April 13, 2005, Introduced by Senators McMANUS, PATTERSON, CROPSEY, BASHAM, BARCIA, GOSCHKA, GILBERT, BIRKHOLZ, JELINEK, TOY, SANBORN, ALLEN, BISHOP and STAMAS and referred to the Committee on Government Operations.
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, and 5o as amended by 2002 PA 719, section 5j
as amended by 2004 PA 254, and section 6a as amended by 1991 PA 34.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4. (1) A person who is prohibited from possessing, using,
transporting, selling, purchasing, carrying, shipping, receiving,
or distributing a firearm under section 224f(2) of the Michigan
penal
code, Act No. 328 of the Public Acts of 1931, being section
750.224f
of the Michigan Compiled Laws 1931 PA 328, MCL
750.224f,
may
apply to the concealed weapons licensing board in the county
in
which he or she resides secretary of state for restoration of
those rights.
(2) Not more than 1 application may be submitted under
subsection
(1) in any calendar year. The concealed weapons
licensing
board secretary of state may charge a fee of not more
than $10.00 for the actual and necessary expenses of each
application.
(3)
The concealed weapons licensing board secretary of state
shall,
by written order, of the board, restore the rights of a
person to possess, use, transport, sell, purchase, carry, ship,
receive,
or distribute a firearm if the board secretary of state
determines, by clear and convincing evidence, that all of the
following circumstances exist:
(a) The person properly submitted an application for
restoration of those rights as provided under this section.
(b) The expiration of 5 years after all of the following
circumstances:
(i) The person has paid all fines imposed for the violation
resulting in the prohibition.
(ii) The person has served all terms of imprisonment imposed
for the violation resulting in the prohibition.
(iii) The person has successfully completed all conditions of
probation or parole imposed for the violation resulting in the
prohibition.
(c) The person's record and reputation are such that the
person is not likely to act in a manner dangerous to the safety of
other persons.
(4)
If the concealed weapons licensing board secretary of
state pursuant to subsection (3) refuses to restore a right under
this section, the person may petition the circuit court for review
of that decision.
Sec. 5. (1) County sheriffs, local police agencies, and county
clerks shall provide concealed pistol application kits during
normal business hours and free of charge to individuals who wish to
apply for licenses to carry concealed pistols. Each kit shall only
contain all of the following:
(a) A concealed pistol license application form provided by
the director of the department of state police.
(b)
The fingerprint cards required under section 5b(11) 5b.
(c) Written information regarding the procedures involved in
obtaining a license to carry a concealed pistol, including
information regarding the right to appeal the denial of a license
and the form required for that appeal.
(d) Written information identifying entities that offer the
training
required under section 5b(7)(c) 5b.
(2) A county sheriff, local police agency, or county clerk
shall not deny an individual the right to receive a concealed
pistol application kit under this section.
(3) An individual who is denied an application kit under this
section
and obtains an order of mandamus directing the concealed
weapon
licensing board secretary of state to provide him or her
with the application kit shall be awarded his or her actual and
reasonable costs and attorney fees for obtaining the order.
(4) The department of state police shall provide the
application kits required under this section to county sheriffs,
local law enforcement agencies, and county clerks in sufficient
quantities to meet demand. The department of state police shall not
charge a fee for the kits.
Sec.
5a. (1) Each county shall have a concealed weapon
licensing
board. The concealed weapon licensing board of each
county
shall have the following members:
(a)
The county prosecuting attorney or his or her designee.
However,
if the county prosecuting attorney decides that he or she
does
not want to be a member of the concealed weapon licensing
board,
he or she shall notify the county board of commissioners in
writing
that he or she does not want to be a member of the
concealed
weapon licensing board for the balance of his or her term
in
office. The county board of commissioners shall then appoint a
replacement
for the prosecuting attorney who is a firearms
instructor
who has the qualifications prescribed in section
5j(1)(c).
The person who replaces the prosecuting attorney shall
serve
on the concealed weapon licensing board in place of the
prosecuting
attorney for the remaining term of the county
prosecuting
attorney unless removed for cause by the county board
of
commissioners. If a vacancy occurs on the concealed weapon
licensing
board of the person appointed pursuant to this section
during
the term of office of the county prosecuting attorney, the
county
board of commissioners shall appoint a replacement person
who
is a firearms instructor who has the qualifications prescribed
in
section 5j(1)(c).
(b)
The county sheriff or his or her designee.
(c)
The director of the department of state police or his or
her
designee.
(2)
If a prosecuting attorney chooses not to be a member of
the
concealed weapon licensing board, all of the following apply:
(a)
The prosecuting attorney shall be notified of all
applications
received by the concealed weapon licensing board.
(b)
The prosecuting attorney shall be given an opportunity to
object
to granting a license to carry a concealed pistol and
present
evidence bearing directly on an applicant's suitability to
carry
a concealed pistol safely.
(c)
The prosecuting attorney shall disclose to the concealed
weapon
licensing board any information of which he or she has
actual
knowledge that bears directly on an applicant's suitability
to
carry a concealed pistol safely.
(3)
The county prosecuting attorney or his or her designee
shall
serve as chairperson of the board unless the prosecuting
attorney
does not want to be a member of the concealed weapon
licensing
board, in which case the concealed weapon licensing board
shall
elect its chairperson. Two members of the concealed weapon
licensing
board constitute a quorum of the concealed weapon
licensing
board. The business of the concealed weapon licensing
board
shall be conducted by a majority vote of all of the members
of
the concealed weapon licensing board.
(4)
The county clerk shall serve as the clerk of the concealed
weapon
licensing board.
(1) (5)
Except as otherwise provided in this act, the
concealed
weapon licensing board The secretary of state has
exclusive authority to issue, deny, revoke, or suspend a license to
carry
a concealed pistol. The concealed weapon licensing board
secretary of state shall perform other duties concerning concealed
pistols as provided by law.
(6)
The concealed weapon licensing board may convene not more
than
3 panels to assist the board in evaluating applicants. The
panels
shall be composed of representatives as prescribed in
subsection
(1). The panels do not have the authority to issue,
deny,
revoke, or suspend a license.
(2) (7)
The concealed weapon licensing
board secretary of
state may investigate the an
applicant for a license to carry a
concealed pistol. The investigation shall be restricted to
determining only whether the applicant is eligible under this act
to receive a license to carry a concealed pistol, and the
investigation regarding the issuance of a license shall end after
that
determination is made. The concealed weapon licensing board
secretary
of state may require the applicant to
appear before the
board
secretary of state at a
mutually agreed-upon time for a
conference. The applicant's failure or refusal to appear without
valid
reason before the concealed weapon licensing board as
provided
in this subsection secretary of state is grounds for the
board
secretary of state to deny
issuance of a license to carry a
concealed pistol to that applicant.
(3) (8)
If the concealed weapon
licensing board secretary
of state determines there is probable cause to believe 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, the concealed weapon
licensing
board secretary of state may, pending issuance of a
license, issue a temporary license to the individual to carry a
concealed pistol. A temporary license shall be on a form provided
by the department of state police. A temporary license shall be
unrestricted and shall be valid for not more than 180 days. A
temporary license may be renewed for 1 additional period of not
more than 180 days. A temporary license is, for all other purposes
of this act, a license to carry a concealed pistol.
(9)
The legislative service bureau shall compile the firearms
laws
of this state, including laws that apply to carrying a
concealed
pistol, and shall provide copies of the compilation to
each
concealed weapon licensing board in this state for
distribution
under this subsection. A concealed weapon licensing
board
shall distribute a copy of the compilation to each individual
who
applies for a license to carry a concealed pistol at the time
the
application is submitted. The concealed weapon licensing board
shall
require the applicant to sign a written statement
acknowledging
that he or she has received a copy of the
compilation.
An individual is not eligible to receive a license to
carry
a concealed pistol until he or she has signed the statement.
Sec. 5b. (1) 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 secretary of state.
The
application shall be filed with the county clerk 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
secretary
of state and shall allow the applicant
to designate
whether
indicate that the applicant
seeks a temporary license. The
application shall be signed under oath by the applicant. The oath
shall
be administered by the county clerk secretary of state or
his or her representative. The application shall contain all of the
following: information:
(a) The applicant's legal name and date of birth and the
address of his or her primary residence. 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)
A statement by the applicant authorizing the concealed
weapon
licensing board secretary of state 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 secretary of state under this
subdivision be reviewed in a closed session. If the applicant
requests
that the session be closed, the concealed weapon
licensing
board secretary of state 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.
Medical records and personal identifying information received by
the
concealed weapon licensing board secretary of state under
this subdivision is confidential, is not subject to disclosure
under the freedom of information act, 1976 PA 442, MCL 15.231 to
15.246, and shall not be disclosed to any person except for
purposes of this act or for law enforcement purposes or if the
applicant is convicted of a felony involving a pistol.
(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, and authorizing the concealed weapon licensing
board
secretary of state to access
the mental health records of
the applicant relating to his or her mental health history. The
applicant
may request that information received by the concealed
weapon
licensing board secretary of state under this subdivision
be reviewed in a closed session. If the applicant requests that the
session
be closed, the concealed weapon licensing board secretary
of state 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. Medical records and
personal
identifying information received by the concealed weapon
licensing
board secretary of state under this subdivision is
confidential, is not subject to disclosure under the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246, and shall not
be disclosed to any person except for purposes of this act or for
law enforcement purposes.
(e) A statement by the applicant regarding whether he or she
has ever been convicted in this state or elsewhere for any felony
or misdemeanor.
(f) A statement by the applicant whether he or she has been
dishonorably discharged from the United States armed forces.
(g) If the applicant seeks a temporary license, the facts
supporting the issuance of that temporary license.
(h) The names, residential addresses, and telephone numbers of
2 individuals who are references for the applicant.
(i) 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 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 concealed weapon licensing board secretary of state
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
secretary of state may destroy the record and maintain only a name
index of the record.
(5) Each applicant shall pay a fee of $105.00 by any method of
payment
accepted by that county the
secretary of state for
payments of other fees and penalties. Except for a local police
agency as provided in subsection (9), a unit of local government,
an agency of a unit of local government, or an agency or department
of this state shall not charge an additional fee, assessment, or
other
amount in connection with a license under this section. The
fee
shall be payable to the county. The county treasurer shall
deposit
$41.00 of each fee collected under this section in the
general
fund of the county and credit $26.00 of that deposit to the
credit
of the county clerk and $15.00 of that deposit to the credit
of
the county sheriff and forward the balance to the state
treasurer.
The money collected under this section shall be
deposited in the state treasury. 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)
The county sheriff on behalf of the concealed weapon
licensing
board department of state police 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 the finding to the concealed weapon licensing
board
secretary of state. If the
applicant resides in a city,
village,
or township that has a police department, the concealed
weapon
licensing board secretary of state 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.
(7)
The concealed weapon licensing board secretary of state
shall issue a license to an applicant to carry a concealed pistol
within the period required under this act after the applicant
properly
submits an application under subsection (1) and the
concealed
weapon licensing board secretary of state 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 a
resident
legal alien, as defined in section 11 of title 18 of the
United
States Code, is a resident of this state, and has resided
in
this state for at least 6 months. The concealed weapon
licensing
board secretary of state may waive the 6-month residency
requirement
for a temporary license under section 5a(8) 5a(3)
if
the
concealed weapon licensing board secretary of state
determines there is probable cause to believe 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.
(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, and that is available to the general public and
presented by a law enforcement agency, junior or community college,
college, or public or private institution or organization or
firearms training school.
(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
pursuant to 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:
(i) Section 617a of the Michigan vehicle code, 1949 PA 300, MCL
257.617a (failing to stop when involved in a personal injury
accident).
(ii) Section 625 of the Michigan vehicle code, 1949 PA 300, MCL
257.625,
punishable as provided in subsection (8)(b) of that
section 625(9)(b) of the Michigan vehicle code, 1949 PA 300, MCL
257.625 (drunk driving, second offense).
(iii) Section 625m of the Michigan vehicle code, 1949 PA 300,
MCL
257.625m, punishable under subsection (4) of that section
625m(4) of the Michigan vehicle code, 1949 PA 300, MCL 257.625m
(drunk driving, commercial vehicle).
(iv) Section 626 of the Michigan vehicle code, 1949 PA 300, MCL
257.626 (reckless driving).
(v) Section 904(1) of the Michigan vehicle code, 1949 PA 300,
MCL 257.904 (driving while license suspended or revoked),
punishable as a second or subsequent offense.
(vi) Section 185 of the aeronautics code of the state of
Michigan, 1945 PA 327, MCL 259.185 (operating aircraft with alcohol
with prior conviction).
(vii) Section 29 of the weights and measures act, 1964 PA 283,
MCL 290.629 (assaulting, hindering, or obstructing weights and
measures enforcement officer).
(viii) 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).
(ix) Section 81134 of the natural resources and environmental
protection
act, 1994 PA 451, MCL 324.81134, punishable under
subsection
(5) or (6) of that section 81134(5) or (6) of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.81134 (operating ORV under the influence, second or
subsequent offense).
(x) Section 82127 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.82127 (operating a snowmobile
under the influence with prior conviction), punishable under
section 82128(1)(b) or (c) of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.82128.
(xi) Section 80176 of the natural resources and environmental
protection
act, 1994 PA 451, MCL 324.80176, and punishable under
section 80177(1)(b) of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.80177 (operating vessel under
the influence, second or subsequent offense).
(xii) Section 7403 of the public health code, 1978 PA 368, MCL
333.7403.
(xiii) Section 353 of the railroad code of 1993, 1993 PA 354,
MCL 462.353 (operating locomotive under the influence), punishable
under
subsection (4) of that section
353(4) of the railroad code
of 1993, 1993 PA 354, MCL 462.353.
(xiv) Section 7 of 1978 PA 33, MCL 722.677 (displaying sexually
explicit materials to minors).
(xv) Section 81 of the Michigan penal code, 1931 PA 328, MCL
750.81 (assault or domestic assault).
(xvi) Section 81a(1) or (2) of the Michigan penal code, 1931 PA
328, MCL 750.81a (aggravated assault or aggravated domestic
assault).
(xvii) Section 115 of the Michigan penal code, 1931 PA 328, MCL
750.115 (entering without breaking).
(xviii) Section 136b(6) of the Michigan penal code, 1931 PA 328,
MCL 750.136b (fourth degree child abuse).
(xix) Section 145a of the Michigan penal code, 1931 PA 328, MCL
750.145a (accosting, enticing, or soliciting a child for immoral
purposes).
(xx) Section 145n of the Michigan penal code, 1931 PA 328, MCL
750.145n (vulnerable adult abuse).
(xxi) Section 157b(3)(b) of the Michigan penal code, 1931 PA
328, MCL 750.157b (solicitation to commit a felony).
(xxii) Section 215 215(2)
of the Michigan penal code, 1931 PA
328, MCL 750.215 (impersonating sheriff, conservation officer,
coroner, constable, or police officer).
(xxiii) Section 223 of the Michigan penal code, 1931 PA 328, MCL
750.223 (illegal sale of a firearm or ammunition).
(xxiv) Section 224d of the Michigan penal code, 1931 PA 328,
MCL 750.224d (illegal sale of a self-defense spray).
(xxv) Section 226a of the Michigan penal code, 1931 PA 328, MCL
750.226a (sale or possession of a switchblade).
(xxvi) Section 227c of the Michigan penal code, 1931 PA 328,
MCL 750.227c (improper transportation of a firearm).
(xxvii) Section 228 of the Michigan penal code, 1931 PA 328, MCL
750.228 (failure to have a pistol inspected).
(xxviii) Section 229 of the Michigan penal code, 1931 PA 328,
MCL 750.229 (accepting a pistol in pawn).
(xxix) Section 232 of the Michigan penal code, 1931 PA 328, MCL
750.232 (failure to register the purchase of a firearm or a firearm
component).
(xxx) Section 232a of the Michigan penal code, 1931 PA 328, MCL
750.232a (improperly obtaining a pistol, making a false statement
on an application to purchase a pistol, or using false
identification to purchase a pistol).
(xxxi) Section 233 of the Michigan penal code, 1931 PA 328, MCL
750.233 (intentionally aiming a firearm without malice).
(xxxii) Section 234 of the Michigan penal code, 1931 PA 328, MCL
750.234 (intentionally discharging a firearm aimed without malice).
(xxxiii) Section 234d of the Michigan penal code, 1931 PA 328,
MCL 750.234d (possessing a firearm on prohibited premises).
(xxxiv) Section 234e of the Michigan penal code, 1931 PA 328,
MCL 750.234e (brandishing a firearm in public).
(xxxv) Section 234f of the Michigan penal code, 1931 PA 328,
MCL 750.234f (possession of a firearm by an individual less than 18
years of age).
(xxxvi) Section 235 of the Michigan penal code, 1931 PA 328, MCL
750.235 (intentionally discharging a firearm aimed without malice
causing injury).
(xxxvii) Section 235a of the Michigan penal code, 1931 PA 328,
MCL 750.235a (parent of a minor who possessed a firearm in a weapon
free school zone).
(xxxviii) Section 236 of the Michigan penal code, 1931 PA 328,
MCL 750.236 (setting a spring gun or other device).
(xxxix) Section 237 of the Michigan penal code, 1931 PA 328, MCL
750.237 (possessing a firearm while under the influence of
intoxicating liquor or a drug).
(xl) Section 237a of the Michigan penal code, 1931 PA 328, MCL
750.237a (weapon free school zone violation).
(xli) Section 335a of the Michigan penal code, 1931 PA 328, MCL
750.335a (indecent exposure).
(xlii) Section 411h of the Michigan penal code, 1931 PA 328, MCL
750.411h (stalking).
(xliii) Section 1 of 1952 PA 45, MCL 752.861 (reckless, careless,
or negligent use of a firearm resulting in injury or death).
(xliv) Section 2 of 1952 PA 45, MCL 752.862 (careless, reckless,
or negligent use of a firearm resulting in property damage).
(xlv) Section 3a of 1952 PA 45, MCL 752.863a (reckless
discharge of a firearm).
(xlvi) 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 (xlv).
(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):
(i) Section 625 of the Michigan vehicle code, 1949 PA 300, MCL
257.625 (operating under the influence).
(ii) Section 625a of the Michigan vehicle code, 1949 PA 300,
MCL 257.625a (refusal of commercial vehicle driver to submit to a
chemical test).
(iii) Section 625k of the Michigan vehicle code, 1949 PA 300,
MCL
257.625k (negligently fails to comply) (failing to comply
with ignition interlock device manufacturing requirement).
(iv) Section 625l of the Michigan vehicle code, 1949 PA 300,
MCL 257.625l (circumventing an ignition interlocking device).
(v) Section 625m of the Michigan vehicle code, 1949 PA 300,
MCL
257.625m, punishable under subsection (3) of that section
625m(3) of the Michigan vehicle code, 1949 PA 300, MCL 257.625m
(operating a commercial vehicle with alcohol content).
(vi) Section 185 of the aeronautics code of the state of
Michigan, 1945 PA 327, MCL 259.185 (operating aircraft under the
influence).
(vii) Section 81134 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.81134 (operating ORV under the
influence).
(viii) Section 81135 of the natural resources and environmental
protection
act, 1994 PA 451, MCL 324.81135 (operating ORV having
consumed
controlled substance while visibly impaired).
(ix) Section 82127 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.82127 (operating a snowmobile
under the influence or while visibly impaired).
(x) Part 74 of the public health code, 1978 PA 368, MCL
333.7401 to 333.7461 (controlled substances).
(xi) Section 353 of the railroad code of 1993, 1993 PA 354, MCL
462.353 (operating locomotive under the influence), punishable
under
subsection (3) of that section
353(3) of the railroad code
of 1993, 1993 PA 354, MCL 462.353.
(xii) Section 167 of the Michigan penal code, 1931 PA 328, MCL
750.167 (disorderly person).
(xiii) Section 174 of the Michigan penal code, 1931 PA 328, MCL
750.174 (embezzlement).
(xiv) Section 218 of the Michigan penal code, 1931 PA 328, MCL
750.218 (false pretenses).
(xv) Section 356 of the Michigan penal code, 1931 PA 328, MCL
750.356 (larceny).
(xvi) Section 356d of the Michigan penal code, 1931 PA 328, MCL
750.356d (retail fraud).
(xvii) Section 359 of the Michigan penal code, 1931 PA 328, MCL
750.359 (larceny-vacant building).
(xviii) Section 362 of the Michigan penal code, 1931 PA 328, MCL
750.362 (larceny by conversion).
(xix) Section 362a of the Michigan penal code, 1931 PA 328, MCL
750.362a (defrauding lessor).
(xx) Section 377a of the Michigan penal code, 1931 PA 328, MCL
750.377a (malicious destruction of property).
(xxi) Section 380 of the Michigan penal code, 1931 PA 328, MCL
750.380 (malicious destruction of real property).
(xxii) Section 479a of the Michigan penal code, 1931 PA 328, MCL
750.479a (failure to obey police direction).
(xxiii) Section 535 of the Michigan penal code, 1931 PA 328, MCL
750.535 (receiving stolen property).
(xxiv) Section 540e of the Michigan penal code, 1931 PA 328,
MCL
750.540e (malicious use of telephones telecommunications
service).
(xxv) 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 (xxiv).
(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 has never been subject to an order of
involuntary commitment in an inpatient or outpatient setting due to
mental illness.
(l) The applicant does not have a diagnosed mental illness 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) Issuing a license to the applicant to carry a concealed
pistol in this state is not detrimental to the safety of the
applicant or to any other individual. A determination under this
subdivision shall be based on clear and convincing evidence of
repeated violations of this act, crimes, personal protection orders
or injunctions, or police reports or other clear and convincing
evidence of the actions of, or statements of, the applicant that
bear directly on the applicant's ability to carry a concealed
pistol.
(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 by the county concealed weapon licensing boards
secretary of state, 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 and have
classifiable fingerprints taken by the county sheriff or a local
police agency if that local police agency maintains fingerprinting
capability. If the individual requests that classifiable
fingerprints be taken by a local police agency, the individual
shall also pay to that local police agency a fee of $15.00 by any
method of payment accepted by the unit of local government for
payments of other fees and penalties. The county sheriff or local
police agency shall take the fingerprints within 5 business days
after the request.
(10) The fingerprints shall be taken, under subsection (9), on
forms and in a manner prescribed by the department of state police.
The fingerprints 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 forward the fingerprints to the federal bureau of
investigation. 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
secretary
of state. Except as provided in
subsection (14), the
concealed
weapon licensing board secretary of state shall not
issue a concealed pistol license until it receives the fingerprint
comparison
report prescribed in this subsection. The concealed
weapon
licensing board secretary of state may deny a license if an
individual's fingerprints are not classifiable by the federal
bureau of investigation.
(11)
The concealed weapon licensing board secretary of state
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.
(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)
Subject to subsections (10) and (14), the concealed
weapon
licensing board secretary of state shall issue or deny
issuance
of a license within 45 days after the concealed weapon
licensing
board secretary of state receives the fingerprint
comparison
report provided under subsection (10). If the concealed
weapon
licensing board secretary of state denies issuance of a
license
to carry a concealed pistol, the concealed weapon
licensing
board secretary of state shall within 5 business days do
both of the following:
(a) Inform the applicant in writing of the reasons for the
denial. Information under this subdivision shall include all of the
following:
(i) A statement of the specific and articulable facts
supporting the denial.
(ii) Copies of any writings, photographs, records, or other
documentary evidence upon which the denial is based.
(b) Inform the applicant in writing of his or her right to
appeal the denial to the circuit court as provided in section 5d.
(14) If the fingerprint comparison report is not received by
the
concealed weapon licensing board secretary of state 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 secretary of state shall issue a temporary
license to carry a concealed pistol to the applicant if the
applicant is otherwise qualified for a license. A temporary license
issued
under this section is valid for 180 days or until the
concealed
weapon licensing board secretary of state 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. 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
secretary of state.
(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. A license to carry a concealed
pistol
that is lost, stolen, or defaced may be replaced by the
issuing
county clerk secretary of state for a replacement fee of
$10.00.
(16)
If a concealed weapons licensing board the secretary of
state suspends or revokes a license issued under this act, the
license
is forfeited and shall be
immediately returned to the
concealed
weapons licensing board forthwith secretary of state.
(17) As used in this section:
(a) "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.
(b) "Felony" means 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.
(c) "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.
(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.
(e) "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. 5c. (1) A license to carry a concealed pistol shall be in
a form, with the same dimensions as a Michigan operator license,
prescribed by the department of state police. The license shall
contain all of the following:
(a) The licensee's full name and date of birth.
(b) A photograph and a physical description of the licensee.
(c) A statement of the effective dates of the license.
(d) An indication of exceptions authorized by this act
applicable to the licensee.
(e) An indication whether the license is a duplicate.
(2) Subject to section 5o and except as otherwise provided by
law,
a license to carry a concealed pistol issued by the county
concealed
weapon licensing board secretary of state authorizes the
licensee to do all of the following:
(a) Carry a pistol concealed on or about his or her person
anywhere in this state.
(b) Carry a pistol in a vehicle, whether concealed or not
concealed, anywhere in this state.
Sec.
5d. (1) If the concealed weapon licensing board
secretary of state denies issuance of a license to carry a
concealed pistol, or fails to issue that license as provided in
this act, the applicant may appeal the denial or the failure to
issue the license to the circuit court in the judicial circuit in
which he or she resides. The appeal of the denial or failure to
issue a license shall be determined by a review of the record for
error,
except that if the decision of the concealed weapon
licensing
board secretary of state was based upon grounds
specified in section 5b(7)(n) that portion of the appeal shall be
by hearing de novo. Witnesses in the hearing shall be sworn. A jury
shall not be provided in a hearing under this section.
(2) If the court determines that the denial or failure to
issue
a license was clearly erroneous, the court shall order the
concealed
weapon licensing board secretary of state to issue a
license as required by this act.
(3)
If the court determines that the decision of the
concealed
weapon licensing board secretary of state to deny
issuance of a license to an applicant was arbitrary and capricious,
the
court shall order this state to pay 1/3 and the county in
which
the concealed weapon licensing board is located to pay 2/3 of
the actual costs and actual attorney fees of the applicant in
appealing the denial.
(4) If the court determines that an applicant's appeal was
frivolous, the court shall order the applicant to pay the actual
costs
and actual attorney fees of the concealed weapon licensing
board
secretary of state in
responding to the appeal.
Sec.
5e. (1) The department of state police secretary of
state shall create and maintain a computerized database of
individuals who apply under this act for a license to carry a
concealed pistol. The database shall contain only the following
information as to each individual:
(a) The individual's name, date of birth, address, and county
of residence.
(b) If the individual is licensed to carry a concealed pistol
in this state, the license number and date of expiration.
(c) Except as provided in subsection (2), if the individual
was
denied a license to carry a concealed pistol after the
effective
date of the amendatory act that added this subdivision
July 1, 2001, a statement of the reasons for that denial.
(d) A statement of all criminal charges pending and criminal
convictions obtained against the individual during the license
period.
(e) A statement of all determinations of responsibility for
civil infractions of this act pending or obtained against the
individual during the license period.
(2) If an individual who was denied a license to carry a
concealed
pistol after the effective date of the amendatory act
that
added this subsection July 1, 2001
is subsequently issued a
license to carry a concealed pistol, the department of state police
shall
delete from the computerized database the previous reasons
for the previous denial.
(3) The department of state police shall enter the information
described in subsection (1)(a) and (b) into the law enforcement
information network.
(4) Information in the database, compiled under subsections
(1) through (3), is confidential, is not subject to disclosure
under the freedom of information act, 1976 PA 442, MCL 15.231 to
15.246, and shall not be disclosed to any person except for
purposes of this act or for law enforcement purposes. The
information compiled under subsection (5) is subject to disclosure
under the freedom of information act, 1976 PA 442, MCL 15.231 to
15.246.
(5)
The department of state police secretary of state shall
file an annual report with the secretary of the senate and the
clerk of the house of representatives setting forth all of the
following
information for each county: concealed weapon licensing
board:
(a) The number of concealed pistol applications received.
(b) The number of concealed pistol licenses issued.
(c) The number of concealed pistol licenses denied.
(d) Categories for denial under subdivision (c).
(e) The number of concealed pistol licenses revoked.
(f) Categories for revocation under subdivision (e).
(g) The number of applications pending at the time the report
is made.
(h) The mean and median amount of time and the longest and
shortest amount of time used by the federal bureau of investigation
to
supply the fingerprint comparison report required in section
5b(11)
5b(10). The department secretary of state may use a
statistically significant sample to comply with this subdivision.
(i) The number of charges of state civil infractions of this
act or charges of criminal violations, categorized by offense,
filed against individuals licensed to carry a concealed pistol that
resulted in a finding of responsibility or a criminal conviction.
The report shall indicate the number of crimes in each category of
criminal offense that involved the brandishing or use of a pistol,
the number that involved the carrying of a pistol by the license
holder during the commission of the crime, and the number in which
no pistol was carried by the license holder during the commission
of the crime.
(j) The number of pending criminal charges, categorized by
offense, against individuals licensed to carry a concealed pistol.
(k) The number of criminal cases dismissed, categorized by
offense, against individuals licensed to carry a concealed pistol.
(l) The number of cases filed against individuals licensed to
carry a concealed pistol for criminal violations that resulted in a
finding of not responsible or not guilty, categorized by offense.
(m) For the purposes of subdivisions (i), (j), (k), and (l),
the
department of state police secretary
of state shall use the
data provided under section 5m.
(n) The number of suicides by individuals licensed to carry a
concealed pistol.
(o)
Actual costs incurred per permit for each county.
Sec. 5f. (1) An individual who is licensed under this act to
carry a concealed pistol shall have his or her license to carry
that pistol in his or her possession at all times he or she is
carrying a concealed pistol.
(2) An individual who is licensed under this act to carry a
concealed pistol and who is carrying a concealed pistol shall show
both of the following to a peace officer upon request by that peace
officer:
(a) His or her license to carry a concealed pistol.
(b) His or her driver license or Michigan personal
identification card.
(3) An individual licensed under this act to carry a concealed
pistol and who is carrying a concealed pistol and who is stopped by
a peace officer shall immediately disclose to the peace officer
that he or she is carrying a pistol concealed upon his or her
person or in his or her vehicle.
(4) An individual who violates subsection (1) or (2) is
responsible for a state civil infraction and may be fined not more
than $100.00.
(5) An individual who violates subsection (3) is responsible
for a state civil infraction and may be fined as follows:
(a) For a first offense, by a fine of not more than $500.00 or
by the individual's license to carry a concealed pistol being
suspended for 6 months, or both.
(b) For a subsequent offense within 3 years of a prior
offense, by a fine of not more than $1,000.00 and by the
individual's license to carry a concealed pistol being revoked.
(6) If an individual is found responsible for a state civil
infraction under this section, the court shall notify the
department
of state police and the concealed weapon licensing
board
that issued the license secretary of state of that
determination.
(7) A pistol carried in violation of this section is subject
to immediate seizure by a peace officer. If a peace officer seizes
a pistol under this subsection, the individual has 45 days in which
to display his or her license or documentation to an authorized
employee of the law enforcement entity that employs the peace
officer. If the individual displays his or her license or
documentation to an authorized employee of the law enforcement
entity that employs the peace officer within the 45-day period, the
authorized employee of that law enforcement entity shall return the
pistol to the individual unless the individual is prohibited by law
from possessing a firearm. If the individual does not display his
or her license or documentation within the 45-day period, the
pistol is subject to forfeiture as provided in section 5g. A pistol
is not subject to immediate seizure under this subsection if both
of the following circumstances exist:
(a) The individual has his or her driver license or Michigan
personal identification card in his or her possession when the
violation occurs.
(b) The peace officer verifies through the law enforcement
information network that the individual is licensed under this act
to carry a concealed pistol.
Sec. 5h. (1) An individual who is licensed to carry a
concealed
pistol on the effective date of the amendatory act that
added
this section January 1, 2005 may carry a concealed pistol
under that license until the license expires or the individual's
authority to carry a concealed pistol under that license is
otherwise terminated, whichever occurs first.
(2) An individual who is licensed under this act to carry a
concealed
pistol on the effective date of the amendatory act that
added
this section January 1, 2005 may apply for a renewal license
upon the expiration of that license as provided in section 5l.
Sec. 5j. (1) A pistol training or safety program described in
section 5b(7)(c) meets the requirements for knowledge or training
in the safe use and handling of a pistol only if the program
consists of not less than 8 hours of instruction and all of the
following conditions are met:
(a) The program is certified by this state or a national or
state firearms training organization and provides 5 hours of
instruction in, but is not limited to providing instruction in, all
of the following:
(i) The safe storage, use, and handling of a pistol including,
but not limited to, safe storage, use, and handling to protect
child safety.
(ii) Ammunition knowledge, and the fundamentals of pistol
shooting.
(iii) Pistol shooting positions.
(iv) Firearms and the law, including civil liability issues and
the use of deadly force. This portion shall be taught by an
attorney or an individual trained in the use of deadly force.
(v) Avoiding criminal attack and controlling a violent
confrontation.
(vi) All laws that apply to carrying a concealed pistol in this
state.
(b) The program provides at least 3 hours of instruction on a
firing range and requires firing at least 30 rounds of ammunition.
(c) The program provides a certificate of completion that
states the program complies with the requirements of this section
and that the individual successfully completed the course, and that
contains the printed name and signature of the course instructor.
Not later than October 1, 2004, the certificate of completion shall
contain the statement, "This course complies with section 5j of
1927 PA 372."
(d) The instructor of the course is certified by this state or
a national organization to teach the 8-hour pistol safety training
course described in this section.
(2) A person shall not do either of the following:
(a) Grant a certificate of completion described under
subsection (1)(c) to an individual knowing the individual did not
satisfactorily complete the course.
(b) Present a certificate of completion described under
subsection
(1)(c) to a concealed weapon licensing board the
secretary of state knowing that the individual did not
satisfactorily complete the course.
(3) A person who violates subsection (2) 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) A concealed weapons licensing board shall not require that
a specific form, color, wording, or other content appear on a
certificate of completion, except as provided in subsection (5),
and shall accept as valid a certificate of completion issued prior
to the effective date of the amendatory act that added this
subsection that contains an inaccurate reference or no reference to
this section but otherwise complies with this section.
(5)
Beginning October 1, 2004, a concealed weapons licensing
board
the secretary of state shall require that a certificate of
completion contain the statement, "This course complies with
section 5j of 1927 PA 372.".
Sec. 5k. (1) Acceptance of a license issued under this act to
carry a concealed pistol constitutes implied consent to submit to a
chemical analysis under this section. This section also applies to
individuals
listed in section 12a(a) to (f) 12a(a), (b), (c),
(d), (e), (f), and (i).
(2) An individual shall not carry a concealed pistol while he
or she is under the influence of alcoholic liquor or a controlled
substance or while having a bodily alcohol content prohibited under
this section. A person who violates this section is responsible for
a state civil infraction or guilty of a crime as follows:
(a) If the person was under the influence of alcoholic liquor
or a controlled substance or a combination of alcoholic liquor and
a controlled substance, or had a bodily alcohol content of .10 or
more grams per 100 milliliters of blood, per 210 liters of breath,
or per 67 milliliters of urine, the individual is guilty of a
misdemeanor punishable by imprisonment for not more than 93 days or
$100.00,
or both. The court shall order the concealed weapon
licensing
board that issued the individual a license to carry a
concealed
pistol secretary of state to permanently revoke the
license.
The concealed weapon licensing board secretary of state
shall permanently revoke the license as ordered by the court.
(b) If the person had a bodily alcohol content of .08 or more
but less than .10 grams per 100 milliliters of blood, per 210
liters of breath, or per 67 milliliters of urine, the individual is
guilty of a misdemeanor punishable by imprisonment for not more
than
93 days or $100.00, or both. The court may order the
concealed
weapon licensing board that issued the individual a
license
to carry a concealed pistol secretary of state to revoke
the
license for not more than 3 years. The concealed weapon
licensing
board secretary of state shall revoke the license as
ordered by the court.
(c) If the person had a bodily alcohol content of .02 or more
but less than .08 grams per 100 milliliters of blood, per 210
liters of breath, or per 67 milliliters of urine, the individual is
responsible for a state civil infraction and may be fined not more
than
$100.00. The court may order the concealed weapon licensing
board
that issued the individual the license secretary of state to
revoke
the license for 1 year. The concealed weapon licensing
board
secretary of state shall
revoke the license as ordered by
the
court. The court shall notify the concealed weapon licensing
board
that issued the individual a license to carry a concealed
pistol
secretary of state if an
individual is found responsible
for a subsequent violation of this subdivision.
(3) This section does not prohibit an individual licensed
under this act to carry a concealed pistol who has any bodily
alcohol content from transporting that pistol in the locked trunk
of his or her motor vehicle or another motor vehicle in which he or
she is a passenger 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 or
on a vessel if the pistol is transported unloaded in a locked
compartment or container that is separated from the ammunition for
that pistol.
(4) A peace officer who has probable cause to believe an
individual is carrying a concealed pistol in violation of this
section may require the individual to submit to a chemical analysis
of his or her breath, blood, or urine.
(5) Before an individual is required to submit to a chemical
analysis under subsection (4), the peace officer shall inform the
individual of all of the following:
(a) The individual may refuse to submit to the chemical
analysis, but if he or she chooses to do so, all of the following
apply:
(i) The officer may obtain a court order requiring the
individual to submit to a chemical analysis.
(ii) The refusal may result in his or her license to carry a
concealed pistol being suspended or revoked.
(b) If the individual submits to the chemical analysis, he or
she may obtain a chemical analysis described in subsection (4) from
a person of his or her own choosing.
(6) The collection and testing of breath, blood, and urine
specimens under this section shall be conducted in the same manner
that breath, blood, and urine specimens are collected and tested
for alcohol- and controlled-substance-related driving violations
under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.
(7) If a person refuses to take a chemical test authorized
under this section, the peace officer shall promptly report the
refusal
in writing to the concealed weapon licensing board that
issued
the license to the individual to carry a concealed pistol
secretary of state.
(8) If a person takes a chemical test authorized under this
section and the test results indicate that the individual had any
bodily alcohol content while carrying a concealed pistol, the peace
officer
shall promptly report the violation in writing to the
concealed
weapon licensing board that issued the license to the
individual
to carry a concealed pistol secretary of state.
(9) As used in this section:
(a) "Alcoholic liquor" means that term as defined in section
105 of the Michigan liquor control code of 1998, 1998 PA 58, MCL
436.1105.
(b) "Controlled substance" means that term as defined in
section 7104 of the public health code, 1978 PA 368, MCL 333.7401.
Sec.
5m. A prosecuting attorney shall promptly notify the
county
concealed weapon licensing board that issued the license
secretary of state of a criminal charge against a license holder
for a felony or specified criminal offense as defined in this act.
The
prosecuting attorney shall promptly notify the county
concealed
weapon licensing board that issued the license secretary
of state of the disposition of the criminal charge. If a license
holder is convicted of a crime, the prosecuting attorney's
notification shall indicate if the crime involved the brandishing
or use of a pistol, if a pistol was carried by the license holder
during
the commission of the crime, or if no a pistol was not
carried by the license holder during the commission of the crime.
The
state police secretary
of state shall provide a form for
reporting
purposes. Each year by a date determined by the director
of
the department of state police, the chairperson of the county
concealed
weapon licensing board shall compile and provide a report
to
the department of state police in a format determined by the
director
of the department of state police containing the
information
provided to the concealed weapon licensing board under
this
section, section 5f(6), or section 5k(7) or (8).
Sec. 5o. (1) Subject to subsection (4), an individual licensed
under this act to carry a concealed pistol, or who is exempt from
licensure under section 12a(f), shall not carry a concealed pistol
on the premises of any of the following:
(a) A school or school property except that a parent or legal
guardian of a student of the school is not precluded from carrying
a concealed pistol while in a vehicle on school property, if he or
she is dropping the student off at the school or picking up the
child from the school. As used in this section, "school" and
"school property" mean those terms as defined in section 237a of
the Michigan penal code, 1931 PA 328, MCL 750.237a.
(b) A public or private child care center or day care center,
public or private child caring institution, or public or private
child placing agency.
(c) A sports arena or stadium.
(d) A bar or tavern licensed under the Michigan liquor control
code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, where the
primary source of income of the business is the sale of alcoholic
liquor
by the glass and consumed on the premises. This subdivision
shall
does not apply to an owner
or employee of the business. The
Michigan liquor control commission shall develop and make available
to holders of licenses under the Michigan liquor control code of
1998, 1998 PA 58, MCL 436.1101 to 436.2303, an appropriate sign
stating that "This establishment prohibits patrons from carrying
concealed weapons". The owner or operator of an establishment
licensed under the Michigan liquor control code of 1998, 1998 PA
58,
MCL 436.1101 to 436.2303, may, but shall is not
be required
to, post the sign developed under this subdivision. A record made
available by an establishment licensed under the Michigan liquor
control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303,
necessary to enforce this subdivision is exempt from disclosure
under the freedom of information act, 1976 PA 442, MCL 15.231 to
15.246.
(e) Any property or facility owned or operated by a church,
synagogue, mosque, temple, or other place of worship, unless the
presiding official or officials of the church, synagogue, mosque,
temple, or other place of worship permit the carrying of concealed
pistol on that property or facility.
(f) An entertainment facility with a seating capacity of 2,500
or more individuals that the individual knows or should know has a
seating capacity of 2,500 or more individuals or that has a sign
above each public entrance stating in letters not less than 1-inch
high a seating capacity of 2,500 or more individuals.
(g) A hospital.
(h) A dormitory or classroom of a community college, college,
or university.
(2) An individual licensed under this act to carry a concealed
pistol, or who is exempt from licensure under section 12a(f), shall
not carry a concealed pistol in violation of R 432.1212 or a
successor rule of the Michigan administrative code promulgated
pursuant to the Michigan gaming control and revenue act, the
Initiated Law of 1996, MCL 432.201 to 432.226.
(3) As used in subsection (1), "premises" does not include
parking areas of the places identified under subsection (1).
(4) Subsection (1) does not apply to any of the following:
(a) An individual licensed under this act who is a retired
police
officer or retired law enforcement officer. The concealed
weapon
licensing board secretary of state may require a letter
from the law enforcement agency stating that the retired police
officer or law enforcement officer retired in good standing.
(b) An individual who is licensed under this act and who is
employed or contracted by an entity described under subsection (1)
to provide security services and is required by his or her employer
or the terms of a contract to carry a concealed firearm on the
premises of the employing or contracting entity.
(c) An individual who is licensed as a private investigator or
private detective under the private detective license act, 1965 PA
285, MCL 338.821 to 338.851.
(d) Any of the following who is licensed under this act while
on duty and in the course of his or her employment:
(i) A corrections officer of a county sheriff's department.
(ii) A motor carrier officer or capitol security officer of the
department of state police.
(iii) A member of a sheriff's posse.
(iv) An auxiliary officer or reserve officer of a police or
sheriff's department.
(v) A parole or probation officer of the department of
corrections.
(5) An individual who violates this section is responsible for
a state civil infraction or guilty of a crime as follows:
(a) Except as provided in subdivisions (b) and (c), the
individual is responsible for a state civil infraction and may be
fined not more than $500.00. The court shall order the individual's
license to carry a concealed pistol suspended for 6 months.
(b) For a second violation, the individual is guilty of a
misdemeanor punishable by a fine of not more than $1,000.00. The
court shall order the individual's license to carry a concealed
pistol revoked.
(c) For a third or subsequent violation, the individual is
guilty of a felony punishable by imprisonment for not more than 4
years or a fine of not more than $5,000.00, or both. The court
shall order the individual's license to carry a concealed pistol
revoked.
Sec. 5w. (1) One million dollars is appropriated from the
general fund to the department of state police for the fiscal year
ending September 30, 2001 for all of the following:
(a) Distributing trigger locks or other safety devices for
firearms to the public free of charge.
(b) Providing concealed pistol application kits to county
sheriffs, local police agencies, and county clerks for distribution
under section 5.
(c) The fingerprint analysis and comparison reports required
under section 5b(11).
(d) Photographs required under section 5c.
(e) Creating and maintaining the database required under
section 5e.
(f) Creating and maintaining a database of firearms that have
been reported lost or stolen. Information in the database shall be
made available to law enforcement through the law enforcement
information network.
(g)
Grants to county concealed weapon licensing boards for
expenditure
only to implement this act.
(g) (h)
Training under section 5v(4).
(h) (i)
Creating and distributing the
reporting forms
required under section 5m.
(i) (j)
A public safety campaign regarding
the requirements
of this act.
(2) Pursuant to section 30 of article IX of the state
constitution of 1963, total state spending under subsection (1) for
the fiscal year ending September 30, 2001 is $1,000,000.00.
(3) The appropriations made and the expenditures authorized
under this section and the departments, agencies, commissions,
boards, offices, and programs for which an appropriation is made
under this section are subject to the management and budget act,
1984 PA 431, MCL 18.1101 to 18.1594.
Sec.
6a. (1) A concealed weapons licensing board The
secretary of state may issue to any bank, trust company, armored
car company, railway company, express company, or other company,
institution, copartnership, or individual having in its, their, or
the individual's possession large sums of money or other valuables,
a license authorizing the licensee to equip the premises or
vehicles under its, their, or the individual's control with gas
ejecting devices to be used solely for the purpose of protecting
those premises or vehicles and the persons or property in the
premises or vehicles from criminal assaults.
(2)
The director of the department of state police secretary
of state shall promulgate rules to govern the issuing of the
license and the making of an application for the license. The rules
shall be promulgated pursuant to the administrative procedures act
of
1969, Act No. 306 of the Public Acts of 1969, as amended, being
sections
24.201 to 24.328 of the Michigan Compiled Laws 1969
PA
306,
MCL 24.201 to 24.328. The concealed
weapons licensing board
secretary of state may issue to any company, copartnership, or
individual under the limitations and pursuant to the rules
promulgated by the director of the department of state police a
license authorizing the corporation, copartnership, or individual
to manufacture or sell, or both, a gas ejecting or emitting weapon,
cartridge, or device to any person authorized by law to possess the
weapon, cartridge, or device.
(3) For purposes of this section, "gas ejecting device" means
a device designed for the purpose of rendering a person either
temporarily or permanently disabled by the ejection, release, or
emission of a gas or other substance.
(4) A license shall not be required under this section for the
sale, purchase, or possession of a self-defense spray device, as
defined
in section 224d of the Michigan penal code, Act No. 328 of
the
Public Acts of 1931, being section 750.224d of the Michigan
Compiled
Laws 1931 PA 328, MCL 750.224d.
Sec.
8. (1) The concealed weapon licensing board that issued
a
license to an applicant to carry a concealed pistol secretary
of
state may revoke that license if the board secretary of state
determines that the individual committed any violation of this act
other
than a violation of section 5f(4) or if the board secretary
of state determines that the individual is not eligible under this
act
to receive a license to carry a concealed pistol. If the board
secretary of state determines that the individual has been found
responsible for 3 or more state civil infraction violations of this
act
during the license period, the board secretary of state shall
conduct a hearing and may suspend the individual's license for not
more than 1 year.
(2) Except as provided in subsections (3) and (4), a license
shall not be revoked under this section except upon written
complaint
and an opportunity for a hearing before the board
secretary
of state. The board secretary of state shall give the
individual at least 10 days' notice of a hearing under this
section. The notice shall be by personal service or by certified
mail delivered to the individual's last known address.
(3)
If the concealed weapon licensing board secretary of
state is notified by a law enforcement agency or prosecuting
official that an individual licensed to carry a concealed pistol is
charged
with a felony or misdemeanor as defined in this act, the
concealed
weapon licensing board secretary of state shall
immediately suspend the individual's license until there is a final
disposition of the charge for that offense and send notice of that
suspension to the individual's last known address as indicated in
the
records of the concealed weapon licensing board secretary of
state. The notice shall inform the individual that he or she is
entitled
to a prompt hearing on the suspension, and the concealed
weapon
licensing board secretary of state shall conduct a prompt
hearing if requested in writing by the individual. The requirements
of subsection (2) do not apply to this subsection.
(4)
If the concealed weapon licensing board secretary of
state determines by clear and convincing evidence based on specific
articulable facts that the applicant poses a danger to the
applicant
or to any other person, the concealed weapon licensing
board
secretary of state shall
immediately suspend the
individual's license pending a revocation hearing under this
section.
The concealed weapon licensing board secretary of state
shall send notice of the suspension to the individual's last known
address
as indicated in the records of the concealed weapon
licensing
board secretary of state. The notice shall inform the
individual that he or she is entitled to a prompt hearing on the
suspension,
and the concealed weapon licensing board secretary of
state shall conduct a prompt hearing if requested in writing by the
individual. The requirements of subsection (2) do not apply to this
subsection.
(5)
If the concealed weapon licensing board secretary of
state orders a license suspended or revoked under this section or
amends
a suspension or revocation order, the concealed weapon
licensing
board secretary of state shall immediately notify a law
enforcement
agency having jurisdiction in the county in which the
concealed
weapon licensing board is located licensee resides to
enter the order or amended order into the law enforcement
information network. A law enforcement agency that receives notice
of
an order or amended order under this subsection from a
concealed
weapon licensing board the secretary of state shall
immediately enter the order or amended order into the law
enforcement
information network as requested by that concealed
weapon
licensing board the secretary of state.
(6) 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.
(7) 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.
(8) 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.
(9)
The clerk of the concealed weapon licensing board
secretary of state is authorized to administer an oath to any
individual
testifying before the board secretary
of state at a
hearing under this section.
Enacting section 1. This amendatory act takes effect January
1, 2006.