SENATE BILL No. 1058

 

 

January 14, 2010, Introduced by Senator JELINEK and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1927 PA 372, entitled

 

"An act to regulate and license the selling, purchasing,

possessing, and carrying of certain firearms and gas ejecting

devices; to prohibit the buying, selling, or carrying of certain

firearms and gas ejecting devices without a license or other

authorization; to provide for the forfeiture of firearms under

certain circumstances; to provide for penalties and remedies; to

provide immunity from civil liability under certain circumstances;

to prescribe the powers and duties of certain state and local

agencies; to prohibit certain conduct against individuals who apply

for or receive a license to carry a concealed pistol; to make

appropriations; to prescribe certain conditions for the

appropriations; and to repeal all acts and parts of acts

inconsistent with this act,"

 

by amending section 5l (MCL 28.425l), as amended by 2008 PA 406.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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) 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 in the fifth

 

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

 

as provided in subsections (7) and (8), a The renewal of a license

 

issued 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) 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.

 

     (c) The amount paid.

 

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

 

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

 

extension under subsection (4).

 

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

 

     (g) An impression of the county seal.

 

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

 

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

 

under subsection (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) A person carrying a concealed pistol after the expiration

 

date of his or her license pursuant to an extension under

 

subsection (4) shall keep the receipt issued by the county clerk

 

under subsection (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) 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) 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) 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 A system 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.