CONCEALED WEAPON LICENSURE - H.B. 6337 (S-1): FLOOR ANALYSIS
House Bill 6337 (Substitute S-1 as reported)
Sponsor: Representative Scott Hummel
House Committee: Civil Law and the Judiciary
Senate Committee: Judiciary
CONTENT
The bill would amend the handgun licensure law to do the following:
-- Revise the fees paid by an applicant for a license to carry a concealed pistol, and provide for five-year, instead of three-year, licensure.
-- Limit the misdemeanors that disqualify an applicant, if he or she has been convicted within three years before applying.
-- Provide that information received by a concealed weapon licensing board could not be disclosed except for purposes of the handgun licensure law, for law enforcement purposes, or if the applicant were convicted of a felony involving a pistol.
-- Require a board to issue a temporary license if it did not receive an applicant's fingerprint comparison report within 60 days (rather than 30 days) after the FBI forwarded it to the State Police.
-- Allow county clerks to destroy an application one year after the license expired.
-- Provide that concealed pistols could not be carried on the premises of a bar or tavern where the primary source of income of the business was the sale of alcoholic liquor by the glass and consumed on the premises (instead of on the premises of a dining room, lounge, or bar area of a business licensed under the Michigan Liquor Control Code).
-- Include courtrooms among the places where licensees may not carry concealed pistols; exclude parking lots; and allow retired police officers, private investigators, and certain other officers to carry concealed pistols on premises where they are otherwise prohibited.
-- Delete criminal penalties and mandatory license sanctions for violations of the pistol-free premises restrictions.
-- Provide that the sanctions for a licensee's failure to show his or her license to a peace officer, or to disclosure that he or she is carrying a concealed pistol, would apply if the person were carrying; and provide that the penalty for a subsequent offense would apply if it were committed within three years of a prior offense.
-- Require a pistol safety training course to include firing at least 30 rounds and information about the use of deadly force, and exempt retired peace or enforcement officers from the training requirements.
The bill would take effect on July 1, 2003.
MCL 28.425b et al. - Legislative Analyst: Suzanne Lowe
FISCAL IMPACT
The bill would change the application and renewal costs for a concealed weapon license as shown in Table 1. The bill also would lengthen the renewal period for licenses from three years to five. Over a 15-year period, beginning with the initial application fee, this change is compared in Table 2 for a single licensee.
The bill would eliminate the $5 assessment for concealed weapon enforcement training by the State Police, a fee that generated $203,000 in FY 2001-02. Lengthening the licensing period from three to five years would reduce the processing and administration costs incurred by local and State agencies.
The total revenue received annually from the fee structure would depend upon the number of licenses applied for in a given year. For the period of July 1, 2001, through June 30, 2002, the State received 62,900 concealed pistol applications.
There are no data available to indicate how many, if any, offenders have been convicted of violating the pistol-free premises restrictions since their implementation in 2001. Eliminating the criminal penalties would potentially decrease State and local criminal justice costs.
Table 1
| Current Initial
Application |
House Bill
6337 (S-1) |
Current
Renewal |
House Bill
6337 (S-1) | |
| County General Fund | $10 | $26 | $35 | $26 |
| County Fingerprint Charge1) | 15 | 26 | 15 | 0 |
| County Sheriff | 0 | 15 | 0 | 15 |
| State Police | 45 | 64 | 30 | 64 |
| State Police Federal Costs | 24 | 0 | 24 | 0 |
| Concealed Weapon Enforcement Fund | 5 | 0 | 0 | 0 |
| - Total | $99 | $105 | $104 | $105 |
| 1)Optional; the county sheriff, under the handgun licensure law, is permitted to charge up to $15 for taking fingerprints. | ||||
Table 2
|
Current |
House Bill
6337 (S-1) | |
| County General Fund | $15 | $78 |
| County Fingerprint Charge | 75 | 0 |
| County Sheriff | 0 | 45 |
| State Police | 165 | 192 |
| State Police Federal costs | 120 | 0 |
| Concealed Weapon Enforcement Fund | 5 | 0 |
| - Total | $515 | $345 |
Date Completed: 12-11-02 - Fiscal Analyst: Bruce Baker
- Bethany WicksallFloor\hb6337
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.