SENATE BILL No. 59

January 25, 2011, Introduced by Senators GREEN, CASPERSON, PAVLOV, ROBERTSON and MOOLENAAR and referred to the Committee on Judiciary.

     A bill to amend 1927 PA 372, entitled

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

possessing, and carrying of certain firearms and gas ejecting

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

firearms and gas ejecting devices without a license or other

authorization; to provide for the forfeiture of firearms under

certain circumstances; to provide for penalties and remedies; to

provide immunity from civil liability under certain circumstances;

to prescribe the powers and duties of certain state and local

agencies; to prohibit certain conduct against individuals who apply

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

appropriations; to prescribe certain conditions for the

appropriations; and to repeal all acts and parts of acts

inconsistent with this act,"

by amending sections 2a, 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5j, 5k, 5l,

5m, 5o, 6a, and 8 (MCL 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, 28.426a, and 28.428), section 2a as amended by

2010 PA 210, section 4 as added by 1992 PA 219, sections 5, 5a, 5e,

5k, and 5m as added by 2000 PA 381, sections 5b, 5l, and 8 as

amended by 2008 PA 406, sections 5c and 5d as amended by 2002 PA

719, section 5f as amended by 2008 PA 194, section 5j as amended by

2004 PA 254, section 5o as amended by 2008 PA 407, and section 6a

as amended by 1991 PA 34, and by adding section 5x.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     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 not required to obtain a license under section 2 to

purchase, carry, possess, or transport a pistol.

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

licensed firearms dealer purchases or otherwise acquires a pistol,

the seller shall complete a record in quadruplicate 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. The purchaser shall sign the record. The

seller may retain 1 copy of the record. The purchaser shall receive

3 copies of the record and forward 2 copies 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 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 or, beginning January 1, 2012, the secretary of state 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 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. 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, through December 31, 2011, apply to the concealed weapons

weapon licensing board in the county in which he or she resides or,

beginning January 1, 2012, apply to the secretary of state for

restoration of those rights.

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

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

licensing board or the secretary of state may charge a fee of not

more than $10.00 for the actual and necessary expenses of each

application.

     (3) The Through December 31, 2011, the concealed weapons

weapon licensing board or, beginning January 1, 2012, the secretary

of state shall, by written order, of the board, restore the rights

of a person to possess, use, transport, sell, purchase, carry,

ship, receive, or distribute a firearm if the board or the

secretary of state determines, by clear and convincing evidence,

that all of the following circumstances exist:

     (a) The person properly submitted an application for

restoration of those rights as provided under this section.

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

circumstances:

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

resulting in the prohibition.

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

for the violation resulting in the prohibition.

     (iii) The person has successfully completed all conditions of

probation or parole imposed for the violation resulting in the

prohibition.

     (c) The person's record and reputation are such that the

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

other persons.

     (4) If the concealed weapons weapon licensing board pursuant

to or the secretary of state 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 forms required under section 5b(11)

5b(10).

     (c) Written information regarding the procedures involved in

obtaining a license to carry a concealed pistol, including

information regarding the right to appeal the denial of a license

and the form required for that appeal.

     (d) Written information identifying entities that offer the

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

     (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 or the secretary of state to provide him or

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

reasonable costs and attorney fees for obtaining the order.

     (4) The department of state police shall provide the

application kits required under this section to county sheriffs,

local law enforcement agencies, and county clerks in sufficient

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

charge a fee for the kits.

     Sec. 5a. (1) Each Through December 31, 2011, 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) 5j(1)(d). 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) 5j(1)(d).

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

     (c) The director of the department of state police or his or

her designee.

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

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

     (a) The prosecuting attorney shall be notified of all

applications received by the concealed weapon licensing board.

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

object to granting a license to carry a concealed pistol and

present evidence bearing directly on an applicant's suitability to

carry a concealed pistol safely.

     (c) The prosecuting attorney shall disclose to the concealed

weapon licensing board any information of which he or she has

actual knowledge that bears directly on an applicant's suitability

to carry a concealed pistol safely.

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

shall serve as chairperson of the board unless the prosecuting

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

licensing board, in which case the concealed weapon licensing board

shall elect its chairperson. Two members of the concealed weapon

licensing board constitute a quorum of the concealed weapon

licensing board. The business of the concealed weapon licensing

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

of the concealed weapon licensing board.

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

weapon licensing board.

     (5) Except as otherwise provided in this act, through December

31, 2011, the concealed weapon licensing board and, beginning

January 1, 2012, the secretary of state has exclusive authority to

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

pistol. The concealed weapon licensing board or the secretary of

state 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.

     (7) The Through December 31, 2011, the concealed weapon

licensing board and, beginning January 1, 2012, the secretary of

state 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 or

the secretary of state may require the applicant to appear before

the board at a mutually agreed-upon time for a conference. The

applicant's failure or refusal to appear without valid reason

before the concealed weapon licensing board or the secretary of

state as provided in this subsection is grounds for the board or

the secretary of state to deny issuance of a license to carry a

concealed pistol to that applicant.

     (8) If Through December 31, 2011, if the concealed weapon

licensing board or, beginning January 1, 2012, if the secretary of

state determines that there is probable cause to believe that 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 or the secretary of state may,

pending issuance of a license, issue a temporary license to the

individual to carry a concealed pistol. A temporary license shall

be on a form provided by the department of state police. A

temporary license shall be unrestricted and shall be valid for not

more than 180 days. A temporary license may be renewed for 1

additional period of not more than 180 days. A temporary license

is, for all other purposes of this act, a license to carry a

concealed pistol.

     (9) The legislative service bureau shall compile the firearms

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

concealed pistol, and shall provide copies of the compilation to

each concealed weapon licensing board in this state, through

December 31, 2011, and, beginning January 1, 2012, to the secretary

of state, for distribution under this subsection. A concealed

weapon licensing board or the secretary of state shall distribute a

copy of the compilation to each individual who applies for a

license to carry a concealed pistol at the time the application is

submitted. The concealed weapon licensing board or the secretary of

state shall require the applicant to sign a written statement

acknowledging that he or she has received a copy of the

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

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

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

an individual shall apply, through December 31, 2011, to the

concealed weapon licensing board in the county in which that

individual resides or, beginning January 1, 2012, to the secretary

of state. The application shall be filed with the county clerk

through December 31, 2011, and with the secretary of state

beginning January 1, 2012, during the county clerk's or secretary

of state's normal business hours. The application shall be on a

form provided by the director of the department of state police and

shall allow the applicant to designate whether the applicant seeks

a temporary license. The application shall be signed under oath by

the applicant. The oath shall be administered by the county clerk

or the secretary of state or his or her representative. The

application shall contain all of the following information:

     (a) The applicant's legal name and date of birth and the

address of his or her primary residence. If the applicant resides

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

name of the police department. Information received under this

subdivision is confidential, is not subject to disclosure under the

freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and

shall not be disclosed to any person except for purposes of this

act or for law enforcement purposes.

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

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

     (c) A statement by the applicant authorizing the concealed

weapon licensing board or the secretary of state to access any

record, including any medical record, pertaining to the applicant's

qualifications for a license to carry a concealed pistol under this

act. The applicant may request that information received by the

concealed weapon licensing board or the secretary of state under

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

requests that the session be closed, the concealed weapon licensing

board or the secretary of state shall close the session only for

purposes of this subdivision. The applicant and his or her

representative have the right to be present in the closed session.

Medical records and personal identifying information received by

the concealed weapon licensing board or the secretary of state

under this subdivision is confidential, is not subject to

disclosure under the freedom of information act, 1976 PA 442, MCL

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

for purposes of this act or for law enforcement purposes or if the

applicant is convicted of a felony involving a pistol.

     (d) A statement by the applicant regarding whether he or she

has a history of mental illness that would disqualify him or her

under subsection (7)(j) to (l) from receiving a license to carry a

concealed pistol, and authorizing the concealed weapon licensing

board or the secretary of state to access the mental health records

of the applicant relating to his or her mental health history. The

applicant may request that information received by the concealed

weapon licensing board or the secretary of state under this

subdivision be reviewed in a closed session. If the applicant

requests that the session be closed, the concealed weapon licensing

board or the secretary of state shall close the session only for

purposes of this subdivision. The applicant and his or her

representative have the right to be present in the closed session.

Medical records and personal identifying information received by

the concealed weapon licensing board or the secretary of state

under this subdivision is confidential, is not subject to

disclosure under the freedom of information act, 1976 PA 442, MCL

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

for purposes of this act or for law enforcement purposes.

     (e) A statement by the applicant regarding whether he or she

has ever been convicted in this state or elsewhere for any of the

following:

     (i) Any felony.

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

the applicant was convicted of violating that misdemeanor in the 8

years immediately preceding the date of the application.

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

dishonorably discharged from the United States armed forces.

     (g) If the applicant seeks a temporary license, the facts

supporting the issuance of that temporary license.

     (h) The names, residential addresses, and telephone numbers of

2 individuals who are references for the applicant. Information

received under this subdivision is confidential, is not subject to

disclosure under the freedom of information act, 1976 PA 442, MCL

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

for purposes of this act or for law enforcement purposes.

     (i) A passport-quality photograph of the applicant provided by

the applicant at the time of application.

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

training course prescribed by this act.

     (2) The application form shall contain a conspicuous warning

that the application is executed under oath and that intentionally

making a material false statement on the application is a felony

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

not more than $2,500.00, or both.

     (3) An individual who intentionally makes a material false

statement on an application under subsection (1) is guilty of a

felony punishable by imprisonment for not more than 4 years or a

fine of not more than $2,500.00, or both.

     (4) The concealed weapon licensing board or the secretary of

state shall retain a copy of each application for a license to

carry a concealed pistol as an official record. One year after the

expiration of a concealed pistol license, the county clerk or the

secretary of state may destroy the record and maintain only a name

index of the record.

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

any method of payment accepted by that county or by the secretary

of state for payments of other fees and penalties. Except for a

local police agency as provided in subsection (9), a unit of local

government, an agency of a unit of local government, or an agency

or department of this state shall not charge an additional fee,

assessment, or other amount in connection with a license under this

section. The Until December 31, 2011, the fee shall be payable to

the county. The county treasurer shall deposit $41.00 of each fee

collected by the county under this section in the general fund of

the county and credit $26.00 of that deposit to the credit of the

county clerk and $15.00 of that deposit to the credit of the county

sheriff and forward the balance to the state treasurer. The state

treasurer shall deposit the balance of the fee collected by the

county 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 Until

December 31, 2011, the balance of the money received under this act

shall be credited to the department of state police. Beginning

January 1, 2012, the fee shall be payable to the state. The state

treasurer shall deposit the fee in the general fund. Of that

amount, $15.00 shall be credited to 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.

     (6) The Through December 31, 2011, the county sheriff on

behalf of the concealed weapon licensing board or, beginning

January 1, 2012, the department of state police on behalf of the

secretary of state shall verify the requirements of subsection

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

enforcement information network and report his or her or its

finding to the concealed weapon licensing board or to the secretary

of state, as applicable. If the applicant resides in a city,

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

weapon licensing board, through December 31, 2011, or, beginning

January 1, 2012, the secretary of state shall contact that city,

village, or township police department to determine only whether

that city, village, or township police department has any

information relevant to the investigation of whether the applicant

is eligible under this act to receive a license to carry a

concealed pistol. The concealed weapon licensing board or the

secretary of state 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 or the secretary of

state shall issue a license to an applicant to carry a concealed

pistol within the period required under this act after the

applicant properly submits an application under subsection (1) and

the concealed weapon licensing board or the secretary of state

determines that all of the following circumstances exist:

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

     (b) The applicant is a citizen of the United States or is 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 or the secretary of state may

waive the 6-month residency requirement for a temporary license

under section 5a(8) if the concealed weapon licensing board or the

secretary of state determines that there is probable cause to

believe that 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 or

the secretary of state 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 or the secretary of state shall immediately

issue a temporary license to that applicant. The temporary license

shall be valid until the concealed weapon licensing board or the

secretary of state decides whether to grant or deny the

application. For the purposes of this section, a person shall be

considered a legal resident of this state if any of the following

apply:

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

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

257.1 to 257.923, or official state personal identification card

issued under 1972 PA 222, MCL 28.291 to 28.300.

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

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

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

person's home of record is in this state.

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

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

person's home of record is in another state.

     (c) The applicant has knowledge and has had training in the

safe use and handling of a pistol by the successful completion of a

pistol safety training course or class that meets the requirements

of section 5j, and that is available to the general public and

presented by a law enforcement agency, junior or community college,

college, or public or private institution or organization or

firearms training school.

     (d) The applicant is not the subject of an order or

disposition under any of the following:

     (i) Section 464a of the mental health code, 1974 PA 258, MCL

330.1464a.

     (ii) Section 5107 of the estates and protected individuals

code, 1998 PA 386, MCL 700.5107.

     (iii) Sections 2950 and 2950a of the revised judicature act of

1961, 1961 PA 236, MCL 600.2950 and 600.2950a.

     (iv) Section 6b of chapter V of the code of criminal procedure,

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

pursuant to section 6b(3) of chapter V of the code of criminal

procedure, 1927 PA 175, MCL 765.6b under subsection (3) of that

section.

     (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 within 7

years).

     (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 within 7 years).

     (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 under subsection

(3)(b) of that section (operating while license suspended or

revoked with prior conviction).

     (vi) Section 185 of the aeronautics code of the state of

Michigan, 1945 PA 327, MCL 259.185, punishable under subsection (7)

of that section (operating aircraft while under the influence of

intoxicating liquor or a controlled substance with prior

conviction).

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

MCL 290.629 (hindering or obstructing certain persons performing

official weights and measures duties).

     (viii) Section 10 of the motor fuels quality act, 1984 PA 44,

MCL 290.650 (hindering, obstructing, assaulting, or committing

bodily injury upon director or authorized representative).

     (ix) Section 81134 of the natural resources and environmental

protection act, 1994 PA 451, MCL 324.81134, punishable under

subsection (5) or (6) of that section (operating ORV under the

influence of intoxicating liquor or a controlled substance, second

or subsequent offense).

     (x) Section 82127 of the natural resources and environmental

protection act, 1994 PA 451, MCL 324.82127, (operating a snowmobile

under the influence of intoxicating liquor or a controlled

substance), punishable as a second or subsequent offense under

section 82128(1)(b) or (c) of the natural resources and

environmental protection act, 1994 PA 451, MCL 324.82128 (operating

a snowmobile under the influence of intoxicating liquor or a

controlled substance, second offense).

     (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 within 7 years).

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

333.7403.

     (xiii) Section 353 of the railroad code of 1993, 1993 PA 354,

MCL 462.353 (operating locomotive under the influence of

intoxicating liquor or a controlled substance, or while visibly

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

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

explicit matter to minors).

     (xv) Section 81 of the Michigan penal code, 1931 PA 328, MCL

750.81 (assault or domestic assault).

     (xvi) Section 81a(1) or (2) of the Michigan penal code, 1931 PA

328, MCL 750.81a (aggravated assault or aggravated domestic

assault).

     (xvii) Section 115 of the Michigan penal code, 1931 PA 328, MCL

750.115 (breaking and entering or entering without breaking).

     (xviii) Section 136b(6) 136b(7) 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 Former 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 controlled substance).

     (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 3 of 1952 PA 45, MCL 752.863a 752.863

(reckless discharge of a firearm).

     (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).

     (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 625k(10) of the Michigan vehicle code, 1949

PA 300, MCL 257.625k (ignition interlock device reporting

violation).

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

MCL 257.625l (circumventing an ignition interlocking device

violation).

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

MCL 257.625m, punishable under subsection (3) of that section

(operating a commercial vehicle with alcohol content).

     (vi) Section 185 of the aeronautics code of the state of

Michigan, 1945 PA 327, MCL 259.185 (operating aircraft under the

influence).

     (vii) Section 81134 of the natural resources and environmental

protection act, 1994 PA 451, MCL 324.81134 (operating ORV under the

influence).

     (viii) Section 81135 of the natural resources and environmental

protection act, 1994 PA 451, MCL 324.81135 (operating ORV while

visibly impaired).

     (ix) Section 82127 of the natural resources and environmental

protection act, 1994 PA 451, MCL 324.82127 (operating a snowmobile

under the influence).

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

333.7401 to 333.7461 (controlled substance violation).

     (xi) Section 353 of the railroad code of 1993, 1993 PA 354, MCL

462.353, (operating locomotive under the influence), punishable

under subsection (3) of that section (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 - from a vacant building or structure).

     (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 or concealing stolen property).

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

MCL 750.540e (malicious use of telephones telecommunication service

or device).

     (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).

     (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 or the

secretary of state, the courts, and other government entities as

necessary and exclusively to determine eligibility to be licensed

under this act.

     (9) An Through December 31, 2011, an individual, after

submitting an application and paying the fee prescribed under

subsection (5), shall request and have classifiable fingerprints

taken by the county sheriff or a local police agency if that local

police agency maintains fingerprinting capability. If the

individual requests that classifiable fingerprints be taken by a

local police agency, the individual shall also pay to that local

police agency a fee of $15.00 by any method of payment accepted by

the unit of local government for payments of other fees and

penalties. Beginning January 1, 2012, an individual, after

submitting an application and paying the fee prescribed under

subsection (5), shall request and have classifiable fingerprints

taken by the department of state police. The county sheriff or

local police agency or the department of state police shall take

the fingerprints within 5 business days after the request.

     (10) The fingerprints shall be taken, under subsection (9), on

forms and in a manner prescribed by the department of state police.

The county sheriff or local police agency shall immediately forward

the fingerprints to the department of state police. The

fingerprints shall be immediately forwarded to the department of

state police for comparison with shall compare fingerprints taken

under this act with fingerprints already on file with the

department of state police. The department of state police shall

forward the fingerprints to the federal bureau of investigation.

Within 10 days after receiving a report of the fingerprints from

the federal bureau of investigation, the department of state police

shall provide a copy, through December 31, 2011, to the submitting

sheriff's department or local police agency as appropriate and the

clerk of the appropriate concealed weapon licensing board, and,

beginning January 1, 2012, to the secretary of state. Except as

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

or, beginning January 1, 2012, the secretary of state shall not

issue a concealed pistol license until it receives the fingerprint

comparison report prescribed in this subsection. The concealed

weapon licensing board or the secretary of state may deny a license

if an individual's fingerprints are not classifiable by the federal

bureau of investigation.

     (11) The Through December 31, 2011, the concealed weapon

licensing board or, beginning January 1, 2012, the secretary of

state shall deny a license to an applicant to carry a concealed

pistol if the applicant is not qualified under subsection (7) to

receive that license.

     (12) A license to carry a concealed pistol that is issued

based upon an application that contains a material false statement

is void from the date the license is issued.

     (13) Subject to subsections (10) and (14), the concealed

weapon licensing board or the secretary of state shall issue or

deny issuance of a license within 45 days after the concealed

weapon licensing board or the secretary of state receives the

fingerprint comparison report provided under subsection (10). If

the concealed weapon licensing board or the secretary of state

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

concealed weapon licensing board or the secretary of state shall

within 5 business days do both of the following:

     (a) Inform the applicant in writing of the reasons for the

denial. Information under this subdivision shall include all of the

following:

     (i) A statement of the specific and articulable facts

supporting the denial.

     (ii) Copies of any writings, photographs, records, or other

documentary evidence upon which the denial is based.

     (b) Inform the applicant in writing of his or her right to

appeal the denial to the circuit court as provided in section 5d.

     (14) If the fingerprint comparison report is not received by

the concealed weapon licensing board or the secretary of state

within 60 days after the fingerprint report is forwarded to the

department of state police by the federal bureau of investigation,

the concealed weapon licensing board or the secretary of state

shall issue a temporary license to carry a concealed pistol to the

applicant if the applicant is otherwise qualified for a license. A

temporary license issued under this section is valid for 180 days

or until the concealed weapon licensing board or the secretary of

state receives the fingerprint comparison report provided under

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

a concealed pistol as otherwise provided under this act. Upon

issuance or the denial of issuance of the license to carry a

concealed pistol to an applicant who received a temporary license

under this section, the applicant shall immediately surrender the

temporary license to the concealed weapon licensing board that

issued that temporary license, through December 31, 2011, or,

beginning January 1, 2012, to the secretary of state.

     (15) If an individual licensed under this act by a concealed

weapon licensing board 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,

through December 31, 2011, or, beginning January 1, 2012, by the

secretary of state, for a replacement fee of $10.00.

     (16) If a concealed weapons licensing board or the secretary

of state suspends or revokes a license issued under this act, the

license is forfeited and shall be returned forthwith to the

concealed weapon licensing board, forthwith through December 31,

2011, or, beginning January 1, 2012, to the secretary of state. 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, through December 31, 2011, or, beginning January

1, 2012, the secretary of state from making public and distributing

to the public at no cost lists of individuals who are certified as

qualified instructors as prescribed under section 5j.

     (19) As used in this section:

     (a) "Convicted" means a final conviction, the payment of a

fine, a plea of guilty or nolo contendere if accepted by the court,

or a finding of guilt for a criminal law violation or a juvenile

adjudication or disposition by the juvenile division of probate

court or family division of circuit court for a violation that if

committed by an adult would be a crime.

     (b) "Felony" means that term as defined in section 1 of

chapter I of the code of criminal procedure, 1927 PA 175, MCL

761.1, or a violation of a law of the United States or another

state that is designated as a felony or that is punishable by death

or by imprisonment for more than 1 year.

     (c) "Mental illness" means a substantial disorder of thought

or mood that significantly impairs judgment, behavior, capacity to

recognize reality, or ability to cope with the ordinary demands of

life, and includes, but is not limited to, clinical depression.

     (d) "Misdemeanor" means a violation of a penal law of this

state or violation of a local ordinance substantially corresponding

to a violation of a penal law of this state that is not a felony or

a violation of an order, rule, or regulation of a state agency that

is punishable by imprisonment or a fine that is not a civil fine,

or both.

     (e) "Treatment" means care or any therapeutic service,

including, but not limited to, the administration of a drug, and

any other service for the treatment of a mental illness.

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

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

prescribed by the department of state police. The license shall

contain all of the following:

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

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

     (c) A statement of the effective dates of the license.

     (d) An indication of exceptions authorized by this act

applicable to the licensee.

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

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

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

concealed weapon licensing board or the secretary of state

authorizes the licensee to do all of the following:

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

anywhere in this state.

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

concealed, anywhere in this state.

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

secretary of state denies issuance of a license to carry a

concealed pistol, or fails to issue that license as provided in

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

issue the license to the circuit court in the judicial circuit in

which he or she resides. The appeal of the denial or failure to

issue a license shall be determined by a review of the record for

error, except that if the decision of the concealed weapon

licensing board or the secretary of state was based upon grounds

specified in section 5b(7)(n) that portion of the appeal shall be

by hearing de novo. Witnesses in the hearing shall be sworn. A jury

shall not be provided in a hearing under this section.

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

issue a license was clearly erroneous, the court shall order the

concealed weapon licensing board, through December 31, 2011, or,

beginning January 1, 2012, the secretary of state to issue a

license as required by this act.

     (3) If the court determines that the decision of the concealed

weapon licensing board to deny issuance of a license to an

applicant was arbitrary and capricious, the court shall order this

state to pay 1/3 and the county in which the concealed weapon

licensing board is located to pay 2/3 of the actual costs and

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

the court determines that the decision of the secretary of state to

deny issuance of a license to an applicant was arbitrary and

capricious, the court shall order this state to pay the actual

costs and actual attorney fees of the applicant in appealing the

denial.

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

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

costs and actual attorney fees of the concealed weapon licensing

board or the state 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.

     (c) Except as provided in subsection (2), if the individual

was denied a license to carry a concealed pistol after the

effective date of the amendatory act that added this subdivision

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

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

convictions obtained against the individual during the license

period.

     (e) A statement of all determinations of responsibility for

civil infractions of this act pending or obtained against the

individual during the license period.

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

concealed pistol after the effective date of the amendatory act

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

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

shall delete from the computerized database the previous reasons

for the 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:

     (a) The number of concealed pistol applications received.

     (b) The number of concealed pistol licenses issued.

     (c) The number of concealed pistol licenses denied.

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

     (e) The number of concealed pistol licenses revoked.

     (f) Categories for revocation under subdivision (e).

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

is made.

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

shortest amount of time used by the federal bureau of investigation

to supply the fingerprint comparison report required in section

5b(11). 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.

     (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.

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

concealed pistol and who is carrying a concealed pistol shall show

both of the following to a peace officer upon request by that peace

officer:

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

     (b) His or her driver license or Michigan personal

identification card.

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

pistol and who is carrying a concealed pistol and who is stopped by

a peace officer shall immediately disclose to the peace officer

that he or she is carrying a pistol concealed upon his or her

person or in his or her vehicle.

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

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

than $100.00.

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

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

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

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

suspended for 6 months, or both.

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

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

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

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

infraction under this section, the court shall notify the

department of state police and the concealed weapon licensing board

that issued the license, through December 31, 2011, or, beginning

January 1, 2012, the secretary of state of that determination.

     (7) A pistol carried in violation of this section is subject

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

a pistol under this subsection, the individual has 45 days in which

to display his or her license or documentation to an authorized

employee of the law enforcement entity that employs the peace

officer. If the individual displays his or her license or

documentation to an authorized employee of the law enforcement

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

authorized employee of that law enforcement entity shall return the

pistol to the individual unless the individual is prohibited by law

from possessing a firearm. If the individual does not display his

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

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

is not subject to immediate seizure under this subsection if both

of the following circumstances exist:

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

personal identification card in his or her possession when the

violation occurs.

     (b) The peace officer verifies through the law enforcement

information network that the individual is licensed under this act

to carry a concealed pistol.

     (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 of not less than 8 hours of instruction and all of the

following conditions are met:

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

state firearms training organization and provides 5 hours of

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

of the following:

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

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

child safety.

     (ii) Ammunition knowledge, and the fundamentals of pistol

shooting.

     (iii) Pistol shooting positions.

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

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

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

     (v) Avoiding criminal attack and controlling a violent

confrontation.

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

state.

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

firing range and requires firing at least 30 rounds of ammunition.

     (c) The program provides a certificate of completion that

states the program complies with the requirements of this section

and that the individual successfully completed the course, and that

contains the printed name and signature of the course instructor.

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

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

of 1927 PA 372."

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

a national organization to teach the 8-hour pistol safety training

course described in this section.

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

     (a) Grant a certificate of completion described under

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

satisfactorily complete the course.

     (b) Present a certificate of completion described under

subsection (1)(c) to a concealed weapon licensing board or the

secretary of state knowing that the individual did not

satisfactorily complete the course.

     (3) A person who violates subsection (2) is guilty of a felony

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

not more than $2,500.00, or both.

     (4) A Neither a concealed weapons weapon licensing board nor

the secretary of state shall not require that a specific form,

color, wording, or other content appear on a certificate of

completion, except as provided in subsection (5). , and shall

accept as valid a certificate of completion issued prior to the

effective date of the amendatory act that added this subsection

that contains an inaccurate reference or no reference to this

section but otherwise complies with this section.

     (5) Beginning October 1, 2004, a A concealed weapons weapon

licensing board and the secretary of state shall require that a

certificate of completion contain the statement, "This course

complies with section 5j of 1927 PA 372.".

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

carry a concealed pistol constitutes implied consent to submit to a

chemical analysis under this section. This section also applies to

individuals listed in section 12a(a) to (f) (h).

     (2) An individual shall not carry a concealed pistol while he

or she is under the influence of alcoholic liquor or a controlled

substance or while having a bodily alcohol content prohibited under

this section. A person who violates this section is responsible for

a state civil infraction or guilty of a crime as follows:

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

or a controlled substance or a combination of alcoholic liquor and

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

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

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

misdemeanor punishable by imprisonment for not more than 93 days or

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

licensing board that issued the individual a license to carry a

concealed pistol or, beginning January 1, 2012, the secretary of

state to permanently revoke the license. The concealed weapon

licensing board or the secretary of state shall permanently revoke

the license as ordered by the court.

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

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

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

guilty of a misdemeanor punishable by imprisonment for not more

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

weapon licensing board that issued the individual a license to

carry a concealed pistol or, beginning January 1, 2012, the

secretary of state to revoke the license for not more than 3 years.

The concealed weapon licensing board or the secretary of state

shall revoke the license as ordered by the court.

     (c) If the person had a bodily alcohol content of .02 or more

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

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

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

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

board that issued the individual the license or, beginning January

1, 2012, the secretary of state to revoke the license for 1 year.

The concealed weapon licensing board or the secretary of state

shall revoke the license as ordered by the court. The court shall

notify the concealed weapon licensing board that issued the

individual a license to carry a concealed pistol or, beginning

January 1, 2012, the secretary of state if an individual is found

responsible for a subsequent violation of this subdivision.

     (3) This section does not prohibit an individual licensed

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

alcohol content from transporting that pistol in the locked trunk

of his or her motor vehicle or another motor vehicle in which he or

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

transporting that pistol unloaded in a locked compartment or

container that is separated from the ammunition for that pistol or

on a vessel if the pistol is transported unloaded in a locked

compartment or container that is separated from the ammunition for

that pistol.

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

individual is carrying a concealed pistol in violation of this

section may require the individual to submit to a chemical analysis

of his or her breath, blood, or urine.

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

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

individual of all of the following:

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

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

apply:

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

individual to submit to a chemical analysis.

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

concealed pistol being suspended or revoked.

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

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

a person of his or her own choosing.

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

specimens under this section shall be conducted in the same manner

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

for alcohol- and controlled-substance-related driving violations

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

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

under this section, the peace officer shall promptly report the

refusal in writing to the concealed weapon licensing board that

issued the license to the individual to carry a concealed pistol

or, beginning January 1, 2012, to the secretary of state.

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

section and the test results indicate that the individual had any

bodily alcohol content while carrying a concealed pistol, the peace

officer shall promptly report the violation in writing to the

concealed weapon licensing board that issued the license to the

individual to carry a concealed pistol or, beginning January 1,

2012, to the secretary of state.

     (9) As used in this section:

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

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

436.1105.

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

section 7104 of the public health code, 1978 PA 368, MCL 333.7401

333.7104.

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

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

     (2) A license to carry a concealed pistol issued or renewed on

or after July 1, 2006 is valid until the applicant's date of birth

that falls not less than 4 years or more than 5 years after the

license is issued or renewed, as applicable. Except as provided in

subsections (7) and (8), a renewal of a license under section 5b

shall, except as provided in this section, be issued in the same

manner as an original license issued under section 5b.

     (3) The concealed weapon licensing board or the secretary of

state shall issue or deny issuance of a renewal license within 60

days after the application for renewal is properly submitted. The

county clerk or the secretary of state shall issue the applicant a

receipt for his or her renewal application at the time the

application is submitted. The receipt shall contain all of the

following:

     (a) The name of the applicant.

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

     (c) The amount paid.

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

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

extension under subsection (4).

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

     (g) An impression of the county or state seal.

     (4) If the concealed weapon licensing board or the secretary

of state fails to deny or issue a renewal license to the person

within 60 days as required under subsection (3), the expiration

date of the current license is extended by 180 days or until the

renewal license is issued, whichever occurs first. This subsection

does not apply unless the person pays the renewal fee at the time

the renewal application is submitted and the person has submitted a

receipt from a police agency that confirms that a background check

has been requested by the applicant.

     (5) A person carrying a concealed pistol after the expiration

date of his or her license pursuant to an extension under

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

the secretary of state under subsection (3) and his or her expired

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

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

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

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

receipt and expired license in possession while carrying a

concealed pistol or failing to display the receipt to a peace

officer upon request is a violation of this act.

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

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

law enforcement officer.

     (7) The educational requirements under section 5b(7)(c) for an

applicant who is applying for a renewal of a license under this act

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

has completed at least 3 hours' review of the training described

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

time in the 6 months immediately preceding the subsequent

application.

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

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

to have fingerprints taken again under section 5b(9) if all of the

following conditions have been met:

     (a) There 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 shall promptly notify the

county concealed weapon licensing board that issued the license or,

beginning January 1, 2012, the secretary of state of a criminal

charge against a license holder for a felony or specified criminal

offense as defined in this act. The prosecuting attorney shall

promptly notify the county concealed weapon licensing board that

issued the license or, beginning January 1, 2012, the secretary of

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

holder is convicted of a crime, the prosecuting attorney's

notification shall indicate if the crime involved the brandishing

or use of a pistol, if a pistol was carried by the license holder

during the commission of the crime, or if no pistol was carried by

the license holder during the commission of the crime. The

department of 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 or, beginning January 1, 2012, the secretary

of state 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 or the secretary of state

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

     Sec. 5o. (1) Subject to subsection (4), an individual licensed

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

licensure under section 12a(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.

     (c) A sports arena or stadium.

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

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

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

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

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

Michigan liquor control commission shall develop and make available

to holders of licenses under the Michigan liquor control code of

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

stating that "This establishment prohibits patrons from carrying

concealed weapons". The owner or operator of an establishment

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

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

sign developed under this subdivision. A record made available by

an establishment licensed under the Michigan liquor control code of

1998, 1998 PA 58, MCL 436.1101 to 436.2303, necessary to enforce

this subdivision is exempt from disclosure under the freedom of

information act, 1976 PA 442, MCL 15.231 to 15.246.

     (e) Any property or facility owned or operated by a church,

synagogue, mosque, temple, or other place of worship, unless the

presiding official or officials of the church, synagogue, mosque,

temple, or other place of worship permit the carrying of concealed

pistol on that property or facility.

     (f) An entertainment facility with a seating capacity of 2,500

or more individuals that the individual knows or should know has a

seating capacity of 2,500 or more individuals or that has a sign

above each public entrance stating in letters not less than 1-inch

high a seating capacity of 2,500 or more individuals.

     (g) A hospital.

     (h) A dormitory or classroom of a community college, college,

or university.

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

pistol, or who is exempt from licensure under section 12a(1)(f)

12a(1)(h), shall not carry a concealed pistol in violation of R

432.1212 or a successor rule of the Michigan administrative code

promulgated under the Michigan gaming control and revenue act, 1996

IL 1, MCL 432.201 to 432.226.

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

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

     (4) Subsection (1) does not apply to any of the following:

     (a) An individual licensed under this act who is a retired

police officer or retired law enforcement officer. The concealed

weapon licensing board or the secretary of state may require a

letter from the law enforcement agency stating that the retired

police officer or law enforcement officer retired in good standing.

     (b) An individual who is licensed under this act and who is

employed or contracted by an entity described under subsection (1)

to provide security services and is required by his or her employer

or the terms of a contract to carry a concealed firearm on the

premises of the employing or contracting entity.

     (c) An individual who is licensed as a private investigator or

private detective under the 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.

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

motor carrier officer or capitol security officer of the department

of state police.

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

member of a sheriff's posse.

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

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

department.

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

parole or probation officer of the department of corrections.

     (i) A state court judge or state court retired judge who is

licensed under this act. The concealed weapon licensing board or

the secretary of state 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.

     (5) An individual who violates this section is responsible for

a state civil infraction or guilty of a crime as follows:

     (a) Except as provided in subdivisions (b) and (c), the

individual is responsible for a state civil infraction and may be

fined not more than $500.00. The court shall order the individual's

license to carry a concealed pistol suspended for 6 months.

     (b) For a second violation, the individual is guilty of a

misdemeanor punishable by a fine of not more than $1,000.00. The

court shall order the individual's license to carry a concealed

pistol revoked.

     (c) For a third or subsequent violation, the individual is

guilty of a felony punishable by imprisonment for not more than 4

years or a fine of not more than $5,000.00, or both. The court

shall order the individual's license to carry a concealed pistol

revoked.

     Sec. 5x. (1) If a concealed weapon licensing board determines

that it will be unable to complete any action required to be taken

under this act by the concealed weapon licensing board before

December 31, 2011, the concealed weapon licensing board shall

promptly notify the secretary of state of that determination in

writing.

     (2) If the secretary of state is notified by a concealed

weapon licensing board under subsection (1) that it will be unable

to complete any action required to be taken under this act, the

secretary of state shall assume responsibility for completing that

action. The secretary of state may require the county clerk on

behalf of the concealed weapon licensing board to transfer to the

secretary of state any application, documents, or information

required to complete the action required under this act.

     (3) If a concealed weapon licensing board is required under

subsection (2) to transfer any application, documents, or

information to the secretary of state, the county clerk on behalf

of the concealed weapon licensing board shall promptly notify the

individual whose application or other action is pending before the

concealed weapon licensing board of the transfer to the secretary

of state.

     (4) The secretary of state shall not charge a fee for the

transfer of the action to the secretary of state or for completing

any action under this act for which a fee has already been paid to

the concealed weapon licensing board.

     Sec. 6a. (1) A concealed weapons weapon licensing board,

through December 31, 2011, or, beginning January 1, 2012, the

secretary of state may issue to any bank, trust company, armored

car company, railway company, express company, or other company,

institution, copartnership, or individual having in its, their, or

the individual's possession large sums of money or other valuables,

a license authorizing the licensee to equip the premises or

vehicles under its, their, or the individual's control with gas

ejecting devices to be used solely for the purpose of protecting

those premises or vehicles and the persons or property in the

premises or vehicles from criminal assaults.

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

promulgate rules to govern the issuing of the license and the

making of an application for the license. The rules shall be

promulgated pursuant to under the administrative procedures act of

1969, Act No. 306 of the Public Acts of 1969, as amended, being

sections 24.201 to 24.328 of the Michigan Compiled Laws 1969 PA

306, MCL 24.201 to 24.328. The concealed weapons weapon licensing

board, through December 31, 2011, or, beginning January 1, 2012,

the secretary of state may issue to any company, copartnership, or

individual under the limitations and pursuant to the under rules

promulgated by the director of the department of state police a

license authorizing the corporation, copartnership, or individual

to manufacture or sell, or both, a gas ejecting or emitting weapon,

cartridge, or device to any person authorized by law to possess the

weapon, cartridge, or device.

     (3) For purposes of this section, "gas ejecting device" means

a device designed for the purpose of rendering a person either

temporarily or permanently disabled by the ejection, release, or

emission of a gas or other substance.

     (4) A license shall not be required under this section for the

sale, purchase, or possession of a self-defense spray or foam

device, as defined in section 224d of the Michigan penal code, Act

No. 328 of the Public Acts of 1931, being section 750.224d of the

Michigan Compiled Laws 1931 PA 328, MCL 750.224d.

     Sec. 8. (1) The Through December 31, 2011, the concealed

weapon licensing board that issued a license to an individual to

carry a concealed pistol or, beginning January 1, 2012, the

secretary of state may revoke that a license if the board or the

secretary of state determines that the individual committed any

violation of this act other than a violation of section 5f(4). If

the board or the secretary of state determines that the individual

has been found responsible for 3 or more state civil infraction

violations of this act during the license period, the board or the

secretary of state shall conduct a hearing and may suspend the

individual's license for not more than 1 year.

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

license shall not be revoked under this section except upon written

complaint and an opportunity for a hearing before the board or the

secretary of state. The board or the secretary of state shall give

the individual at least 10 days' notice of a hearing under this

section. The notice shall be by personal service or by certified

mail delivered to the individual's last known address.

     (3) If the concealed weapon licensing board or the secretary

of state is notified by a law enforcement agency or prosecuting

official that an individual licensed to carry a concealed pistol is

charged with a felony or misdemeanor as defined in this act, the

concealed weapon licensing board or the secretary of state shall

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

disposition of the charge for that offense and send notice of that

suspension to the individual's last known address as indicated in

the records of the concealed weapon licensing board or the

secretary of state. The notice shall inform the individual that he

or she is entitled to a prompt hearing on the suspension, and the

concealed weapon licensing board or the secretary of state shall

conduct a prompt hearing if requested in writing by the individual.

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

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

to an individual to carry a concealed pistol, through December 31,

2011, or, beginning January 1, 2012, the secretary of state shall

revoke that a license if the board or the secretary of state

determines that the individual is not eligible under this act to

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

licensing board or the secretary of state shall immediately send

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

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

address as indicated on the records of the concealed weapon

licensing board or the secretary of state. The requirements of

subsection (2) do not apply to this subsection.

     (5) If the concealed weapon licensing board, through December

31, 2011, or, beginning January 1, 2012, if the secretary of state

determines by clear and convincing evidence based on specific

articulable facts that the applicant poses a danger to the

applicant or to any other person, the concealed weapon licensing

board or the secretary of state shall immediately suspend the

individual's license pending a revocation hearing under this

section. The concealed weapon licensing board or the secretary of

state shall send notice of the suspension to the individual's last

known address as indicated in the records of the concealed weapon

licensing board or the secretary of state. The notice shall inform

the individual that he or she is entitled to a prompt hearing on

the suspension, and the concealed weapon licensing board, through

December 31, 2011, or, beginning January 1, 2012, the secretary of

state shall conduct a prompt hearing if requested in writing by the

individual. The requirements of subsection (2) do not apply to this

subsection.

     (6) If the concealed weapon licensing board or the secretary

of state orders a license suspended or revoked under this section

or amends a suspension or revocation order, the concealed weapon

licensing board or the secretary of state shall immediately notify

a law enforcement agency having jurisdiction in the county in which

the concealed weapon licensing board is located, through December

31, 2011, or, beginning January 1, 2012, the department of state

police 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 or the department of state police shall

immediately enter the order or amended order into the law

enforcement information network as requested by that concealed

weapon licensing board or the secretary of state.

     (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.

     (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.

     (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.

     (10) The clerk of the concealed weapon licensing board,

through December 31, 2011, or, beginning January 1, 2012, the

secretary of state is authorized to administer an oath to any

individual testifying before the board or the secretary of state at

a hearing under this section.