April 10, 2008, Introduced by Reps. Mayes and Sheltrown and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
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, 8, and 9 (MCL 28.422, 28.425b, 28.428,
and 28.429), section 2 as amended by 2004 PA 101, section 5b as
amended by 2006 PA 350, section 8 as amended by 2000 PA 381, and
section 9 as amended by 2004 PA 100.
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, 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, 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, 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(9) 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 pursuant to 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, 18 USC 923, is 21 years of
age or older.
(c) The person is a citizen of the United States and is a
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 criminal charge 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 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, or transport pistols shall be executed in triplicate upon
forms provided by the director of the department of state police
and shall be signed by the licensing authority. Three copies of the
license shall be delivered to the applicant by the licensing
authority.
(5) Upon the sale of the pistol, the seller shall fill out the
license forms describing the pistol sold, together with the date of
sale, and sign his or her name in ink indicating that the pistol
was sold to the licensee. The licensee shall also sign his or her
name in ink indicating the purchase of the pistol from the seller.
The seller may retain a copy of the license as a record of the sale
of the pistol. The licensee shall return 2 copies of the license to
the licensing authority within 10 days following the purchase of
the pistol.
(6) One copy of the license shall be retained by the licensing
authority as an official record for a period of 6 years. The other
copy of the license shall be forwarded by the licensing authority
within 48 hours to the director of the department of state police.
A license is void unless used within 10 days after the date of its
issue.
(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).
(c) The individual is the owner of the pistol he or she
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 less 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.
(c) The person possesses the pistol for the purpose of target
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.
(c) The person possesses the pistol for the purpose of target
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.
(c) Nomenclature and description of various types 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).
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.
(c) A statement by the applicant authorizing the concealed
weapon licensing board to access any record, including any medical
record, pertaining to the applicant's qualifications for a license
to carry a concealed pistol under this act. The applicant may
request that information received by the concealed weapon licensing
board under this subdivision be reviewed in a closed session. If
the applicant requests that the session be closed, the concealed
weapon licensing board shall close the session only for purposes of
this subdivision. The applicant and his or her representative have
the right to be present in the closed session. 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 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 permit 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.
(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 (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 commercial vehicle while intoxicated, 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.
(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. 8. (1) The concealed weapon licensing board that issued a
license
to an applicant to carry a concealed pistol may shall
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), 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) 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.
(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.
(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 is
authorized to administer an oath to any individual testifying
before the board at a hearing under this section.
Sec.
9. (1) A Except as
provided in subsection (2), a person
within the state who owns or comes into possession of a pistol
shall, if he or she resides in a city, township, or village having
an organized police department, present the pistol for safety
inspection to the commissioner or chief of police of the city,
township, or village police department or to a duly authorized
deputy of the commissioner or chief of police. If that person
resides in a part of the county not included within a city,
township, or village having an organized police department, he or
she shall present the pistol for safety inspection to the sheriff
of the county or to a duly authorized deputy of the sheriff. If the
person presenting the pistol is eligible to possess a pistol under
section 2(1), a certificate of inspection shall be issued in
triplicate on a form provided by the director of the department of
state police, containing the name, age, address, description, and
signature of the person presenting the pistol for inspection,
together with a full description of the pistol. The original of the
certificate shall be delivered to the registrant. The duplicate of
the certificate shall be mailed within 48 hours to the director of
the department of state police and filed and indexed by the
department and kept as a permanent official record. The triplicate
of the certificate shall be retained and filed in the office of the
sheriff, commissioner, or chief of police. This section does not
apply to a wholesale or retail dealer in firearms who regularly
engages in the business of selling pistols at retail, or to a
person who holds a collection of pistols kept for the purpose of
display as relics or curios and that are not made for modern
ammunition or are permanently deactivated.
(2) This section does not apply to a pistol brought into this
state by a nonresident under section 2(8).
(3) (2)
A person who presents a pistol for
a safety inspection
under subsection (1) shall ensure that the pistol is unloaded and
that the pistol is equipped with a trigger lock or other disabling
mechanism or encased when the pistol is presented for inspection. A
person who violates this subsection is responsible for a state
civil infraction and may be ordered to pay a civil fine of not more
than $50.00.