HB-5969, As Passed Senate, December 18, 2008

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5969

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 2, 5b, 5l, 5o, 8, 9a, and 9b (MCL 28.422,

28.425b, 28.425l, 28.425o, 28.428, 28.429a, and 28.429b), section 2

as amended by 2008 PA 195, section 5b as amended by 2006 PA 350,

section 5l as amended by 2006 PA 456, section 5o as amended by 2008

PA 194, section 8 as amended by 2000 PA 381, and sections 9a and 9b

as added by 1990 PA 320.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 2. (1) Except as otherwise provided in ~~subsection (2)~~

this section, a person shall not purchase, carry, possess, or

transport a pistol in this state without first having obtained a

license for the pistol as prescribed in this section.

(2) A person who brings a pistol into this state who is on

leave from active duty with the armed forces of the United States

or who has been discharged from active duty with the armed forces

of the United States shall obtain a license for the pistol within

30 days after his or her arrival in this state.

(3) The commissioner or chief of police of a city, township,

or village police department that issues licenses to purchase,

carry, possess, or transport pistols, or his or her duly authorized

deputy, or the sheriff or his or her duly authorized deputy, in the

parts of a county not included within a city, township, or village

having an organized police department, in discharging the duty to

issue licenses shall with due speed and diligence issue licenses to

purchase, carry, possess, or transport pistols to qualified

applicants residing within the city, village, township, or county,

as applicable unless he or she has probable cause to believe that

the applicant would be a threat to himself or herself or to other

individuals, or would commit an offense with the pistol that would

violate a law of this or another state or of the United States. An

applicant is qualified if all of the following circumstances exist:

(a) The person is not subject to an order or disposition for

which he or she has received notice and an opportunity for a

hearing, and which was entered into the law enforcement information

network pursuant to any of the following:

(i) Section 464a(1) 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, or section 444a of former 1978 PA

642.

(iii) Section 2950(10) of the revised judicature act of 1961,

1961 PA 236, MCL 600.2950.

(iv) Section 2950a(7) of the revised judicature act of 1961,

1961 PA 236, MCL 600.2950a.

(v) Section 14 of 1846 RS 84, MCL 552.14.

(vi) Section 6b(5) of chapter V of the code of criminal

procedure, 1927 PA 175, MCL 765.6b, if the order has a condition

imposed under section 6b(3) of chapter V of the code of criminal

procedure, 1927 PA 175, MCL 765.6b.

(vii) Section 16b(1) of chapter IX of the code of criminal

procedure, 1927 PA 175, MCL 769.16b.

(b) The person is 18 years of age or older or, if the seller

is licensed ~~pursuant to section 923 of title 18 of the United~~

~~States Code,~~ under 18 USC 923, is 21 years of age or older.

legal resident of this state. For the purposes of this section, a

person shall be considered a legal resident of this state if any of

the following apply:

(i) The person has a valid, lawfully obtained Michigan driver

license issued under the Michigan vehicle code, 1949 PA 300, MCL

257.1 to 257.923, or an official state personal identification card

issued under 1972 PA 222, MCL 28.291 to 28.300.

(ii) The person is lawfully registered to vote in this state.

(iii) The person is on active duty status with the United States

armed forces and is stationed outside of this state, but the

person's home of record is in this state.

(iv) The person is on active duty status with the United States

armed forces and is permanently stationed in this state, but the

person's home of record is in another state.

(d) A felony charge or a criminal charge listed in section 5b

against the person is not pending at the time of application.

(e) The person 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 person has not been adjudged insane in this state or

elsewhere unless he or she has been adjudged restored to sanity by

court order.

(g) The person is not under an order of involuntary commitment

in an inpatient or outpatient setting due to mental illness.

(h) The person has not been adjudged legally incapacitated in

this state or elsewhere. This subdivision does not apply to a

person who has had his or her legal capacity restored by order of

the court.

(i) The person correctly answers 70% or more of the questions

on a basic pistol safety review questionnaire approved by the ~~basic~~

~~pistol safety review board~~ department of state police and provided

to the individual free of charge by the licensing authority. If the

person fails to correctly answer 70% or more of the questions on

the basic pistol safety review questionnaire, the licensing

authority shall inform the person of the questions he or she

answered incorrectly and allow the person to attempt to complete

another basic pistol safety review questionnaire. The person shall

not be allowed to attempt to complete more than 2 basic pistol

safety review questionnaires on any single day. The licensing

authority shall allow the person to attempt to complete the

questionnaire during normal business hours on the day the person

applies for his or her license.

(4) Applications for licenses under this section shall be

signed by the applicant under oath upon forms provided by the

director of the department of state police. Licenses to purchase,

carry, possess, or transport pistols shall be executed in

quadruplicate upon forms provided by the director of the department

of state police and shall be signed by the licensing authority.

Four copies of the license shall be delivered to the applicant by

the licensing authority. A license is void unless used within 10

days after the date it is issued.

(5) If an individual purchases or otherwise acquires a pistol,

the seller shall fill out the license forms describing the pistol,

together with the date of sale or acquisition, and sign his or her

name in ink indicating that the pistol was sold to or otherwise

acquired by the purchaser. The purchaser shall also sign his or her

name in ink indicating the purchase or other acquisition of the

pistol from the seller. The seller may retain a copy of the license

as a record of the transaction. The purchaser shall receive 3

copies of the license. The purchaser shall return 2 copies of the

license to the licensing authority within 10 days after the date

the pistol is purchased or acquired. The return of the copies to

the licensing authority may be made in person or may be made by

first-class mail or certified mail sent within the 10-day period to

the proper address of the licensing authority. A purchaser who

fails to comply with the requirements of this subsection is

responsible for a state civil infraction and may be fined not more

than $250.00. If a purchaser is found responsible for a state civil

infraction under this subsection, the court shall notify the

department of state police of that determination.

(6) Within 48 hours after receiving the license copies

returned under subsection (5), the licensing authority shall

forward 1 copy of the license to the department of state police.

The licensing authority shall retain the other copy of the license

as an official record for not less than 6 years. Within 10 days

after receiving the license copies returned under subsection (5),

the licensing authority shall electronically enter the information

into the pistol entry database as required by the department of

state police if it has the ability to electronically enter that

information. If the licensing authority does not have that ability,

the licensing authority shall provide that information to the

department of state police in a manner otherwise required by the

department of state police. Any licensing authority that provided

pistol descriptions to the department of state police under former

section 9 of this act shall continue to provide pistol descriptions

to the department of state police under this subsection. The

purchaser has the right to obtain a copy of the information placed

in the pistol entry database under this subsection to verify the

accuracy of that information. The licensing authority may charge a

fee not to exceed $1.00 for the cost of providing the copy. The

licensee may carry, use, possess, and transport the pistol for 30

days beginning on the date of purchase or acquisition only while he

or she is in possession of his or her copy of the license. However,

the person is not required to have the license in his or her

possession while carrying, using, possessing, or transporting the

pistol after this period.

(7) This section does not apply to the purchase of pistols

from wholesalers by dealers regularly engaged in the business of

selling pistols at retail, or to the sale, barter, or exchange of

pistols kept as relics or curios not made for modern ammunition or

permanently deactivated. This section does not prevent the transfer

of ownership of pistols that are inherited if the license to

purchase is approved by the commissioner or chief of police,

sheriff, or their authorized deputies, and signed by the personal

representative of the estate or by the next of kin having authority

to dispose of the pistol.

(8) An individual who is not a resident of this state is not

required to obtain a license under this section if all of the

following conditions apply:

(a) The individual is licensed in his or her state of

residence to purchase, carry, or transport a pistol.

(b) The individual is in possession of the license described

in subdivision (a).

possesses, carries, or transports.

(d) The individual possesses the pistol for a lawful purpose

as that term is defined in section 231a of the Michigan penal code,

1931 PA 328, MCL 750.231a.

(e) The individual is in this state for a period of 180 days

or less and does not intend to establish residency in this state.

(9) An individual who is a nonresident of this state shall

present the license described in subsection (8)(a) upon the demand

of a police officer. An individual who violates this subsection is

guilty of a misdemeanor punishable by imprisonment for not more

than 90 days or a fine of not more than $100.00, or both.

(10) The licensing authority may require a person claiming

active duty status with the United States armed forces to provide

proof of 1 or both of the following:

(a) The person's home of record.

(b) Permanent active duty assignment in this state.

(11) This section does not apply to a person who is younger

than the age required under subsection (3)(b) and who possesses a

pistol if all of the following conditions apply:

(a) The person is not otherwise prohibited from possessing

that pistol.

(b) The person is at a recognized target range.

practice or instruction in the safe use of a pistol.

(d) The person's parent or guardian is physically present and

supervising the person.

(e) The owner of the pistol is physically present.

(12) This section does not apply to a person who possesses a

pistol if all of the following conditions apply:

(a) The person is not otherwise prohibited from possessing a

pistol.

(b) The person is at a recognized target range or shooting

facility.

practice or instruction in the safe use of a pistol.

(d) The owner of the pistol is physically present and

supervising the use of the pistol.

(13) ~~(8)~~ The licensing authority shall provide a basic pistol

safety brochure to each applicant for a license under this section

before the applicant answers the basic pistol safety review

questionnaire. A basic pistol safety brochure shall contain, but is

not limited to providing, information on all of the following

subjects:

(a) Rules for safe handling and use of pistols.

(b) Safe storage of pistols.

(d) The responsibilities of owning a pistol.

(14) ~~(9)~~ The basic pistol safety brochure shall be supplied in

addition to the safety pamphlet required by section 9b.

(15) ~~(10)~~ The basic pistol safety brochure required in

subsection ~~(8)~~ (13) shall be produced by a national nonprofit

membership organization that provides voluntary pistol safety

programs that include training individuals in the safe handling and

use of pistols.

(16) ~~(11)~~ A person who forges any matter on an application for

a license under this section is guilty of a felony, punishable by

imprisonment for not more than 4 years or a fine of not more than

$2,000.00, or both.

(17) ~~(12)~~ A licensing authority shall implement this section

during all of the licensing authority's normal business hours and

shall set hours for implementation that allow an applicant to use

the license within the time period set forth in subsection ~~(6)~~ (4).

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. 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 and shall allow

the applicant to designate whether 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 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. Information received 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.

(b) A statement by the applicant that the applicant meets the

criteria for a license under this act to carry a concealed pistol.

weapon licensing board to access any record, including any medical

record, pertaining to the applicant's qualifications for a license

to carry a concealed pistol under this act. The applicant may

request that information received by the concealed weapon licensing

board under this subdivision be reviewed in a closed session. If

the applicant requests that the session be closed, the concealed

weapon licensing board shall close the session only for purposes of

this subdivision. The applicant and his or her representative have

the right to be present in the closed session. Medical records and

personal identifying information received by the concealed weapon

licensing board 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 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 under

this subdivision be reviewed in a closed session. If the applicant

requests that the session be closed, the concealed weapon licensing

board shall close the session only for purposes of this

subdivision. The applicant and his or her representative have the

right to be present in the closed session. Medical records and

personal identifying information received by the concealed weapon

licensing board 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 of the

following:

(i) Any felony.

(ii) A misdemeanor listed under subsection (7)(h) or (i), if

the applicant was convicted of violating that misdemeanor in the 8

years immediately preceding the date of the application.

(f) A statement by the applicant whether he or she has been

dishonorably discharged from the United States armed forces.

(g) 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. Information

received 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.

(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 shall retain a copy

of each application for a license to carry a concealed pistol as an

official record. One year after the expiration of a concealed

pistol license, the county clerk may destroy the record and

maintain only a name index of the record.

(5) Each applicant shall pay a nonrefundable fee of $105.00 by

any method of payment accepted by that county 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 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 shall verify the requirements of subsection (7)(d),

(e), (f), (h), (i), (j), (k), (l), and (m) through the law

enforcement information network and report his or her finding to

the concealed weapon licensing board. If the applicant resides in a

city, village, or township that has a police department, the

concealed weapon licensing board shall contact that city, village,

or township police department to determine only whether that city,

village, or township police department has any information relevant

to the investigation of whether the applicant is eligible under

this act to receive a license to carry a concealed pistol. The

concealed weapon licensing board may require a person claiming

active duty status with the United States armed forces under this

section to provide proof of 1 or both of the following:

(a) The person's home of record.

(b) Permanent active duty assignment in this state.

(7) The concealed weapon licensing board 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 determines that all of the following circumstances exist:

(a) The applicant is 21 years of age or older.

(b) The applicant is a citizen of the United States or is an

alien lawfully admitted into the United States, is a legal resident

of this state, and has resided in this state for not less than the

6 months immediately preceding the date of application. The

concealed weapon licensing board may waive the 6-month residency

requirement for a temporary license under section 5a(8) if the

concealed weapon licensing board determines 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. If the

applicant holds a valid concealed pistol license issued by another

state at the time the applicant's residency in this state is

established, the concealed weapon licensing board may waive the 6-

month waiting period and the applicant may apply for a concealed

pistol license at the time the applicant's residency in this state

is established. The concealed weapon licensing board shall

immediately issue a temporary license to that applicant. The

temporary license shall be valid until the concealed weapon

licensing board decides whether to grant or deny the application.

For the purposes of this section, a person shall be considered a

legal resident of this state if any of the following apply:

(i) The person has a valid, lawfully obtained Michigan driver

license issued under the Michigan vehicle code, 1949 PA 300, MCL

257.1 to 257.923, or official state personal identification card

issued under 1972 PA 222, MCL 28.291 to 28.300.

(ii) The person is lawfully registered to vote in this state.

(iii) The person is on active duty status with the United States

armed forces and is stationed outside of this state, but the

person's home of record is in this state.

(iv) The person is on active duty status with the United States

armed forces and is permanently stationed in this state, but the

person's home of record is in another state.

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 (9)(b) of that

section (operating while intoxicated, second offense).

(iii) Section 625m of the Michigan vehicle code, 1949 PA 300,

MCL 257.625m punishable under subsection (4) of that section (~~drunk~~

~~driving,~~ operating a commercial vehicle with alcohol content,

second offense).

(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~~ operating 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 while under

the influence of intoxicating liquor or a controlled substance with

prior conviction).

(vii) Section 29 of the weights and measures act, 1964 PA 283,

MCL 290.629 (hindering or obstructing certain persons performing

official weights and measures duties).

(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 (operating ORV under the

influence of intoxicating liquor or a controlled substance, 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 of intoxicating liquor or a controlled

substance), punishable as a second or subsequent offense 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) (operating vessel under the influence of

intoxicating liquor or a controlled substance, 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 of

intoxicating liquor or a controlled substance, or while visibly

impaired), punishable under subsection (4) of that section.

(xiv) Section 7 of 1978 PA 33, MCL 722.677 (displaying sexually

explicit matter 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 (breaking and entering or 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 of the Michigan penal code, 1931 PA 328, MCL

750.215 (impersonating peace officer or medical examiner).

(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 use or 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 loaded 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 520e of the Michigan penal code, 1931 PA 328,

MCL 750.520e (fourth degree criminal sexual conduct).

(xliv) (~~xliii~~) Section 1 of 1952 PA 45, MCL 752.861 (reckless,

careless, or negligent use of a firearm resulting in injury or

death).

(xlv) (~~xliv~~) Section 2 of 1952 PA 45, MCL 752.862 (careless,

reckless, or negligent use of a firearm resulting in property

damage).

(xlvi) (~~xlv~~) Section 3a of 1952 PA 45, MCL 752.863a (reckless

discharge of a firearm).

(xlvii) (~~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~~) (xlvi).

(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~~ operator to

submit to a chemical test).

(iii) Section 625k of the Michigan vehicle code, 1949 PA 300,

MCL 257.625k (~~negligently fails to comply~~ ignition interlock device

reporting violation).

(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

(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 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).

(x) Part 74 of the public health code, 1978 PA 368, MCL

333.7401 to 333.7461 (controlled ~~substances~~ substance violation).

(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.

(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 with intent to defraud).

(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 (second degree 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 (larceny-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).~~

(xxii) (~~xxiii~~) Section 535 of the Michigan penal code, 1931 PA

328, MCL 750.535 (receiving stolen property).

(xxiii) (~~xxiv~~) Section 540e of the Michigan penal code, 1931 PA

328, MCL 750.540e (malicious use of telephones).

(xxiv) (~~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~~) (xxiii).

(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 the county concealed weapon licensing boards, 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. Except

as provided in subsection (14), the concealed weapon licensing

board shall not issue a concealed pistol license until it receives

the fingerprint comparison report prescribed in this subsection.

The concealed weapon licensing board may deny a license if an

individual's fingerprints are not classifiable by the federal

bureau of investigation.

(11) The concealed weapon licensing board shall deny a license

to an applicant to carry a concealed pistol if the applicant is not

qualified under subsection (7) to receive that license.

(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 shall issue or deny issuance of a license

within 45 days after the concealed weapon licensing board receives

the fingerprint comparison report provided under subsection (10).

If the concealed weapon licensing board denies issuance of a

license to carry a concealed pistol, the concealed weapon licensing

board 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 within 60 days after the

fingerprint report is forwarded to the department of state police

by the federal bureau of investigation, the concealed weapon

licensing board shall issue a temporary license to carry a

concealed pistol to the applicant if the applicant is otherwise

qualified for a license. A temporary license issued under this

section is valid for 180 days or until the concealed weapon

licensing board receives the fingerprint comparison report provided

under subsection (10) and issues or denies issuance of a license to

carry a concealed pistol as otherwise provided under this act. 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.

(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 for a replacement fee of $10.00.

(16) If a concealed weapons licensing board suspends or

revokes a license issued under this act, the license is forfeited

and shall be returned to the concealed weapon licensing board

forthwith. An individual who fails to return a license as required

under this subsection after he or she was notified that his or her

license was suspended or revoked is guilty of a misdemeanor

punishable by imprisonment for not more than 93 days or a fine of

not more than $500.00, or both.

(17) An applicant or an individual licensed under this act to

carry a concealed pistol may be furnished a copy of his or her

application under this section upon request and the payment of a

reasonable fee.

(18) This section does not prohibit the concealed weapon

licensing board from making public and distributing to the public

at no cost lists of individuals who are certified as qualified

instructors as prescribed under section 5j.

(19) 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.

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. 5l. (1) A license to carry a concealed pistol issued on or

after July 1, 2003 but before July 1, 2006 is valid for 5 years.

(2) ~~(1)~~ A license to carry a concealed pistol issued or

renewed on or after July 1, 2006 is valid until the applicant's

date of birth that falls not less than 4 years or more than 5 years

after the license is issued or renewed, as applicable. Except as

provided in subsections ~~(6)~~ (7) and ~~(7)~~ (8), a renewal of a license

under section 5b shall, except as provided in this section, be

issued in the same manner as an original license issued under

section 5b.

(3) ~~(2)~~ The concealed weapon licensing board shall issue or

deny issuance of a renewal license within 60 days after the

application for renewal is properly submitted. The county clerk

shall issue the applicant a receipt for his or her renewal

application at the time the application is submitted. The receipt

shall contain all of the following:

(a) The name of the applicant.

(b) The date and time the receipt is issued.

(d) A statement that the receipt is for a license renewal.

(e) A statement of whether the applicant qualifies for an

extension under subsection ~~(3)~~ (4).

(f) The name of the county in which the receipt is issued.

(g) An impression of the county seal.

(4) ~~(3)~~ If the concealed weapon licensing board fails to deny

or issue a renewal license to the person within 60 days as required

under subsection ~~(2)~~ (3), the expiration date of the current

license is extended by 180 days or until the renewal license is

issued, whichever occurs first. This subsection does not apply

unless the person pays the renewal fee at the time the renewal

application is submitted and the person has submitted a receipt

from a police agency that confirms that a background check has been

requested by the applicant.

(5) ~~(4)~~ A person carrying a concealed pistol after the

expiration date of his or her license pursuant to an extension

under subsection ~~(3)~~ (4) shall keep the receipt issued by the

county clerk under subsection ~~(2)~~ (3) and his or her expired

license in his or her possession at all times that he or she is

carrying the pistol. For the purposes of this act, the receipt is

considered to be part of the license to carry a concealed pistol

until a renewal license is issued or denied. Failing to have the

receipt and expired license in possession while carrying a

concealed pistol or failing to display the receipt to a peace

officer upon request is a violation of this act.

(6) ~~(5)~~ The educational requirements under section 5b(7)(c)

are waived for an applicant who is a retired police officer or

retired law enforcement officer.

(7) ~~(6)~~ The educational requirements under section 5b(7)(c)

for an applicant who is applying for a renewal of a license under

this act are waived except that the applicant shall certify that he

or she has completed at least 3 hours' review of the training

described under section 5b(7)(c) and has had at least 1 hour of

firing range time in the 6 months immediately preceding the

subsequent application.

(8) ~~(7)~~ Beginning January 1, 2007, an applicant who is

applying for a renewal of a license issued under section 5b is not

required to have fingerprints taken again under section 5b(9) if

all of the following conditions have been met:

(a) There has been established a system for the department of

state police to save and maintain in its automated fingerprint

identification system (AFIS) database all fingerprints that are

submitted to the department of state police under section 5b.

(b) The applicant's fingerprints have been submitted to and

maintained by the department of state police as described in

subdivision (a) for ongoing comparison with the automated

fingerprint identification system (AFIS) database.

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(1)(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.

(d) A bar or tavern licensed under the Michigan liquor control

code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, where the

primary source of income of the business is the sale of alcoholic

liquor by the glass and consumed on the premises. This subdivision

does not apply to an owner or employee of the business. The

Michigan liquor control commission shall develop and make available

to holders of licenses under the Michigan liquor control code of

1998, 1998 PA 58, MCL 436.1101 to 436.2303, an appropriate sign

stating that "This establishment prohibits patrons from carrying

concealed weapons". The owner or operator of an establishment

licensed under the Michigan liquor control code of 1998, 1998 PA

58, MCL 436.1101 to 436.2303, may, but is not required to, post the

sign developed under this subdivision. 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(1)(f),

shall not carry a concealed pistol in violation of R 432.1212 or a

successor rule of the Michigan administrative code promulgated

under the Michigan gaming control and revenue act, 1996 IL 1, MCL

432.201 to 432.226.

(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 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.

private detective under the ~~private detective license~~ professional

investigator licensure act, 1965 PA 285, MCL 338.821 to 338.851.

~~(d) Any of the following who is licensed under this act:~~

(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.~~

(d) An individual who is licensed under this act and who is a

corrections officer of a county sheriff's department.

(e) An individual who is licensed under this act and who is a

motor carrier officer or capitol security officer of the department

of state police.

(f) An individual who is licensed under this act and who is a

member of a sheriff's posse.

(g) An individual who is licensed under this act and who is an

auxiliary officer or reserve officer of a police or sheriff's

department.

(h) An individual who is licensed under this act and who is a

parole or probation officer of the department of corrections.

(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.

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. 8. (1) The concealed weapon licensing board that issued a

license to an ~~applicant~~ individual to carry a concealed pistol may

revoke that license if the board determines that the individual

committed any violation of this act other than a violation of

section 5f(4). ~~or if the board determines that the individual is~~

~~not eligible under this act to receive a license to carry a~~

~~concealed pistol.~~ If the board 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 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), and (5), a

license shall not be revoked under this section except upon written

complaint and an opportunity for a hearing before the board. The

board 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 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 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. 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 shall conduct a prompt hearing if

requested in writing by the individual. The requirements of

subsection (2) do not apply to this subsection.

(4) The concealed weapon licensing board that issued a license

to an individual to carry a concealed pistol shall revoke that

license if the board determines that the individual is not eligible

under this act to receive a license to carry a concealed pistol.

The concealed weapon licensing board shall immediately send notice

of the fact of and the reason for the revocation under this

subsection by first-class mail to the individual's last known

address as indicated on the records of the concealed weapon

licensing board. The requirements of subsection (2) do not apply to

this subsection.

(5) ~~(4)~~ If the concealed weapon licensing board 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 shall immediately

suspend the individual's license pending a revocation hearing under

this section. The concealed weapon licensing board shall send

notice of the suspension to the individual's last known address as

indicated in the records of the concealed weapon licensing board.

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 shall conduct a prompt hearing if requested in

writing by the individual. The requirements of subsection (2) do

not apply to this subsection.

(6) ~~(5)~~ If the concealed weapon licensing board orders a

license suspended or revoked under this section or amends a

suspension or revocation order, the concealed weapon licensing

board shall immediately notify a law enforcement agency having

jurisdiction in the county in which the concealed weapon licensing

board is located 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 shall immediately enter the

order or amended order into the law enforcement information network

as requested by that concealed weapon licensing board.

(7) ~~(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.

(8) ~~(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.

(9) ~~(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.

(10) ~~(9)~~ The clerk of the concealed weapon licensing board is

authorized to administer an oath to any individual testifying

before the board at a hearing under this section.

Sec. 9a. ~~(1) The basic pistol safety review board is created~~

~~in the department of state police. The board shall consist of the~~

~~following members:~~

~~(a) The director of the department of state police or his or~~

~~her representative.~~

~~(b) The director of the department of natural resources or his~~

~~or her representative.~~

~~(c) One person appointed by the governor with the advice and~~

~~consent of the senate representing the interests of organizations~~

~~involved in shooting sports.~~

~~(d) One person appointed by the governor with the advice and~~

~~consent of the senate representing the interests of a statewide~~

~~conservation organization.~~

~~(e) One person appointed by the governor with the advice and~~

~~consent of the senate representing the interests of the public.~~

~~(2) The director of the department of state police shall chair~~

~~the basic pistol safety board.~~

~~(3)~~ The ~~basic pistol safety board~~ department of state police

shall do all of the following:

(a) Approve a pamphlet on basic pistol safety for distribution

to entities authorized to issue licenses under section 2.

(b) Approve basic pistol safety questionnaires for

distribution to entities authorized to issue licenses under section

2. The ~~board~~ department of state police shall approve a

questionnaire under this subdivision only if both of the following

circumstances exist:

(i) The questionnaire only addresses material covered in the

pamphlet approved ~~pursuant to~~ under subdivision (a).

(ii) The questionnaire reasonably examines the knowledge of

pistol safety of individuals who are required to answer

questionnaires.

~~(c) Upon the expiration of 90 days after the effective date of~~

~~the amendatory act that added this section, provide the department~~

~~of state police with master copies of the basic pistol safety~~

~~pamphlet and basic pistol safety questionnaires for printing by the~~

~~department of state police and for distribution by the department~~

~~of state police to entities authorized to issue licenses under~~

~~section 2.~~

Sec. 9b. The department of state police shall print the basic

pistol safety pamphlet and basic pistol safety questionnaires

approved by the ~~basic pistol safety review board~~ department of

state police, and shall distribute the pamphlet and the

questionnaires free of charge to entities authorized to issue

licenses under section 2. ~~The department of state police shall~~

~~distribute copies of the basic pistol safety pamphlet and the~~

~~questionnaires within 90 days after the department of state police~~

~~receives the master copies from the basic pistol safety review~~

~~board.~~

Enacting section 1. This amendatory act does not take effect

unless Senate Bill No. 505 of the 94th Legislature is enacted into

law.