices to be used solely for the
13 purpose of protecting those premises or vehicles and the persons
14 or property in the premises or vehicles from criminal assaults.
15 (2) The director
of the department of state police
16 secretary of state shall promulgate rules to govern the issuing
17 of the license and the making of an application for the license.
18 The rules shall be promulgated pursuant to the administrative
19 procedures act of 1969, Act
No. 306 of the Public Acts of 1969,
20 as amended, being
sections 24.201 to 24.328 of the Michigan
21 Compiled Laws 1969 PA 306, MCL 24.201 to 24.328. The concealed
22 weapons licensing
board secretary of state may
issue to any
23 company, copartnership, or individual under the limitations and
24 pursuant to the rules promulgated by the director of the
25 department of state police a license authorizing the corporation,
26 copartnership, or individual to manufacture or sell, or both, a
27 gas ejecting or emitting weapon, cartridge, or device to any
1 person authorized by law to possess the weapon, cartridge, or
2 device.
3 (3) For purposes of this section, "gas ejecting device" means
4 a device designed for the purpose of rendering a person either
5 temporarily or permanently disabled by the ejection, release, or
6 emission of a gas or other substance.
7 (4) A license shall not be required under this section for
8 the sale, purchase, or possession of a self-defense spray device,
9 as defined in section
224d of the Michigan penal code, Act
10 No. 328 of the Public
Acts of 1931, being section 750.224d of the
11 Michigan Compiled Laws 1931
PA 328, MCL 750.224d.
12 Sec. 8. (1) The concealed
weapon licensing board that
13 issued a license to an
applicant to carry a concealed pistol
14 secretary of state may
revoke that license if the board
15 secretary of state determines that the individual committed any
16 violation of this act other than a violation of section 5f(4) or
17 if the board secretary
of state determines that the individual
18 is not eligible under this act to receive a license to carry a
19 concealed pistol. If the
board secretary of state determines
20 that the individual has been found responsible for 3 or more
21 state civil infraction violations of this act during the license
22 period, the board secretary
of state shall conduct a hearing
23 and may suspend the individual's license for not more than 1
24 year.
25 (2) Except as provided in subsections (3) and (4), a license
26 shall not be revoked under this section except upon written
27 complaint and an
opportunity for a hearing before the board
1 secretary of state. The board
secretary of state shall give
2 the individual at least 10 days' notice of a hearing under this
3 section. The notice shall be by personal service or by certified
4 mail delivered to the individual's last known address.
5 (3) If the concealed
weapon licensing board secretary of
6 state is notified by a law enforcement agency or prosecuting
7 official that an individual licensed to carry a concealed pistol
8 is charged with a felony or misdemeanor as defined in this act,
9 the concealed weapon
licensing board secretary of state shall
10 immediately suspend the individual's license until there is a
11 final disposition of the charge for that offense and send notice
12 of that suspension to the individual's last known address as
13 indicated in the records
of the concealed weapon licensing
14 board secretary of state. The notice shall inform
the
15 individual that he or she is entitled to a prompt hearing on the
16 suspension, and the concealed
weapon licensing board secretary
17 of state shall conduct a prompt hearing if requested in writing
18 by the individual. The requirements of subsection (2) do not
19 apply to this subsection.
20 (4) If the concealed
weapon licensing board secretary of
21 state determines by clear and convincing evidence based on
22 specific articulable facts that the applicant poses a danger to
23 the applicant or to any
other person, the concealed weapon
24 licensing board secretary of state shall immediately suspend
the
25 individual's license pending a revocation hearing under this
26 section. The concealed
weapon licensing board secretary of
27 state shall send notice of the suspension to the individual's
1 last known address as
indicated in the records of the concealed
2 weapon licensing board
secretary of state. The
notice shall
3 inform the individual that he or she is entitled to a prompt
4 hearing on the
suspension, and the concealed weapon licensing
5 board secretary of state shall conduct a prompt
hearing if
6 requested in writing by the individual. The requirements of
7 subsection (2) do not apply to this subsection.
8 (5) If the concealed
weapon licensing board secretary of
9 state orders a license suspended or revoked under this section or
10 amends a suspension or
revocation order, the concealed weapon
11 licensing board secretary of state shall immediately notify a
12 law enforcement agency having jurisdiction in the county in which
13 the concealed weapon
licensing board is located licensee
14 resides to enter the order or amended order into the law
15 enforcement information network. A law enforcement agency that
16 receives notice of an order or amended order under this
17 subsection from a
concealed weapon licensing board the
18 secretary of state shall immediately enter the order or amended
19 order into the law enforcement information network as requested
20 by that concealed
weapon licensing board the secretary of
21 state.
22 (6) A suspension or revocation order or amended order issued
23 under this section is immediately effective. However, an
24 individual is not criminally liable for violating the order or
25 amended order unless he or she has received notice of the order
26 or amended order.
27 (7) If an individual is carrying a pistol in violation of a
1 suspension or revocation order or amended order issued under this
2 section but has not previously received notice of the order or
3 amended order, the individual shall be informed of the order or
4 amended order and be given an opportunity to properly store the
5 pistol or otherwise comply with the order or amended order before
6 an arrest is made for carrying the pistol in violation of this
7 act.
8 (8) If a law enforcement agency or officer notifies an
9 individual of a suspension or revocation order or amended order
10 issued under this section who has not previously received notice
11 of the order or amended order, the law enforcement agency or
12 officer shall enter a statement into the law enforcement
13 information network that the individual has received notice of
14 the order or amended order under this section.
15 (9) The clerk of
the concealed weapon licensing board
16 secretary of state is authorized to administer an oath to any
17 individual testifying
before the board secretary of state at a
18 hearing under this section.
19 Enacting section 1. This amendatory act takes effect
20 January 1, 2005.