SB-0059, As Passed House, December 13, 2012

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 59

A bill to amend 1927 PA 372, entitled

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

possessing, and carrying of certain firearms, gas ejecting devices,

and electro-muscular disruption devices; to prohibit the buying,

selling, or carrying of certain firearms, gas ejecting devices, and

electro-muscular disruption devices without a license or other

authorization; to provide for the forfeiture of firearms and

electro-muscular disruption devices 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 1, 2a, 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5j, 5k,

5l, 5m, 5o, and 8 (MCL 28.421, 28.422a, 28.424, 28.425, 28.425a,

28.425b, 28.425c, 28.425d, 28.425e, 28.425f, 28.425j, 28.425k,

28.425l, 28.425m, 28.425o, and 28.428), section 1 as amended by 2012

PA 243, section 2a as amended by 2010 PA 210, section 4 as added by

1992 PA 219, sections 5, 5a, 5e, and 5m as added by 2000 PA 381,

sections 5b and 8 as amended by 2008 PA 406, sections 5c and 5d as

amended by 2002 PA 719, sections 5f, 5k, and 5o as amended by 2012

PA 123, section 5j as amended by 2004 PA 254, and section 5l as

amended by 2012 PA 32, and by adding section 5x; and to repeal acts

and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. (1) As used in this act:

(a) "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.

(b) "Firearm" means a weapon from which a dangerous projectile

may be propelled by an explosive, or by gas or air. Firearm does

not include a smooth bore rifle or handgun designed and

manufactured exclusively for propelling by a spring, or by gas or

air, BBs not exceeding .177 caliber.

license to carry a concealed pistol only, 1 of the following:

(i) Through April 30, 2013, the concealed weapon licensing

board having the authority under this act to issue to an applicant

a license to carry a concealed pistol.

(ii) Beginning May 1, 2013, the county sheriff having the

authority under this act to issue to an applicant a license to

carry a concealed pistol.

(d) ~~(c)~~ "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) ~~(d)~~ "Peace officer" means, except as otherwise provided in

this act, an individual who is employed as a law enforcement

officer, as that term is defined under section 2 of the commission

on law enforcement standards act, 1965 PA 203, MCL 28.602, by this

state or another state, a political subdivision of this state or

another state, or the United States, and who is required to carry a

firearm in the course of his or her duties as a law enforcement

officer.

(f) ~~(e)~~ "Pistol" means a loaded or unloaded firearm that is 26

inches or less in length, or a loaded or unloaded firearm that by

its construction and appearance conceals it as a firearm.

(g) ~~(f)~~ "Purchaser" means a person who receives a pistol from

another person by purchase or gift.

(h) ~~(g)~~ "Reserve peace officer", "auxiliary officer", or

"reserve officer" means, except as otherwise provided in this act,

an individual authorized on a voluntary or irregular basis by a

duly authorized police agency of this state or a political

subdivision of this state to act as a law enforcement officer, who

is responsible for the preservation of the peace, the prevention

and detection of crime, and the enforcement of the general criminal

laws of this state, and who is otherwise eligible to possess a

firearm under this act.

(i) ~~(h)~~ "Retired police officer" or "retired law enforcement

officer" means an individual who was a police officer or law

enforcement officer who was certified as described under section 9a

of the commission on the law enforcement standards act, 1965 PA

203, MCL 28.609a, and retired in good standing from his or her

employment as a police officer or law enforcement officer. A police

officer or law enforcement officer retired in good standing if he

or she receives a pension or other retirement benefit for his or

her service as a police officer or law enforcement officer or has

actively maintained a Michigan commission on law enforcement

standards or equivalent state certification for 20 or more

consecutive years.

(j) ~~(i)~~ "Seller" means a person who sells or gives a pistol to

another person.

(k) ~~(j)~~ "State court judge" means a judge of the district

court, circuit court, probate court, or court of appeals or justice

of the supreme court of this state who is serving either by

election or appointment.

(l) ~~(k)~~ "State court retired judge" means a judge or justice

described in subdivision ~~(j)~~ (k) who is retired, or a retired judge

of the recorders court.

(2) A person may lawfully own, possess, carry, or transport as

a pistol a firearm greater than 26 inches in length if all of the

following conditions apply:

(a) The person registered the firearm as a pistol under

section 2 or 2a before January 1, 2013.

(b) The person who registered the firearm as described in

subdivision (a) has maintained registration of the firearm since

January 1, 2013 without lapse.

issued to him or her under section 2 or 2a.

(3) A person who satisfies all of the conditions listed under

subsection (2) nevertheless may elect to have the firearm not be

considered to be a pistol. A person who makes the election under

this subsection shall notify the department of state police of the

election in a manner prescribed by that department.

Sec. 2a. (1) ~~An individual who is licensed under section 5b to~~

~~carry a concealed pistol or who is a federally licensed firearms~~

~~dealer is~~ The following individuals are not required to obtain a

license under section 2 to purchase, carry, possess, use, or

transport a pistol: .

(a) An individual licensed under section 5b.

(b) A federally licensed firearms dealer.

licensed firearms dealer in compliance with 18 USC 922(t).

(2) If an individual ~~licensed under section 5b or a federally~~

~~licensed firearms dealer~~ described in subsection (1) purchases or

otherwise acquires a pistol, the seller shall complete a record in

~~quadruplicate~~ triplicate on a form provided by the department of

state police. The record shall include the purchaser's concealed

weapon license number or, if the purchaser is a federally licensed

firearms dealer, his or her dealer license number. If the purchaser

is not licensed under section 5b and is not a federally licensed

firearms dealer, the record shall include the dealer license number

of the federally licensed firearms dealer who is selling the

pistol. The purchaser shall sign the record. The seller may retain

1 copy of the record. The purchaser shall receive 3 2 copies of the

record and forward ~~2 copies~~ 1 copy to the police department of the

city, village, or township in which the purchaser resides, or, if

the purchaser does not reside in a city, village, or township

having a police department, to the county sheriff, within 10 days

following the purchase or acquisition. The return of the ~~copies~~

copy to the police department or county sheriff 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 police

department or county sheriff. 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. If the purchaser is licensed under section 5b, the court

shall notify the ~~concealed weapon licensing board that issued the~~

~~license~~ licensing authority of that determination.

(3) ~~Within 48 hours after receiving the record copies returned~~

~~under subsection (2), the police department or county sheriff shall~~

~~forward 1 copy of the record to the department of state police. The~~

~~police department or county sheriff shall retain the other copy of~~

~~the record as an official record for not less than 6 years.~~ Within

10 days after receiving the record ~~copies~~ copy returned under

subsection (2), the police department or county sheriff 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 police department

or county sheriff does not have that ability, the police department

or county sheriff shall provide that information to the department

of state police in a manner otherwise required by the department of

state police. Any police department or county sheriff 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. Within 48

hours after entering or otherwise providing the information on the

record copy returned under subsection (2) to the department of

state police, the police department or county sheriff shall forward

the copy of the record to the department of state police. 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 police department or county

sheriff may charge a fee not to exceed $1.00 for the cost of

providing the copy. The purchaser 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 record. However, the person is not required to have the

record in his or her possession while carrying, using, possessing,

or transporting the pistol after this period.

(4) This section does not apply to a person or entity exempt

under section 2(7).

(5) An individual who makes a material false statement on a

sales record under this section is guilty of a felony punishable by

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

$2,500.00, or both.

(6) The department of state police may promulgate rules to

implement this section.

(7) As used in this section, "federally licensed firearms

dealer" means an individual who holds a type 01 dealer license

under 18 USC 923.

Sec. 4. (1) A person who is prohibited from possessing, using,

transporting, selling, purchasing, carrying, shipping, receiving,

or distributing a firearm under section 224f(2) of the Michigan

penal code, ~~Act No. 328 of the Public Acts of 1931, being section~~

~~750.224f of the Michigan Compiled Laws,~~ 1931 PA 328, MCL 750.224f,

may apply to the ~~concealed weapons licensing board~~ licensing

authority in the county in which he or she resides for restoration

of those rights.

(2) Not more than 1 application may be submitted under

subsection (1) in any calendar year. The ~~concealed weapons~~

~~licensing board~~ licensing authority may charge a fee of not more

than $10.00 for the actual and necessary expenses of each

application.

(3) The ~~concealed weapons~~ licensing ~~board~~ authority shall, by

written order, ~~of the board,~~ restore the rights of a person to

possess, use, transport, sell, purchase, carry, ship, receive, or

distribute a firearm if the ~~board~~ licensing authority determines,

by clear and convincing evidence, that all of the following

circumstances exist:

(a) The person properly submitted an application for

restoration of those rights as provided under this section.

(b) The expiration of 5 years after all of the following

circumstances:

(i) The person has paid all fines imposed for the violation

resulting in the prohibition.

(ii) The person has served all terms of imprisonment imposed

for the violation resulting in the prohibition.

(iii) The person has successfully completed all conditions of

probation or parole imposed for the violation resulting in the

prohibition.

person is not likely to act in a manner dangerous to the safety of

other persons.

(4) If the ~~concealed weapons licensing board pursuant to~~

licensing authority under subsection (3) refuses to restore a right

under this section, the person may petition the circuit court for

review of that decision.

Sec. 5. (1) County sheriffs, local police agencies, and county

clerks shall provide concealed pistol application kits during

normal business hours and free of charge to individuals who wish to

apply for licenses to carry concealed pistols. Each kit shall only

contain all of the following:

(a) A concealed pistol license application form provided by

the director of the department of state police.

(b) The fingerprint cards ~~required~~ under section

~~5b(11).~~5b(10), if required.

obtaining a license to carry a concealed pistol, including

information regarding the right to appeal the denial of a license

and the form required for that appeal.

(d) Written information identifying entities that offer the

training required under section 5b(7)(c).

(e) Refund forms for use under sections 5b(14) and 5l(4).

(2) A county sheriff, local police agency, or county clerk

shall not deny an individual the right to receive a concealed

pistol application kit under this section.

(3) An individual who is denied an application kit under this

section and obtains an order of mandamus directing the ~~concealed~~

~~weapon licensing board~~ licensing authority to provide him or her

with the application kit shall be awarded his or her actual and

reasonable costs and attorney fees for obtaining the order.

(4) The department of state police shall provide the

application kits required under this section to county sheriffs,

local law enforcement agencies, and county clerks in sufficient

quantities to meet demand. The department of state police shall not

charge a fee for the kits.

Sec. 5a. (1) ~~Each~~ Through April 30, 2013, each county shall

have a concealed weapon licensing board. The concealed weapon

licensing board of each county shall have the following members:

(a) The county prosecuting attorney or his or her designee.

However, if the county prosecuting attorney decides that he or she

does not want to be a member of the concealed weapon licensing

board, he or she shall notify the county board of commissioners in

writing that he or she does not want to be a member of the

concealed weapon licensing board for the balance of his or her term

in office. The county board of commissioners shall then appoint a

replacement for the prosecuting attorney who is a firearms

instructor who has the qualifications prescribed in section

5j(1)(c). The person who replaces the prosecuting attorney shall

serve on the concealed weapon licensing board in place of the

prosecuting attorney for the remaining term of the county

prosecuting attorney unless removed for cause by the county board

of commissioners. If a vacancy occurs on the concealed weapon

licensing board of the person appointed pursuant to this section

during the term of office of the county prosecuting attorney, the

county board of commissioners shall appoint a replacement person

who is a firearms instructor who has the qualifications prescribed

in section 5j(1)(c).

(b) The county sheriff or his or her designee.

her designee.

(2) If a prosecuting attorney chooses not to be a member of

the concealed weapon licensing board, all of the following apply:

(a) The prosecuting attorney shall be notified of all

applications received by the concealed weapon licensing board.

(b) The prosecuting attorney shall be given an opportunity to

object to granting a license to carry a concealed pistol and

present evidence bearing directly on an applicant's suitability to

carry a concealed pistol safely.

weapon licensing board any information of which he or she has

actual knowledge that bears directly on an applicant's suitability

to carry a concealed pistol safely.

(3) The county prosecuting attorney or his or her designee

shall serve as chairperson of the board unless the prosecuting

attorney does not want to be a member of the concealed weapon

licensing board, in which case the concealed weapon licensing board

shall elect its chairperson. Two members of the concealed weapon

licensing board constitute a quorum of the concealed weapon

licensing board. The business of the concealed weapon licensing

board shall be conducted by a majority vote of all of the members

of the concealed weapon licensing board.

(4) The county clerk shall serve as the clerk of the ~~concealed~~

~~weapon licensing board.~~licensing authority and shall be responsible

for storing and maintaining all records related to the issuance or

denial of a license.

(5) Except as otherwise provided in this act, the ~~concealed~~

~~weapon licensing board~~ licensing authority has exclusive authority

to issue, deny, revoke, or suspend a license to carry a concealed

pistol. The ~~concealed weapon licensing board~~ licensing authority

shall perform other duties as provided by law.

(6) The concealed weapon licensing board may convene not more

than 3 panels to assist the board in evaluating applicants. The

panels shall be composed of representatives as prescribed in

subsection (1). The panels do not have the authority to issue,

deny, revoke, or suspend a license. The authority of any panel

convened under this subsection shall expire not later than 12

midnight April 30, 2013.

(7) The ~~concealed weapon licensing board~~ licensing authority

may investigate the applicant for a license to carry a concealed

pistol. The investigation shall be restricted to determining only

whether the applicant is eligible under this act to receive a

license to carry a concealed pistol, and the investigation

regarding the issuance of a license shall end after that

determination is made. The ~~concealed weapon licensing board~~

licensing authority may require the applicant to appear before the

~~board at a mutually agreed-upon time for a conference~~ licensing

authority for a conference only if the licensing authority has

reason to believe that the applicant may not be qualified under

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

clerk of the licensing authority shall send the notification to

appear at a conference in a sealed envelope delivered by first-

class mail sent to the applicant's address as shown by the records

of the licensing authority. The notification shall include a

specific statutory citation for each disqualification to be

addressed. The conference shall be held at a date and time that is

mutually agreeable to both the licensing authority and the

applicant. The applicant's failure or refusal to appear without

valid reason before the ~~concealed weapon licensing board~~ licensing

authority as provided in this subsection is grounds for the ~~board~~

licensing authority to deny issuance of a license to carry a

concealed pistol to that applicant.

(8) If the ~~concealed weapon licensing board~~ licensing

authority determines there is probable cause to believe the safety

of the applicant or the safety of a member of the applicant's

family is endangered by the applicant's inability to immediately

obtain a license to carry a concealed pistol, the ~~concealed weapon~~

~~licensing board~~ licensing authority may, pending issuance of a

license, issue a temporary license to the individual to carry a

concealed pistol. A temporary license shall be on a form provided

by the department of state police. A temporary license shall be

unrestricted and shall be valid for not more than 180 days. A

temporary license may be renewed for 1 additional period of not

more than 180 days. A temporary license is, for all other purposes

of this act, a license to carry a concealed pistol.

(9) The legislative service bureau shall compile the firearms

laws of this state, including laws that apply to carrying a

concealed pistol, and shall provide copies of the compilation in an

electronic format to ~~each concealed weapon licensing board in this~~

~~state for distribution under this subsection. A concealed weapon~~

~~licensing board~~ the department of the state police. The department

of state police shall provide a copy of the compiled laws to each

licensing authority and the clerk of each licensing authority in

this state together with information regarding the rights and

responsibilities of applicants, license holders, and licensing

authorities under this act. The department of state police shall

also provide forms to appeal any denial, suspension, or revocation

of a license under this act. The department of state police shall

distribute copies of the compilation, information, and forms

required under this subsection in electronic format to each

licensing authority and the clerk of each licensing authority. The

clerk of a licensing authority shall distribute a copy of the

compilation, information, and forms to each individual who applies

for a license to carry a concealed pistol at the time the

application is submitted. The ~~concealed weapon licensing board~~

clerk of a licensing authority shall require the applicant to sign

a written statement acknowledging that he or she has received a

copy of the compilation, information, and forms provided under this

subsection. An individual is not eligible to receive a license to

carry a concealed pistol until he or she has signed the statement.

(10) Effective 12 midnight April 30, 2013, the county

concealed weapon licensing boards are eliminated and the duties,

functions, and responsibilities of those boards are transferred to

the county sheriffs as provided in this act. Each county concealed

weapon licensing board shall transfer all license applications and

official documents in its possession to the clerk of the licensing

authority of the county in which the board is located no later than

12 midnight April 30, 2013. All pending applications remain in

place, and the sheriff for that county shall process those

applications as provided in this act as licensing authority for

that county. The sheriff shall not charge any additional fee for

receiving or processing an application previously submitted to the

county concealed weapon licensing board, except as otherwise

provided in this act. A license to carry a concealed pistol issued

by a concealed weapon licensing board before 12 midnight April 30,

2013 is valid and remains in effect until the expiration of that

license or as otherwise provided by law.

Sec. 5b. (1) To obtain a license to carry a concealed pistol,

an individual shall apply to the ~~concealed weapon licensing board~~

licensing authority 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 and whether he or she seeks an exemption from

the prohibition against carrying a concealed pistol on the premises

described in section 5o. 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~~ licensing authority 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~~ licensing authority under this

subdivision be reviewed in a closed session. If the applicant

requests that the session be closed, the ~~concealed weapon licensing~~

~~board~~ licensing authority 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~~ licensing authority 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~~ licensing authority 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~~ licensing authority under this subdivision

be reviewed in a closed session. If the applicant requests that the

session be closed, the ~~concealed weapon licensing board~~ licensing

authority 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~~ licensing authority 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. References

under this subdivision shall not be related to the applicant or be

members of the same household as 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.~~or, if the applicant does

not provide his or her own passport-quality photograph, a

photograph of the applicant taken by the clerk of the licensing

authority at no charge or for a reasonable fee. Neither the clerk

nor the licensing authority shall require the applicant to have his

or her photograph taken by the clerk or by any other specific

office or vendor if the applicant provides his or her own

photograph that complies with the requirement of this subdivision.

(j) A signature of the applicant obtained by the county clerk

at the time of application for use on his or her license to carry a

concealed pistol or as otherwise required.

(k) ~~(j)~~ A certificate stating that the applicant has completed

the training course prescribed by this act.

(l) A properly completed refund authorization form signed by

the applicant that will allow the clerk of the licensing authority

to issue any refund to the applicant as required under this act

without additional authorization and without requiring the

applicant to return to the licensing authority or any other entity

to receive the refund.

(2) Neither the licensing authority nor the clerk of the

licensing authority shall require the applicant to submit any

additional forms, documents, letters, or other evidence of

eligibility for obtaining a license to carry a concealed pistol

except as set forth in subsection (1) or as otherwise provided for

in this act. This does not prohibit the applicant from voluntarily

submitting additional documentation if he or she chooses to do so

at his or her own initiative and does not prohibit the licensing

authority from requiring an applicant in writing to provide

additional documentation that is necessary to address a specific

disqualification set forth in this act and identified in a written

notice sent to the applicant under section 5(7). 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~~ licensing authority

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~~ an application

and licensing fee of $105.00 by any method of payment accepted by

that county for payments of other fees and penalties. The fee shall

cover all costs in the application and licensing process through

and including the denial or issuance of a license. 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~~ no other charge, fee, cost, or assessment, including any

local charge, fee, cost, or assessment, shall be required of the

applicant except as specifically authorized in this act. The

application and licensing fee shall be payable to the county. The

county treasurer shall deposit $41.00 of each application and

licensing 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~~ concealed pistol licensing fund created in section 5x.

The county treasurer shall forward the balance remaining 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 shall verify the requirements

of subsection (7)(l). Through April 30, 2013, the county sheriff

shall 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~~

licensing authority 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. In all cases, the

licensing authority shall contact the county sheriff, county

prosecuting attorney, and the state police post having jurisdiction

to determine only whether that county sheriff, county prosecuting

attorney, or state police post 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~~ licensing authority 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~~ licensing authority

shall issue, and the clerk of the licensing authority shall send, 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~~ if the ~~concealed weapon~~

~~licensing board~~ licensing authority 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~~ licensing authority may waive the

6-month residency requirement for a temporary license under section

5a(8) if the ~~concealed weapon licensing board~~ licensing authority

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~~ licensing authority 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~~ licensing

authority shall immediately issue and the clerk of the licensing

authority shall immediately send a temporary license to that

applicant. The temporary license shall be valid until the ~~concealed~~

~~weapon licensing board~~ licensing authority 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~~ under 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~~

~~(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 (operating while license suspended or revoked),~~

~~punishable as a second or subsequent offense.~~

(i) Section 617a (failing to stop when involved in a personal

injury accident), 625(9)(b) (operating while intoxicated, second

offense), 625m(4) (operating a commercial vehicle with alcohol

content, second offense), 626 (reckless driving), or 904(1)

(operating while license suspended or revoked, second or subsequent

offense) of the Michigan vehicle code, 1949 PA 300, MCL 257.617a,

257.625, 257.625m, 257.626, and 257.904.

(ii) (vi) Section ~~185~~ 185(7) 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).

(iii) (~~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).

(iv) (~~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).~~

(v) Section 81134(5) or (6) (operating ORV under the influence

of intoxicating liquor or a controlled substance, second offense),

82127 as punishable under section 82128(1)(b) (operating snowmobile

under the influence of intoxicating liquor or a controlled

substance, second offense), or 80176 as punishable under section

80177(1)(b) (operating vessel under the influence of intoxicating

liquor or a controlled substance, second offense) of the natural

resources and environmental protection act, 1994 PA 451, MCL

324.81134, 324.82127, 324.82128, 324.80176, and 324.80177.

(vi) (~~xii~~) Section 7403 of the public health code, 1978 PA 368,

MCL 333.7403 (possession of controlled substance, controlled

substance analogue, or prescription form).

(vii) (~~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

(operating locomotive under the influence of intoxicating liquor or

a controlled substance, or while visibly impaired, second offense).

(viii) (~~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~~~~) Section 1 of 1952 PA 45, MCL 752.861 (reckless, careless,~~

~~or negligent use of a firearm resulting in injury or death).~~

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

~~or negligent use of a firearm resulting in property damage).~~

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

~~discharge of a firearm).~~

(ix) Section 81 (assault or domestic assault), 81a(1) or (2)

(aggravated assault or aggravated domestic assault), 115 (breaking

and entering or entering without breaking), 136b(8) (fourth degree

child abuse), 145n (vulnerable adult abuse), 157b(3)(b)

(solicitation to commit a felony), 215 (impersonating peace officer

or medical examiner), 223 (illegal sale of a firearm or

ammunition), 224d (illegal use or sale of a self-defense spray),

226a (sale or possession of a switchblade), 227c (improper

transportation of a loaded firearm), 228 (failure to have a pistol

inspected), 229 (accepting a pistol in pawn), 232 (failure to

(improperly obtaining a pistol, making a false statement on an

application to purchase a pistol, or using false identification to

purchase a pistol), 233 (intentionally aiming a firearm without

malice), 234 (intentionally discharging a firearm aimed without

malice), 234d (possessing a firearm on prohibited premises), 234e

(brandishing a firearm in public), 234f (possession of a firearm by

an individual less than 18 years of age), 235 (intentionally

discharging a firearm aimed without malice causing injury), 235a

(parent of a minor who possessed a firearm in a weapon free school

zone), 236 (setting a spring gun or other device), 237 (possessing

a firearm while under the influence of intoxicating liquor or a

controlled substance), 237a (weapon free school zone violation),

335a (indecent exposure), 411h (stalking), or 520e (fourth degree

criminal sexual conduct) of the Michigan penal code, 1931 PA 328,

MCL 750.81, 750.81a, 750.115, 750.136b, 750.145n, 750.157b,

750.215, 750.223, 750.224d, 750.226a, 750.227c, 750.228, 750.229,

750.232, 750.232a, 750.233, 750.234, 750.234d, 750.234e, 750.234f,

750.235, 750.235a, 750.236, 750.237, 750.237a, 750.335a, 750.411h,

and 750.520e.

(x) Section 1 (reckless, careless, or negligent use of a

firearm resulting in injury or death), 2 (careless, reckless, or

negligent use of a firearm resulting in property damage), or 3a

(reckless discharge of a firearm) of 1952 PA 45, MCL 752.861,

752.862, and 752.863a.

(xi) (~~xlvii~~) 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 (~~xlvi~~).(x).

(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 operator to submit to a~~

~~chemical test).~~

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

~~MCL 257.625k (ignition interlock device reporting violation).~~

(iv~~) Section 625~~l ~~of the Michigan vehicle code, 1949 PA 300,~~

~~MCL 257.625~~l ~~(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).~~

(i) Section 625(operating under the influence), 625a (refusal

of commercial vehicle operator to submit to a chemical test), 625k

(ignition interlock device reporting violation), 625l (circumventing

an ignition interlock device), or 625m(3) (operating a commercial

vehicle with alcohol content) of the Michigan vehicle code, 1949 PA

300, MCL 257.625, 257.625a, 257.625k, 257.625l, and 257.625m.

(ii) (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).~~

(iii) Section 81134 (operating ORV under the influence), 81135

(operating ORV while visibly impaired), or 82127 (operating a

snowmobile under the influence) of the natural resources and

environmental protection act, 1994 PA 451, MCL 324.81134,

324.81135, and 324.82127.

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

333.7401 to 333.7461 (controlled substance violation).

(v) (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 (operating locomotive under

the influence).

(~~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 535 of the Michigan penal code, 1931 PA 328, MCL~~

~~750.535 (receiving stolen property).~~

(~~xxiii~~~~) Section 540e of the Michigan penal code, 1931 PA 328,~~

~~MCL 750.540e (malicious use of telephones).~~

(vi) Section 167 (disorderly person), 174 (embezzlement), 218

(false pretenses with intent to defraud), 356 (larceny), 356d(2)

(second degree retail fraud), 359 (larceny from a vacant building

or structure), 362 (larceny by conversion), 362a (larceny –

defrauding lessor), 377a (malicious destruction of property), 380

(malicious destruction of real property), 535 (receiving or

concealing stolen property), or 540e (malicious use of

telecommunications service or device) of the Michigan penal code,

1931 PA 328, MCL 750.167, 750.174, 750.218, 750.356, 750.356d,

750.359, 750.362, 750.362a, 750.377a, 750.380, 750.535, and

750.540e.

(vii) (~~xxiv~~) 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 (~~xxiii~~).(vi).

(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,~~

licensing authorities, 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~~

that classifiable fingerprints be 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, and shall provide a receipt to the

applicant verifying that the fingerprints have been taken under

this subsection. The receipt shall contain a statement that the

applicant should retain the receipt for purposes of obtaining a

refund under subsection (14). County sheriffs and local police

agencies that maintain fingerprinting capability shall provide

reasonable access to fingerprinting services during normal business

hours as is necessary to comply with the requirements of this act.

(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 immediately forward the fingerprints to the federal bureau of

investigation. Within 10 7 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~~ to the appropriate ~~concealed weapon licensing board.~~

licensing authority. Except as provided in subsection (14), the

~~concealed weapon licensing board~~ licensing authority shall not

issue a concealed pistol license until it receives the fingerprint

comparison report prescribed in this subsection. The ~~concealed~~

~~weapon licensing board~~ licensing authority may deny a license if an

individual's fingerprints are not classifiable by the federal

bureau of investigation and a report cannot be obtained based on

the individual's name, date of birth, and other identifying

information.

(11) The ~~concealed weapon licensing board~~ licensing authority

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~~ licensing authority 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)~~ date the applicant has classifiable

fingerprints taken under subsection (9). The licensing authority

shall include an exemption indorsement from the prohibitions

against carrying a concealed pistol on premises described in

section 5o if the applicant requests the exemption indorsement on

his or her application form and is eligible for the exemption under

section 5o(4)(K). If the ~~concealed weapon licensing board~~ licensing

authority denies issuance of a license to carry a concealed pistol,

or denies an exemption under section 5o(4)(k), the ~~concealed weapon~~

~~licensing board~~ licensing authority shall within ~~5 business~~ 7 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~~ If a license is not granted or denied under

subsection (13) within 45 days after the date the applicant has

classifiable fingerprints taken under subsection (9), the clerk of

the licensing authority shall, ~~issue a temporary license to carry a~~

~~concealed pistol to the applicant if the applicant is otherwise~~

~~qualified for a license.~~ within 10 days, issue by mail a temporary

license to carry a concealed pistol to the applicant along with a

refund of the portion of the application and licensing fee

deposited in the concealed pistol licensing fund under subsection

(5) from the account credited to the licensing authority within the

concealed pistol licensing fund to the extent there are sufficient

funds within that account to pay that refund, with any deficit in

that balance being paid from the county general fund. If the clerk

of the licensing authority fails to issue a temporary license and

to refund the licensing authority's portion of the fee within 10

days as provided in this subsection, the clerk shall immediately

issue a temporary license to carry a concealed pistol to the

applicant and shall refund to the applicant the portion of the

application and licensing fee that was credited to the licensing

authority account within the concealed pistol licensing fund and

the portion that was credited to the account of the clerk of the

licensing authority within the concealed pistol licensing fund to

the extent that there are sufficient funds within those accounts to

pay that refund. Any deficit in either account balance shall be

paid from the county general fund. If the licensing authority fails

to issue a license on grounds that it has not received the

fingerprint comparison report required under subsection (10), the

clerk of the licensing authority may require the applicant to show

his or her receipt for having those prints taken under subsection

(9) before providing a refund under this subsection. The department

of state police shall prepare a form for obtaining refunds under

this subsection and shall include the form in concealed pistol

application kits provided under section 5. A temporary license

issued under this section is valid ~~for~~ until the expiration of 180

days after the date the temporary license is issued or until the

~~concealed weapon licensing board receives the fingerprint~~

~~comparison report provided under subsection (10) and~~ licensing

authority issues or denies issuance of a license to carry a

concealed pistol as otherwise provided under this act, whichever

occurs first. A temporary license issued under this subsection

shall state on its face that it is a temporary license. 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.~~clerk of the licensing authority by

mail or in person. The clerk or the licensing authority shall not

charge a fee for issuing a license to carry a concealed pistol if

the temporary license was surrendered as required under this

subsection.

(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~~ licensing

authority suspends or revokes a license issued under this act, the

license is forfeited and shall be returned to the ~~concealed weapon~~

~~licensing board~~ clerk of the licensing authority 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~~ licensing authority 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) An individual who applies for and is granted an exemption

from section 5o at the time the individual applies for an original

or renewal license under this section shall not be required to pay

any additional fee. An individual who holds a valid license and who

applies for an exemption from section 5o at a time other than at

the time the individual applies for an original or renewal license

under this section may be required to pay a fee of not more than

$20.00 for both receiving and processing the application for the

exemption and the issuance of a replacement license. The exemption

shall appear as an indorsement on the face of the license. The fee

collected under this subsection shall be deposited in the concealed

pistol licensing fund created under section 5x and divided equally

to the accounts of the licensing authority and the clerk of the

licensing authority unless the authority to issue the exemption was

delegated to the clerk.

(20) A county clerk issuing an initial license, renewal

license, temporary license, or replacement license under this act

shall mail the license to the licensee by first-class mail in a

sealed envelope. However, a county clerk issuing a reinstated

license to an individual whose license was suspended shall not mail

the reinstated license in the manner described in this subsection,

but shall provide the reinstated license to the individual in

person only upon the payment of the fee under section 8(7). This

subsection does not prohibit a licensing authority or a clerk from

issuing a replacement license in person at the time of application

for a replacement license or an exemption endorsement, or

immediately upon conclusion of a conference between the licensing

authority and the applicant during which a license has been

approved or reinstated.

(21) A licensing authority or the clerk of a licensing

authority is not liable for civil damages as a result of the

issuance of a license under this act to an individual who later

commits a crime or a negligent act.

(22) ~~(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. 5c. (1) A license to carry a concealed pistol shall be in

a form, with the same dimensions as a Michigan operator license,

prescribed by the department of state police. Beginning May 1,

2013, the license shall be constructed of plastic laminated paper

or hard plastic. No additional fee shall be charged for the license

unless otherwise prescribed in this act. A fee not to exceed $10.00

may be charged for an optional hard plastic license only if the

clerk of the licensing authority also provides the option of

obtaining a plastic laminated paper license at no charge. The

license shall contain all of the following:

(a) The licensee's full name and date of birth.

(b) A photograph and a physical description of the licensee.

(d) An indication of exceptions authorized by this act

applicable to the licensee, including whether the individual is

exempt from the prohibitions set forth in section 5o.

(e) An indication whether the license is a duplicate.

(2) Subject to section 5o and except as otherwise provided by

law, a license to carry a concealed pistol issued by the ~~county~~

~~concealed weapon licensing board~~ licensing authority authorizes the

licensee to do all of the following:

(a) Carry a pistol concealed on or about his or her person

anywhere in this state.

(b) Carry a pistol in a vehicle, whether concealed or not

concealed, anywhere in this state.

Sec. 5d. (1) If the ~~concealed weapon licensing board~~ licensing

authority denies issuance of a license to carry a concealed pistol,

or fails to issue that license or fails to provide an exemption

from the prohibitions set forth in section 5o as provided in this

act, the applicant may appeal the denial or the failure to issue

the license or to provide an exemption to the circuit court in the

judicial circuit in which he or she resides. The appeal of the

denial or failure to issue a license or to provide an exemption

shall be determined by a review of the record for error, except

that if the decision of the ~~concealed weapon licensing board~~

licensing authority was based upon grounds specified in section

5b(7)(n) that portion of the appeal shall be by hearing de novo.

Witnesses in the hearing shall be sworn. A jury shall not be

provided in a hearing under this section.

(2) If the court determines that the denial or failure to

issue a license or to provide an exemption was clearly erroneous or

was arbitrary and capricious, the court shall order the ~~concealed~~

~~weapon licensing board~~ licensing authority to issue a license or

grant an exemption as required by this act.

(3) If the court under subsection (2) determines that the

~~decision of the concealed weapon licensing board to deny issuance~~

of denial or failure to issue a license to an applicant or to

provide an exemption was clearly erroneous or was arbitrary and

capricious, the court shall order ~~this state to pay 1/3 and~~ the

county in which the ~~concealed weapon licensing board~~ licensing

authority is located to pay ~~2/3~~ all of the actual costs and actual

attorney fees of the applicant in appealing the denial. If the

applicant is entitled to a refund of his or her application fee

under section 5b(14) or 5l(4), and the refund was not paid, the

court shall also order the county to pay the refund to the

applicant. All costs, fees, and refunds awarded to the applicant

under this subsection shall be paid out of the concealed pistol

licensing fund if a sufficient balance exists in that fund, or out

of the county general fund if a sufficient balance does not exist

in the concealed pistol licensing fund. The court shall make a

determination as to the responsibility or proportion of

responsibility between the licensing authority and the clerk of the

licensing authority for the denial of the license or the failure to

issue the license or to provide an exemption when awarding costs,

fees, and refunds under this subsection and shall order the award

to be paid out of the respective accounts within the concealed

pistol licensing fund to the extent that there are sufficient funds

within the accounts to pay those awards. Any deficit in either

account balance shall be ordered to be paid from the county general

fund.

~~(4) If the court determines that an applicant's appeal was~~

~~frivolous, the court shall order the applicant to pay the actual~~

~~costs and actual attorney fees of the concealed weapon licensing~~

~~board in responding to the appeal.~~

Sec. 5e. (1) The department of state police shall create and

maintain a computerized database of individuals who apply under

this act for a license to carry a concealed pistol. The database

shall contain only the following information as to each individual:

(a) The individual's name, date of birth, address, and county

of residence.

(b) If the individual is licensed to carry a concealed pistol

in this state, the license number, ~~and~~ date of expiration, and any

exemptions on the license.

was denied a license to carry a concealed pistol after ~~the~~

~~effective date of the amendatory act that added this subdivision,~~

July 1, 2001 a statement of the reasons for that denial.

(d) A statement of all criminal charges pending and criminal

convictions obtained against the individual during the license

period.

(e) A statement of all determinations of responsibility for

civil infractions of this act pending or obtained against the

individual during the license period.

(2) If an individual who was denied a license to carry a

concealed pistol after ~~the effective date of the amendatory act~~

~~that added this subsection~~ July 1, 2001 is subsequently issued a

license to carry a concealed pistol, the department of state police

shall delete from the computerized database the previous reasons

for the denial.

(3) The department of state police shall enter the information

described in subsection (1)(a) and (b) into the law enforcement

information network.

(4) Information in the database, compiled under subsections

(1) through (3), is confidential, is not subject to disclosure

under the freedom of information act, 1976 PA 442, MCL 15.231 to

15.246, and shall not be disclosed to any person except for

purposes of this act or for law enforcement purposes. The

information compiled under subsection (5) is subject to disclosure

under the freedom of information act, 1976 PA 442, MCL 15.231 to

15.246.

(5) The department of state police shall file an annual report

with the secretary of the senate and the clerk of the house of

representatives setting forth all of the following information for

each ~~county concealed weapon licensing board:~~licensing authority:

(a) The number of concealed pistol applications received.

(b) The number of concealed pistol licenses issued.

(d) Categories for denial under subdivision (c).

(e) The number of concealed pistol licenses suspended or

revoked.

(f) Categories for suspension or revocation under subdivision

(e).

(g) The number of applications pending at the time the report

is made.

(h) The mean and median amount of time and the longest and

shortest amount of time used by the federal bureau of investigation

to supply the fingerprint comparison report required in section

~~5b(11).~~ 5b(10). The department may use a statistically significant

sample to comply with this subdivision.

(i) The number of charges of state civil infractions of this

act or charges of criminal violations, categorized by offense,

filed against individuals licensed to carry a concealed pistol that

resulted in a finding of responsibility or a criminal conviction.

The report shall indicate the number of crimes in each category of

criminal offense that involved the brandishing or use of a pistol,

the number that involved the carrying of a pistol by the license

holder during the commission of the crime, and the number in which

no pistol was carried by the license holder during the commission

of the crime. The report shall also indicate the total number of

individuals charged and the total number of those individuals found

responsible or convicted.

(j) The number of pending criminal charges, categorized by

offense, against individuals licensed to carry a concealed pistol.

(k) The number of criminal cases dismissed, categorized by

offense, against individuals licensed to carry a concealed pistol.

(l) The number of cases filed against individuals licensed to

carry a concealed pistol for criminal violations that resulted in a

finding of not responsible or not guilty, categorized by offense.

(m) For the purposes of subdivisions (i), (j), (k), and (l),

the department of state police shall use the data provided under

section 5m.

(n) The number of suicides by individuals licensed to carry a

concealed pistol.

(o) Actual costs incurred per permit for each county.

Sec. 5f. (1) An individual who is licensed under this act to

carry a concealed pistol shall have his or her license to carry

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

carrying a concealed pistol or a portable device that uses electro-

muscular disruption technology.

(2) An individual who is licensed under this act to carry a

concealed pistol and who is carrying a concealed pistol or a

portable device that uses electro-muscular disruption technology

shall show both of the following to a peace officer upon request by

that peace officer:

(a) His or her license to carry a concealed pistol.

(b) His or her driver license or Michigan personal

identification card.

(3) An individual licensed under this act to carry a concealed

pistol and who is carrying a concealed pistol or a portable device

that uses electro-muscular disruption technology and who is stopped

by a peace officer shall immediately disclose to the peace officer

that he or she is carrying a pistol or a portable device that uses

electro-muscular disruption technology concealed upon his or her

person or in his or her vehicle.

(4) An individual who violates subsection (1) or (2) is

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

than $100.00.

(5) An individual who violates subsection (3) is responsible

for a state civil infraction and may be fined as follows:

(a) For a first offense, by a fine of not more than $500.00 or

by the individual's license to carry a concealed pistol being

suspended for 6 months, or both.

(b) For a subsequent offense within 3 years of a prior

offense, by a fine of not more than $1,000.00 and by the

individual's license to carry a concealed pistol being revoked.

(6) If an individual is found responsible for a state civil

infraction under this section, the court shall notify the

department of state police and the ~~concealed weapon~~ licensing ~~board~~

authority that issued the license of that determination.

(7) A pistol or portable device that uses electro-muscular

disruption technology carried in violation of this section is

subject to immediate seizure by a peace officer. If a peace officer

seizes a pistol or portable device that uses electro-muscular

disruption technology under this subsection, the individual has 45

days in which to display his or her license or documentation to an

authorized employee of the law enforcement entity that employs the

peace officer. If the individual displays his or her license or

documentation to an authorized employee of the law enforcement

entity that employs the peace officer within the 45-day period, the

authorized employee of that law enforcement entity shall return the

pistol or portable device that uses electro-muscular disruption

technology to the individual unless the individual is prohibited by

law from possessing a firearm or portable device that uses electro-

muscular disruption technology. If the individual does not display

his or her license or documentation within the 45-day period, the

pistol or portable device that uses electro-muscular disruption

technology is subject to forfeiture as provided in section 5g. A

pistol or portable device that uses electro-muscular disruption

technology is not subject to immediate seizure under this

subsection if both of the following circumstances exist:

(a) The individual has his or her driver license or Michigan

personal identification card in his or her possession when the

violation occurs.

(b) The peace officer verifies through the law enforcement

information network that the individual is licensed under this act

to carry a concealed pistol.

(8) As used in this section, "peace officer" includes a motor

carrier officer appointed under section 6d of 1935 PA 59, MCL

28.6d, and security personnel employed by the state under section

6c of 1935 PA 59, MCL 28.6c.

Sec. 5j. (1) A pistol training or safety program described in

section 5b(7)(c) meets the requirements for knowledge or training

in the safe use and handling of a pistol only if the ~~program~~

~~consists~~ training was provided within 5 years preceding the date of

application and consisted of not less than 8 hours of instruction

and all of the following conditions are met:

(a) The program is certified by this state or a national or

state firearms training organization and provides 5 hours of

instruction in, but is not limited to providing instruction in, all

of the following:

(i) The safe storage, use, and handling of a pistol including,

but not limited to, safe storage, use, and handling to protect

child safety.

(ii) Ammunition knowledge, and the fundamentals of pistol

shooting.

(iii) Pistol shooting positions.

(iv) Firearms and the law, including civil liability issues and

the use of deadly force. This portion shall be taught by an

attorney or an individual trained in the use of deadly force.

(v) Avoiding criminal attack and controlling a violent

confrontation.

(vi) All laws that apply to carrying a concealed pistol in this

state.

(b) The program provides at least 3 hours of instruction on a

firing range and requires firing at least 30 rounds of ammunition

or, for certificates issued on or after May 1, 2013, provides at

least 3 hours of instruction on a firing range and requires firing

at least 98 rounds of ammunition.

states the program complies with the requirements of this section

and that the individual successfully completed the course, and that

contains the printed name and signature of the course instructor.

~~Not later than October 1, 2004, the~~ The certificate of completion

shall contain the statement, "This course complies with section 5j

of 1927 PA 372.". For certificates issued on or after May 1, 2013,

each certificate shall also contain all of the following

information which shall be printed on the face of the certificate:

(i) The instructor's name and address, and telephone number if

available.

(ii) The name and telephone number of the state agency or a

state or national firearms training organization that has certified

the individual as an instructor for purposes of this section, his

or her instructor certification number, if any, and the expiration

date of that certification.

(iii) The name of the course, if applicable, the total number in

hours of instruction received, and the number of rounds fired.

(d) The instructor of the course is certified by this state or

a state or national firearms training organization to teach the 8-

~~hour~~ pistol safety training ~~course~~ courses described in this

section. The licensing authority shall not require any other

certification or that the instructor register as an instructor with

the county.

(2) A training certificate that does not meet the requirements

under state law applicable at the time the certification was issued

may otherwise meet the requirements of subsection (1)(c) if the

applicant provides information that reasonably demonstrates that

the certificate or the training meets the applicable requirements.

(3) ~~(2)~~ A person shall not do either of the following:

(a) Grant a certificate of completion described under

subsection (1)(c) to an individual knowing the individual did not

satisfactorily complete the course.

(b) Present a certificate of completion described under

subsection (1)(c) to a ~~concealed weapon licensing board~~ licensing

authority knowing that the individual did not satisfactorily

complete the course.

(4) ~~(3)~~ A person who violates subsection ~~(2)~~ (3) 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.

(5) ~~(4)~~ A ~~concealed weapons licensing board~~ licensing

authority shall not require that a specific form, color, wording,

or other content appear on a certificate of completion ~~, except as~~

~~provided in subsection (5), and shall accept as valid a certificate~~

~~of completion issued prior to the effective date of the amendatory~~

~~act that added this subsection that contains an inaccurate~~

~~reference or no reference to this section but otherwise complies~~

~~with this section.~~except as otherwise required under this act.

~~(5) Beginning October 1, 2004, a concealed weapons licensing~~

~~board shall require that a certificate of completion contain the~~

~~statement, "This course complies with section 5j of 1927 PA 372.".~~

Sec. 5k. (1) Acceptance of a license issued under this act to

carry a concealed pistol constitutes implied consent to submit to a

chemical analysis under this section. This section also applies to

individuals listed in section 12a.

(2) An individual shall not carry a concealed pistol or

portable device that uses electro-muscular disruption technology

while he or she is under the influence of alcoholic liquor or a

controlled substance or while having a bodily alcohol content

prohibited under this section. An individual who violates this

section is responsible for a state civil infraction or guilty of a

crime as follows:

(a) If the person was under the influence of alcoholic liquor

or a controlled substance or a combination of alcoholic liquor and

a controlled substance, or had a bodily alcohol content of .10 or

more grams per 100 milliliters of blood, per 210 liters of breath,

or per 67 milliliters of urine, the individual is guilty of a

misdemeanor punishable by imprisonment for not more than 93 days or

$100.00, or both. The court shall order the ~~concealed weapon~~

licensing ~~board that issued the individual a license to carry a~~

~~concealed pistol~~ authority to permanently revoke the license. The

~~concealed weapon~~ licensing ~~board~~ authority shall permanently revoke

the license as ordered by the court.

(b) If the person had a bodily alcohol content of .08 or more

but less than .10 grams per 100 milliliters of blood, per 210

liters of breath, or per 67 milliliters of urine, the individual is

guilty of a misdemeanor punishable by imprisonment for not more

than 93 days or $100.00, or both. The court may order the ~~concealed~~

~~weapon~~ licensing ~~board that issued the individual a license to~~

~~carry a concealed pistol~~ authority to ~~revoke~~ suspend the license

for not more than 3 years. The ~~concealed weapon~~ licensing ~~board~~

authority shall ~~revoke~~ suspend the license as ordered by the court.

but less than .08 grams per 100 milliliters of blood, per 210

liters of breath, or per 67 milliliters of urine, the individual is

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

than $100.00. The court may order the ~~concealed weapon~~ licensing

~~board that issued the individual the license~~ authority to ~~revoke~~

suspend the license for 1 year. The ~~concealed weapon~~ licensing

~~board~~ authority shall ~~revoke~~ suspend the license as ordered by the

court. The court shall notify the ~~concealed weapon~~ licensing ~~board~~

~~that issued the individual a license to carry a concealed pistol~~

authority if an individual is found responsible for a subsequent

violation of this subdivision.

(3) This section does not prohibit an individual licensed

under this act to carry a concealed pistol who has any bodily

alcohol content from doing any of the following:

(a) Transporting that pistol in the locked trunk of his or her

motor vehicle or another motor vehicle in which he or she is a

passenger or, if the vehicle does not have a trunk, from

transporting that pistol unloaded in a locked compartment or

container that is separated from the ammunition for that pistol.

(b) Transporting that pistol on a vessel if the pistol is

transported unloaded in a locked compartment or container that is

separated from the ammunition for that pistol.

disruption technology in the locked trunk of his or her motor

vehicle or another motor vehicle in which he or she is a passenger,

or, if the vehicle does not have a trunk, from transporting that

portable device in a locked compartment or container.

(d) Transporting a portable device using electro-muscular

disruption technology on a vessel if the portable device is

transported in a locked compartment or container.

(4) A peace officer who has probable cause to believe an

individual is carrying a concealed pistol or a portable device

using electro-muscular disruption technology in violation of this

section may require the individual to submit to a chemical analysis

of his or her breath, blood, or urine.

(5) Before an individual is required to submit to a chemical

analysis under subsection (4), the peace officer shall inform the

individual of all of the following:

(a) The individual may refuse to submit to the chemical

analysis, but if he or she chooses to do so, all of the following

apply:

(i) The officer may obtain a court order requiring the

individual to submit to a chemical analysis.

(ii) The refusal may result in his or her license to carry a

concealed pistol being suspended or revoked.

(b) If the individual submits to the chemical analysis, he or

she may obtain a chemical analysis described in subsection (4) from

a person of his or her own choosing.

(6) The collection and testing of breath, blood, and urine

specimens under this section shall be conducted in the same manner

that breath, blood, and urine specimens are collected and tested

for alcohol- and controlled-substance-related driving violations

under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.

(7) If a person refuses to take a chemical test authorized

under this section, the peace officer shall promptly report the

refusal in writing to the ~~concealed weapon~~ licensing ~~board that~~

~~issued the license to the individual to carry a concealed~~

~~pistol.~~authority.

(8) If a person takes a chemical test authorized under this

section and the test results indicate that the individual had any

bodily alcohol content while carrying a concealed pistol, the peace

officer shall promptly report the violation in writing to the

~~concealed weapon~~ licensing ~~board that issued the license to the~~

~~individual to carry a concealed pistol.~~authority.

(9) As used in this section:

(a) "Alcoholic liquor" means that term as defined in section

105 of the Michigan liquor control code of 1998, 1998 PA 58, MCL

436.1105.

(b) "Controlled substance" means that term as defined in

section 7104 of the public health code, 1978 PA 368, MCL 333.7104.

substance" means that the individual's ability to properly handle a

pistol or to exercise clear judgment regarding the use of that

pistol was substantially and materially affected by the consumption

of alcoholic liquor or a controlled substance.

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.~~

(1) ~~(2) An initial~~ Except as otherwise provided in this

subsection, a license to carry a concealed pistol, ~~issued or~~

~~renewed on or after July 1, 2006, other than a license described in~~

~~subsection (1),~~ including a renewal license, 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.

The clerk of the licensing authority shall notify the licensee that

his or her license is about to expire and may be renewed as

provided in this section. The notification shall be sent by the

clerk to the last known address of the licensee as shown on the

records of the licensing authority. The notification shall be sent

in a sealed envelope by first-class mail not less than 3 months or

more than 6 months before the expiration date of the current

license. Except as provided in subsections ~~(8)~~ (7) and ~~(9),~~ (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. An applicant is eligible for a renewal of

a license under this section if his or her license is not expired,

or expired within a 5-year period prior to the date of application

under this section. A license held by a licensee serving in the

United States military that expires while the licensee is on

official deployment orders outside of this state or the continental

United States is automatically extended until 60 days after the end

date of the deployment as provided in the licensee's deployment

orders. A deployed licensee who receives an extension under this

subsection shall have his or her deployment orders in his or her

possession while carrying a concealed pistol during the 60-day

extension period. The 60-day extension provided under this

subsection does not apply to a license for a pistol under section

(2) ~~(3)~~ Subject to subsections ~~(8)~~ (7) and ~~(9),~~ (8), an

application to renew a license to carry a concealed pistol may be

submitted not more than 6 months before the expiration of the

current license. If the ~~concealed weapon~~ licensing ~~board~~ authority

approves the renewal, the effective date of the renewal license is

the date of expiration of the current license or the date of

approval of the renewal, whichever is later, and the date of

expiration is the applicant's date of birth which is not less than

4 years or more than 5 years from the effective date of the

license.

(3) ~~(4)~~ The ~~concealed weapon~~ licensing ~~board~~ authority shall

issue or deny issuance of a renewal license within 60 45 days after

the date of application for renewal ~~is properly submitted.~~ and, if

required for renewal, the submission of classifiable fingerprints

taken under section 5b(9). 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 ~~(5).~~(4).

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

(g) An impression of the county seal.

(4) ~~(5)~~ If the ~~concealed weapon~~ licensing ~~board~~ authority

fails to deny or issue a renewal license to the person within 60 45

days as required under subsection ~~(4),~~(3), the expiration date of

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

license is issued, whichever occurs first, and the clerk of the

licensing authority shall refund the portion of the application and

licensing fee deposited in the concealed pistol licensing fund

under section 5b(5) to the applicant. ~~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.~~The refund shall be paid from

the account credited to the licensing authority within the

concealed pistol licensing fund to the extent there are sufficient

funds within that account to pay the refund with any deficit in

that balance being paid from the county general fund. The refund

shall be paid within 10 days after the expiration of the 45-day

period described in this subsection. If the clerk fails to pay the

refund of the portion of the application and licensing fee

deposited in the concealed pistol licensing fund under section

5b(5) within the 10-day period, the clerk of the licensing

authority shall instead immediately refund to the applicant the

portion of the application and licensing fee that was credited to

the licensing authority and the portion that was credited to the

clerk of the licensing authority within the concealed pistol

licensing fund to the extent there are sufficient funds within each

account to pay the refund with any deficit in that balance of

either account being paid from the county general fund. The

department of state police shall prepare a form for obtaining

refunds under this subsection and shall include the form in

concealed pistol application kits provided under section 5.

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

expiration date of his or her license ~~pursuant to~~ under an

extension under subsection ~~(5)~~ (4) shall keep the receipt issued by

the county clerk under subsection ~~(4)~~ (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) ~~(7)~~ The educational requirements under section 5b(7)(c)

are waived for an applicant who is an active peace officer,

including a federal law enforcement officer or agent, a military

police officer, a retired police officer including a retired

federal law enforcement officer or agent, a retired military police

officer, or a retired law enforcement officer. The licensing

authority may contact the appropriate agency to verify the standing

of the individuals described in this subsection.

(7) ~~(8)~~ 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. Beginning May 1, 2013, the applicant shall

also certify that in the 1 hour or more of firing range time

required by this subsection, the applicant fired at least 98

rounds. The educational and firing range requirements of this

subsection are met if the applicant certifies on the renewal

application form that he or she has complied with the requirements

of this subsection. The licensing authority shall not otherwise

require verification of the statements made under this subsection

and shall not require an applicant to obtain a certificate or

undergo training other than as required by this subsection.

(8) ~~(9) Beginning January 1, 2007, an~~ 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. 5m. ~~A prosecuting attorney~~ The department of state police

shall promptly notify the ~~county concealed weapon~~ licensing ~~board~~

authority of the county that issued the license of a criminal

charge against a license holder for a felony or specified criminal

offense as defined in this act. The ~~prosecuting attorney~~ department

of state police shall promptly notify the ~~county concealed weapon~~

~~licensing board~~ licensing authority of the county that issued the

license of the disposition of the criminal charge. If a license

holder is convicted of a crime, the licensing authority shall

request the prosecuting ~~attorney's notification shall~~ attorney to

indicate if the crime involved the brandishing or use of a pistol,

if a pistol was carried by the license holder during the commission

of the crime, or if no pistol was carried by the license holder

during the commission of the crime. The state police shall provide

a form for reporting purposes. Each year by a date determined by

the director of the department of state police, the ~~chairperson of~~

~~the county concealed weapon licensing board~~ licensing authority

shall compile and provide a report to the department of state

police in a format determined by the director of the department of

state police containing the information provided to the ~~concealed~~

~~weapon licensing board~~ licensing authority under this section,

section 5f(6), or section 5k(7) or (8).

Sec. 5o. (1) Subject to subsection (5), an individual licensed

under this act to carry a concealed pistol, or who is exempt from

licensure under section ~~12a(1)(f),~~ 12a(1)(h), 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) Subject to subsection (5), an individual shall not carry a

portable device that uses electro-muscular disruption technology on

any of the premises described in subsection (1).

(3) 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.

(4) As used in subsection (1), "premises" does not include

parking areas of the places identified under subsection (1).

(5) Subsections (1) and (2) do 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.~~ peace officer,

including a federal law enforcement officer or agent, or a military

police officer, if he or she is in possession of a valid official

identification that identifies him or her as such, or a retired

peace officer, including a retired federal law enforcement officer

or agent, or a retired military police officer, if he or she

retired in good standing. The ~~concealed weapon~~ licensing ~~board may~~

~~require a letter from the law enforcement agency stating that~~

authority may contact the appropriate agency to verify the ~~retired~~

~~police officer or law enforcement officer retired in good~~

~~standing.~~standing of the individuals described in this subdivision.

(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 professional investigator licensure

act, 1965 PA 285, MCL 338.821 to 338.851.

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

corrections officer of a county sheriff's department or who is

licensed under this act and is a retired corrections officer of a

county sheriff's department. The licensing authority may contact

the sheriff's department to verify that the retired corrections

officer retired in good standing.

(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, or corrections officer or absconder recovery

unit member of the department of corrections or who is licensed

under this act and is a retired parole, probation, or corrections

officer or absconder recovery unit member of the department of

corrections. The licensing authority may contact the department of

corrections to verify that the retired parole, probation, or

corrections officer or absconder recovery unit member retired in

good standing.

(i) A state or federal court judge or state or federal court

retired judge who is licensed under this act. ~~The concealed weapon~~

~~licensing board may require a state court retired judge to obtain~~

~~and carry a letter from the judicial tenure commission stating that~~

~~the state court retired judge is in good standing as authorized~~

~~under section 30 of article VI of the state constitution of 1963,~~

~~and rules promulgated under that section, in order to qualify under~~

~~this subdivision.~~

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

court officer.

(k) An individual who applies for and is granted an exemption

from this section by the licensing authority. An individual is

eligible for an exemption from this section only if the individual

requests an exemption on his or her license application and 1 or

more of the following apply:

(i) Except as provided in subsection (6), the individual is a

licensee or is applying for an initial or renewal license or an

exemption under this subdivision who provides a certificate

indicating on its face that the individual has completed not less

than 8 hours of training in addition to the training required under

sections 5b(7)(c) and 5j that satisfies all of the following

conditions:

(A) It includes both classroom and range time.

(B) It includes the firing of not fewer than an additional 94

rounds.

5b(7)(c) as they apply to public places and premises listed in

subsection (1) as limited under subsection (4).

(D) It is provided by an agency of this state or by a national

or state firearms training organization.

(E) The training instructor is certified as a firearms

instructor by this state or by a national or state firearms

training organization and is eligible under section 5j to provide

training under section 5b(7)(c).

(F) The training is completed not more than 5 years

immediately preceding the date of application for an original or

renewal license or an exemption under this subdivision.

(ii) The individual is certified as a firearms instructor by

this state or by a national or state firearms training

organization, and is eligible under section 5j to provide training

under section 5b(7)(c). It is prima facie evidence that the

individual is eligible for an exemption under this subparagraph if

the individual possesses a certificate as a firearms instructor

issued by this state or by a national or state firearms training

organization that meets the requirements of section 5j.

(6) If an individual was granted an exemption from this

section and the individual is applying for a renewal license with

an exception, the educational requirements under subsection

(5)(k)(i) are waived except that the applicant shall certify that he

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

required under subsection (5)(k)(i). For an individual who is a

firearms instructor eligible to provide training under section

5b(7)(c), the educational requirements under subsection (5)(k)(i)

are waived except that the applicant shall certify that he or she

has completed at least 3 hours of review of the training required

to become a firearms instructor under section 5b(7)(c). The

educational requirements of this subsection are met if the

applicant certifies on the renewal application form that he or she

has complied with the requirements of this subsection. The

licensing authority shall not otherwise require verification of the

statements made under this subsection and shall not require an

applicant to obtain a certificate or undergo training other than as

required by this subsection.

(7) The licensing authority may delegate the responsibility

for issuing or denying issuance of an exemption under subsection

(5)(k) to the clerk of the licensing authority for current

licensees only.

(8) The licensing authority or the clerk under subsection (7),

as applicable, shall within 10 days after receiving an application

for an exemption, either issue or deny issuance of the exemption

and send by first-class mail in a sealed envelope a replacement

license to the applicant with the exemption indorsement or, if the

exemption is denied, a notice of denial. If the exemption is

denied, the notice of denial shall specifically state the statutory

authority for the denial. Nothing in this subsection prohibits the

licensing authority or the clerk, as applicable, from making a

determination regarding the exemption at the time the application

is submitted and immediately either issuing a replacement license

to the applicant that contains the exemption indorsement or denying

the exemption and immediately providing the written notice of the

denial, including the statement of the statutory authority for the

denial, to the applicant.

(9) If the licensing authority delegates the responsibility

for issuing or denying issuance of an exemption under section 5o to

the clerk of the licensing authority, the entire fee paid for the

exemption and the replacement license shall be deposited in the

concealed pistol licensing fund and credited to the account

established for the clerk of the licensing authority.

(10) If the applicant is licensed under this act to carry a

concealed pistol at the time he or she is granted an exemption

under section 5o, the applicant shall surrender his or her license

to the licensing authority by mail or in person immediately upon

receiving his or her replacement license containing the exemption

indorsement.

(11) Nothing in this section prohibits a private property

owner from prohibiting an individual from carrying a pistol,

including a pistol that is openly displayed or carried in violation

of subsection (13), on the premises of property described in

subsection (1), and enforcing that prohibition under section 552 of

the Michigan penal code, 1931 PA 328, MCL 750.552.

(12) Nothing in this section prohibits a college or university

that has the autonomous authority under the state constitution of

1963 to enact and enforce an ordinance regulating the possession,

carrying, use, or transportation of a pistol from enacting or

enforcing such an ordinance.

(13) An individual licensed under this act to carry a

concealed pistol, or who is exempt from licensure under section

12a(1)(h), shall not intentionally display or openly carry a pistol

on the premises listed in subsection (1)(a) to (h) unless the

individual owns the premises described in subsection (1) or is

employed or contracted by the owner or other person with control

over the premises described in subsection (1), if the possession of

the firearm is to provide security services for the premises or is

otherwise in the scope of the individual's official duties, or the

individual is acting with the express written consent of the owner

of the premises or an agent of the owner of the premises. This

subsection applies beginning May 1, 2013.

(14) ~~(6)~~ 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. 5x. (1) Each county shall establish a concealed pistol

licensing fund for the deposit of fees collected under this act.

The county treasurer shall direct investment of the concealed

pistol licensing fund and shall credit to the fund interest and

earnings from fund investments.

(2) Money credited to the county concealed pistol licensing

fund shall be expended in compliance with the uniform budgeting and

accounting act, 1968 PA 2, MCL 141.421 to 141.440a, subject to an

appropriation by the county board of commissioners unless otherwise

provided in this act. However, refunds under this act are not

subject to appropriation by the county board of commissioners and

shall be paid regardless of an appropriation by the county board of

commissioners. Expenditures from the county concealed pistol

licensing fund shall be used by the county clerk as clerk of the

licensing authority and by the licensing authority from each of

their respective accounts within the fund only for the cost of

administering this act. Allowable expenditures include, but are not

limited to, paying refunds required under this act and for any of

the following costs of the licensing authority or of the county

clerk or clerk of the licensing authority:

(a) Staffing requirements.

(b) Technology upgrades, including technology to take

fingerprints by electronic means.

(d) Document storage and retrieval systems and system

upgrades.

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

~~license to an individual to carry a concealed pistol~~ licensing

authority may suspend or revoke ~~that~~ a license as permitted under

this act if the ~~board~~ licensing authority determines that the

individual committed any violation of this act other than a

violation of section 5f(4). If the ~~board~~ licensing authority

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~~ licensing authority shall conduct a

hearing and may suspend the individual's license for not more than

1 year.

(2) Except as provided in subsections (3), (4), and (5), a

license shall not be suspended or revoked under this section except

upon written complaint and an opportunity for a hearing ~~before~~

between the licensee and the ~~board.~~ licensing authority. The ~~board~~

licensing authority shall give the individual at least 10 days'

notice of a hearing under this section. The notice shall be by

personal service by the licensing authority or by ~~certified~~ first-

class mail ~~delivered~~ in a sealed envelope sent by the clerk of the

licensing authority to the individual's last known address.

(3) If the ~~concealed weapon licensing board~~ licensing

authority 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~~ licensing authority shall

immediately suspend the individual's license until there is a final

disposition of the charge for that offense and the clerk of the

licensing authority shall send notice by first-class mail in a

sealed envelope of that suspension to the individual's last known

address as indicated in the records of the ~~concealed weapon~~

~~licensing board.~~ licensing authority. 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~~ licensing

authority shall conduct a prompt hearing between the licensee and

the licensing authority if requested in writing by the individual.

~~The~~ Except as provided in subsection (6), 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~~ licensing authority

shall revoke that license if the ~~board~~ licensing authority

determines that the individual is not eligible under this act to

receive a license to carry a concealed pistol. The ~~concealed weapon~~

~~licensing board~~ clerk of the licensing authority shall immediately

send notice of the fact of and the reason for the revocation under

this subsection ~~by first-class mail~~ in a sealed envelope to the

individual's last known address as indicated on the records of the

~~concealed weapon licensing board. The~~ licensing authority. Except

as provided in subsection (6), the requirements of subsection (2)

do not apply to this subsection.

(5) If the ~~concealed weapon licensing board~~ licensing

authority 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~~ licensing authority shall immediately suspend the

individual's license pending a suspension or revocation hearing

under this section. The ~~concealed weapon licensing board~~ clerk of

the licensing authority shall send notice of the suspension to the

individual's last known address as indicated in the records of the

~~concealed weapon licensing board.~~ licensing authority. 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~~

licensing authority shall conduct a prompt hearing if requested in

writing by the individual. ~~The~~ Except as provided in subsection

(6), the requirements of subsection (2) do not apply to this

subsection.

(6) A hearing under this section shall be closed to the public

upon the request of the individual. The individual is entitled to

be represented by legal counsel during the hearing and to present

relevant evidence, including the testimony of witnesses, in his or

her behalf. If a suspension is imposed under this section, the

suspension shall be for a period stated in years, months, or days,

as applicable, or until a specific date. The licensee shall

promptly surrender his or her license to the clerk of the licensing

authority after being notified that his or her license has been

revoked or suspended.

(7) If a licensing authority ordered a license suspended under

this section and that license was surrendered by the licensee, the

licensing authority shall, upon the expiration of the suspension

period, automatically reinstate the license if the license was

suspended as required under subsection (5), is not expired, and the

individual is otherwise qualified to receive a license under this

act to carry a concealed pistol. The clerk of the licensing

authority shall notify the individual by first-class mail in a

sealed envelope sent to the individual's last known address as

shown by the records of the licensing authority that his or her

license has been reinstated. The notice shall be sent within 7 days

after the license is reinstated by the licensing authority. A

licensing authority may charge a fee of not more than $20.00 for

the reinstatement of a revoked or suspended license. The clerk

shall collect any reinstatement fee paid under this subsection for

deposit in the concealed pistol licensing fund, divided equally

between the account of the licensing authority and the clerk.

(8) ~~(6)~~ If the ~~concealed weapon licensing board~~ licensing

authority orders a license suspended, or revoked, or reinstated

under this section or amends a suspension, or revocation, or

reinstatement order, the ~~concealed weapon licensing board~~ licensing

authority shall immediately notify a law enforcement agency having

jurisdiction in the county in which the ~~concealed weapon licensing~~

~~board~~ licensing authority 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~~

licensing authority shall immediately enter the order or amended

order into the law enforcement information network as requested by

that ~~concealed weapon licensing board.~~licensing authority.

(9) ~~(7)~~ 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.

(10) ~~(8)~~ 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.

(11) ~~(9)~~ 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.

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

licensing authority is authorized to administer an oath to any