Bill Text: MI HB4284 | 2019-2020 | 100th Legislature | Introduced

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Bill Title: Weapons: firearms; purchase of firearms; prohibit if individual has an extreme risk protection order. Amends secs. 2, 2b & 5b of 1927 PA 372 (MCL 28.422 et seq.).

Spectrum: Partisan Bill (Democrat 21-0)

Status: (Introduced - Dead) 2019-02-28 - Bill Electronically Reproduced 02/28/2019 [HB4284 Detail]

Download: Michigan-2019-HB4284-Introduced.html

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HOUSE BILL No. 4284

 

 

February 28, 2019, Introduced by Reps. Hoadley, Wittenberg, Brixie, Rabhi, Kuppa, Koleszar, Hope, Warren, Hood, Manoogian, Pohutsky, Gay-Dagnogo, Hammoud, Pagan, Bolden, Clemente, Tyrone Carter, Peterson, Tate, Sowerby and Kennedy 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, gas ejecting devices,

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

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

electro-muscular disruption devices without a license or other

authorization; to provide for the forfeiture of firearms and

electro-muscular disruption devices under certain circumstances; to

provide for penalties and remedies; to provide immunity from civil

liability under certain circumstances; to prescribe the powers and

duties of certain state and local agencies; to prohibit certain

conduct against individuals who apply for or receive a license to

carry a concealed pistol; to make appropriations; to prescribe

certain conditions for the appropriations; and to repeal all acts

and parts of acts inconsistent with this act,"

 

by amending sections 2, 2b, and 5b (MCL 28.422, 28.422b, and

 

28.425b), section 2 as amended by 2015 PA 200, section 2b as

 

amended by 2014 PA 205, and section 5b as amended by 2017 PA 95.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. (1) Except as otherwise provided in this act, a person

 

shall not purchase, carry, possess, or transport a pistol in this

 

state without first having obtained a license for the pistol as

 

prescribed in this section.

 

     (2) A person An individual who brings a pistol into this state

 

who is on leave from active duty with the armed forces Armed Forces

 

of the United States or who has been discharged from active duty

 

with the armed forces Armed Forces of the United States shall

 

obtain a license for the pistol within 30 days after his or her

 

arrival in this state.

 

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

 

or village police department that issues licenses to purchase,

 

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

 

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

 

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

 

having an organized police department, in discharging the duty to

 

issue licenses shall with due speed and diligence issue licenses to

 

purchase, carry, possess, or transport pistols to qualified

 

applicants unless he or she has probable cause to believe that the

 

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

 

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

 

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

 

applicant is qualified if all of the following circumstances exist:

 

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

 

disposition for which he or she has received notice and an

 

opportunity for a hearing, and which was entered into the law

 

enforcement information network 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, or section 444a of former 1978 PA

 

642.

 

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

 

PA 236, MCL 600.2950.

 

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

 

PA 236, MCL 600.2950a.

 

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

 

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

 

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

 

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

 

procedure, 1927 PA 175, MCL 765.6b.

 

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

 

procedure, 1927 PA 175, MCL 769.16b.

 

     (viii) The extreme risk protection order act.

 

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

 

the seller is licensed under 18 USC 923, is 21 years of age or

 

older.

 

     (c) The person individual is a citizen of the United States or

 

an alien lawfully admitted into the United States and is a legal

 

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

 

an individual is considered a legal resident of this state if any

 

of the following apply:

 

     (i) The person individual has a valid, lawfully obtained

 

Michigan driver license issued under the Michigan vehicle code,

 

1949 PA 300, MCL 257.1 to 257.923, or an official state personal

 

identification card issued under 1972 PA 222, MCL 28.291 to 28.300.

     (ii) The person individual is lawfully registered to vote in

 

this state.

 

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

 

United States armed forces Armed Forces and is stationed outside of

 

this state, but the person's individual's home of record is in this

 

state.

 

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

 

United States armed forces Armed Forces and is permanently

 

stationed in this state, but the person's individual's home of

 

record is in another state.

 

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

 

against the person individual is not pending at the time of

 

application.

 

     (e) The person individual is not prohibited from possessing,

 

using, transporting, selling, purchasing, carrying, shipping,

 

receiving, or distributing a firearm under section 224f of the

 

Michigan penal code, 1931 PA 328, MCL 750.224f.

 

     (f) The person individual has not been adjudged insane in this

 

state or elsewhere unless he or she has been adjudged restored to

 

sanity by court order.

 

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

 

commitment in an inpatient or outpatient setting due to mental

 

illness.

 

     (h) The person individual has not been adjudged legally

 

incapacitated in this state or elsewhere. This subdivision does not

 

apply to a person an individual who has had his or her legal

 

capacity restored by order of the court.

     (4) Applications An applicant shall sign an application for

 

licenses a license under this section and shall be signed by the

 

applicant sign the application under oath upon forms on a form

 

provided by the director of the department of state police.

 

Licenses A licensing authority shall issue a license to purchase,

 

carry, possess, or transport pistols shall be executed in

 

triplicate upon forms on a form provided by the director of the

 

department of state police. and shall be signed by the The

 

licensing authority shall sign any license issued under this

 

section. Three The licensing authority shall deliver 3 copies of

 

the license shall be delivered to the applicant. by the licensing

 

authority. A license is void unless used within 30 days after the

 

date it is issued.

 

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

 

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

 

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

 

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

 

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

 

name in ink indicating the purchase or other acquisition of the

 

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

 

as a record of the transaction. The purchaser shall must receive 2

 

copies of the license. The purchaser shall return 1 copy of the

 

license to the licensing authority within 10 days after the date

 

the pistol is purchased or acquired. The purchaser may return of

 

the copy to the licensing authority may be made in person or may be

 

made by first-class mail or certified mail sent within the 10-day

 

period to the proper address of the licensing authority. A

purchaser who fails to comply with the requirements of this

 

subsection is responsible for a state civil infraction and may be

 

fined not more than $250.00. If a purchaser is found responsible

 

for a state civil infraction under this subsection, the court shall

 

notify the department of state police of that determination.

 

     (6) Within 10 days after receiving the license copy returned

 

under subsection (5), the licensing authority shall electronically

 

enter the information into the pistol entry database as required by

 

the department of state police if it has the ability to

 

electronically enter that information. If the licensing authority

 

does not have that ability, the licensing authority shall provide

 

that information to the department of state police in a manner

 

otherwise required by the department of state police. Any licensing

 

authority that provided pistol descriptions to the department of

 

state police under former section 9 of this act shall continue to

 

provide pistol descriptions to the department of state police under

 

this subsection. Within 48 hours after entering or otherwise

 

providing the information on the license copy returned under

 

subsection (5) to the department of state police, the licensing

 

authority shall forward the copy of the license to the department

 

of state police. The purchaser has the right to may obtain a copy

 

of the information placed in the pistol entry database under this

 

subsection to verify the accuracy of that information. The

 

licensing authority may charge a fee not to exceed $1.00 for the

 

cost of providing the copy. The licensee may carry, use, possess,

 

and transport the pistol for 30 days beginning on the date of

 

purchase or acquisition only while he or she is in possession of

his or her copy of the license. However, the person is not required

 

to have the license in his or her possession while carrying, using,

 

possessing, or transporting the pistol after this period.

 

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

 

from wholesalers by dealers regularly engaged in the business of

 

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

 

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

 

permanently deactivated.

 

     (8) This section does not prevent the transfer of ownership of

 

pistols to an heir or devisee, whether by testamentary bequest or

 

by the laws of intestacy regardless of whether the pistol is

 

registered with this state. An individual who has inherited a

 

pistol shall obtain a license as required in this section within 30

 

days of taking physical possession of the pistol. The license may

 

be signed by a next of kin of the decedent or the person authorized

 

to dispose of property under the estates and protected individuals

 

code, 1998 PA 386, MCL 700.1101 to 700.8206, including when the

 

next of kin is the individual inheriting the pistol. If the heir or

 

devisee is not qualified for a license under this section, the heir

 

or devisee may direct the next of kin or person authorized to

 

dispose of property under the estates and protected individuals

 

code, 1998 PA 386, MCL 700.1101 to 700.8206, to dispose of the

 

pistol in any manner that is lawful and the heir or devisee

 

considers appropriate. The person authorized to dispose of property

 

under the estates and protected individuals code, 1998 PA 386, MCL

 

700.1101 to 700.8206, is not required to obtain a license under

 

this section if he or she takes temporary lawful possession of the

pistol in the process of disposing of the pistol pursuant to the

 

decedent's testamentary bequest or the laws of intestacy. A law

 

enforcement agency may not seize or confiscate a pistol being

 

transferred by testamentary bequest or the laws of intestacy unless

 

the heir or devisee does not qualify for obtaining a license under

 

this section and the next of kin or person authorized to dispose of

 

property under the estates and protected individuals code, 1998 PA

 

386, MCL 700.1101 to 700.8206, is unable to retain his or her

 

temporary possession of the pistol or find alternative lawful

 

storage. If a law enforcement agency seizes or confiscates a pistol

 

under this subsection, the heir or devisee who is not qualified to

 

obtain a license under this section retains ownership interest in

 

the pistol and, within 30 days of being notified of the seizure or

 

confiscation, may file with a court of competent jurisdiction to

 

direct the law enforcement agency to lawfully transfer or otherwise

 

dispose of the pistol. A The seizing entity or its agents shall not

 

destroy, sell, or use a pistol seized under this subsection shall

 

not be destroyed, sold, or used while in possession of the seizing

 

entity or its agents until 30 days have passed since the heir or

 

devisee has been notified of the seizure and no legal action

 

regarding the lawful possession or ownership of the seized pistol

 

has been filed in any court and is pending. As used in this

 

subsection:

 

     (a) "Devisee" means that term as defined in section 1103 of

 

the estates and protected individuals code, 1998 PA 386, MCL

 

700.1103.

 

     (b) "Heir" means that term as defined in section 1104 of the

estates and protected individuals code, 1998 PA 386, MCL 700.1104.

 

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

 

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

 

following conditions apply:

 

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

 

residence to purchase, carry, or transport a pistol.

 

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

 

in subdivision (a).

 

     (c) The individual is the owner of the pistol he or she

 

possesses, carries, or transports.

 

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

 

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

 

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

 

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

 

present the license described in subsection (9)(a) upon the demand

 

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

 

guilty of a misdemeanor punishable by imprisonment for not more

 

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

 

     (11) The licensing authority may require a person an

 

individual claiming active duty status with the United States armed

 

forces Armed Forces to provide proof of 1 or both of the following:

 

     (a) The person's individual's home of record.

 

     (b) Permanent active duty assignment in this state.

 

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

 

is younger than the age required under subsection (3)(b) and who

 

possesses a pistol if all of the following conditions apply:

 

     (a) The person individual is not otherwise prohibited from

possessing that pistol.

 

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

 

     (c) The person individual possesses the pistol for the purpose

 

of target practice or instruction in the safe use of a pistol.

 

     (d) The person individual is in the physical presence and

 

under the direct supervision of any of the following:

 

     (i) The person's individual's parent.

 

     (ii) The person's individual's guardian.

 

     (iii) An individual who is 21 years of age or older, who is

 

authorized by the person's individual's parent or guardian, and who

 

has successfully completed a pistol safety training course or class

 

that meets the requirements of section 5j(1)(a), (b), or (d), and

 

received a certificate of completion.

 

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

 

     (13) This section does not apply to a person an individual who

 

possesses a pistol if all of the following conditions apply:

 

     (a) The person individual is not otherwise prohibited from

 

possessing a pistol.

 

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

 

shooting facility.

 

     (c) The person individual possesses the pistol for the purpose

 

of target practice or instruction in the safe use of a pistol.

 

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

 

supervising the use of the pistol.

 

     (14) A person who forges any matter on an application for a

 

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

 

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

$2,000.00, or both.

 

     (15) A licensing authority shall implement this section during

 

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

 

set hours for implementation that allow an applicant to use the

 

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

 

     Sec. 2b. (1) Except as provided in subsection (5), upon entry

 

of an order or disposition into the law enforcement information

 

network under any provision of law described in section 2(3)(a),

 

the department of state police shall immediately send written

 

notice of that entry to the person individual who is the subject of

 

the order or disposition . The notice shall be sent by first-class

 

mail to the last known address of the person. individual. The

 

notice shall must include at least all of the following:

 

     (a) The name of the person.individual.

 

     (b) The date the order or disposition was entered into the law

 

enforcement information network.

 

     (c) A statement that the person individual cannot obtain a

 

license to purchase a pistol or obtain a concealed weapon license

 

until the order or disposition is removed from the law enforcement

 

information network.

 

     (d) A statement that the person individual may request that

 

the state police correct or expunge inaccurate information entered

 

into the law enforcement information network.

 

     (2) A person An individual who is the subject of an order

 

entered into the law enforcement information network under any

 

provision of law described in section 2(3)(a) may request that the

 

department of state police do either of the following:

     (a) Amend an inaccuracy in the information entered into the

 

law enforcement information network under any provision of law

 

described in section 2(3)(a).

 

     (b) Expunge the person's individual's name and other

 

information concerning the person from the law enforcement

 

information network regarding 1 or more specific entries in the law

 

enforcement information network under any provision of law

 

described in section 2(3)(a) because 1 or more of the following

 

circumstances exist:

 

     (i) The person individual is not subject to an order of

 

involuntary commitment in an inpatient or outpatient setting due to

 

mental illness.

 

     (ii) The person individual is not subject to an order or

 

disposition determining that the person individual is legally

 

incapacitated.

 

     (iii) The person individual is not subject to a personal

 

protection order issued under any of the following:

 

     (A) Section 2950 of the revised judicature act of 1961, 1961

 

PA 236, MCL 600.2950.

 

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

 

PA 236, MCL 600.2950a.

 

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

 

     (iv) The person individual is not subject to an order for

 

release subject to protective conditions that prohibits the

 

purchase or possession of a firearm by the person issued under

 

section 6b of chapter V of the code of criminal procedure, 1927 PA

 

175, MCL 765.6b.

     (v) The individual is not subject to an order issued under the

 

extreme risk protection order act.

 

     (3) Before the expiration of 30 days after a request is made

 

to amend an inaccuracy in the law enforcement information network

 

under subsection (2)(a) or to expunge 1 or more specific entries

 

from the law enforcement information network under subsection

 

(2)(b)(i) to (iv), (v), the department of state police shall

 

conduct an investigation concerning the accuracy of the information

 

contained in the law enforcement information network, either grant

 

or deny the request and provide the person individual with written

 

notice of that grant or denial. A notice of denial The department

 

of state police shall include in a notice of denial a statement

 

specifying the basis of the denial, and that a person an individual

 

may appeal the denial pursuant to the administrative procedures act

 

of 1969, 1969 PA 306, MCL 24.201 to 24.328.

 

     (4) If the department of state police refuses denies a request

 

by a person an individual for amendment or expunction under

 

subsection (2), or fails to act within 30 days after receiving the

 

request under subsection (2), the person individual may request a

 

hearing before a hearing officer appointed by the department of

 

state police for a determination of whether information entered

 

into the law enforcement information network should be amended or

 

expunged because it is inaccurate or false. The department of state

 

police shall conduct the hearing pursuant to the administrative

 

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

 

     (5) The department of state police shall not send written

 

notice of an entry of an order or disposition into the law

enforcement information network as required for a personal

 

protection order issued under section 2950 or 2950a of the revised

 

judicature act of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a, or

 

an extreme risk protection order issued under the extreme risk

 

protection order act, until that the department has received notice

 

that the respondent of the order has been served with or has

 

received notice of the personal protection order or extreme risk

 

protection order.

 

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

 

an individual shall apply to the county clerk in the county in

 

which the individual resides. The applicant shall file the

 

application with the county clerk in the county in which the

 

applicant resides during the county clerk's normal business hours.

 

The application must be on a form provided by the director of the

 

department of state police and allow the applicant to designate

 

whether the applicant seeks an emergency license. The applicant

 

shall sign the application under oath. The county clerk or his or

 

her representative shall administer the oath. An application under

 

this subsection is not considered complete until an applicant

 

submits all of the required information and fees and has

 

fingerprints taken under subsection (9). An application under this

 

subsection is considered withdrawn if an applicant does not have

 

fingerprints taken under subsection (9) within 45 days of the date

 

an application is filed under this subsection. A completed

 

application and all receipts issued under this section expire 1

 

year from the date of application. The county clerk shall issue the

 

applicant a receipt for his or her application at the time the

application is submitted containing the name of the applicant, the

 

applicant's state-issued driver license or personal identification

 

card number, the date and time the receipt is issued, the amount

 

paid, the name of the county in which the receipt is issued, an

 

impression of the county seal, and the statement, "This receipt was

 

issued for the purpose of applying for a concealed pistol license

 

and for obtaining fingerprints related to that application. This

 

receipt does not authorize an individual to carry a concealed

 

pistol in this state.". The application must contain all of the

 

following:

 

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

 

his or her primary residence, and his or her state-issued driver

 

license or personal identification card number.

 

     (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 department of

 

state police to access any record needed to perform the

 

verification in subsection (6).

 

     (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.

 

     (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) if the

applicant was convicted of that misdemeanor in the 8 years

 

immediately preceding the date of the application, or a misdemeanor

 

listed under subsection (7)(i) if the applicant was convicted of

 

that misdemeanor in the 3 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 an applicant does not have a digitized photograph on

 

file with the secretary of state, a passport-quality photograph of

 

the applicant provided by the applicant at the time of application.

 

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

 

training course prescribed by this act.

 

     (2) The county clerk shall not require the applicant to submit

 

any additional forms, documents, letters, or other evidence of

 

eligibility for obtaining a license to carry a concealed pistol

 

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

 

in this act. The application form must 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 county clerk shall retain a copy of each application

 

for a license to carry a concealed pistol as an official record.

One year after the expiration of a concealed pistol license, the

 

county clerk may destroy the record and a name index of the record

 

shall be maintained in the database created in section 5e.

 

     (5) Each applicant shall pay a nonrefundable application and

 

licensing fee of $100.00 by any method of payment accepted by that

 

county for payments of other fees and penalties. Except as provided

 

in subsection (9), no other charge, fee, cost, or assessment,

 

including any local charge, fee, cost, or assessment, is required

 

of the applicant except as specifically authorized in this act. The

 

applicant shall pay the application and licensing fee to the

 

county. The county treasurer shall deposit $26.00 of each

 

application and licensing fee collected under this section in the

 

concealed pistol licensing fund of that county created in section

 

5x. The county treasurer shall forward the balance remaining to the

 

state treasurer. The state treasurer shall deposit the balance of

 

the fee in the general fund to the credit of the department of

 

state police. The department of state police shall use the money

 

received under this act to process the fingerprints and to

 

reimburse the Federal Bureau of Investigation for the costs

 

associated with processing fingerprints submitted under this act.

 

The balance of the money received under this act must be credited

 

to the department of state police.

 

     (6) The department of state police shall verify the

 

requirements of subsection (7)(d), (e), (f), (h), (i), (j), (k),

 

and (m) through the law enforcement information network and the

 

national instant criminal background check system and shall report

 

to the county clerk all statutory disqualifications, if any, under

this act that apply to an applicant.

 

     (7) The county clerk shall issue and shall send by first-class

 

mail a license to an applicant to carry a concealed pistol within

 

the period required under this act if the county clerk 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 county

 

clerk shall waive the 6-month residency requirement for an

 

emergency license under section 5a(4) if the applicant is a

 

petitioner for a personal protection order issued under section

 

2950 or 2950a of the revised judicature act of 1961, 1961 PA 236,

 

MCL 600.2950 and 600.2950a, or if the county sheriff determines

 

that there is clear and convincing evidence to believe that the

 

safety of the applicant or the safety of a member of the

 

applicant's family or household 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 county clerk shall waive the 6-month

 

residency requirement and the applicant may apply for a concealed

 

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

 

is established. For the purposes of this section, an individual is

 

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

 

apply:

     (i) The individual has a valid, lawfully obtained 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 individual is lawfully registered to vote in this

 

state.

 

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

 

States Armed Forces and is stationed outside of this state, but the

 

individual's home of record is in this state.

 

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

 

States Armed Forces and is permanently stationed in this state, but

 

the individual'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.

 

     (d) Based solely on the report received from the department of

 

state police under subsection (6), 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 under section 6b(3) of chapter V of the code of criminal

 

procedure, 1927 PA 175, MCL 765.6b.

 

     (v) Section 16b of chapter IX of the code of criminal

 

procedure, 1927 PA 175, MCL 769.16b.

 

     (vi) The extreme risk protection order act.

 

     (e) Based solely on the report received from the department of

 

state police under subsection (6), 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) Based solely on the report received from the department of

 

state police under subsection (6), 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) Based solely on the report received from the department of

 

state police under subsection (6), 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 and a charge

 

for a misdemeanor violation of any of the following is not pending

 

against the applicant in this state or elsewhere at the time he or

 

she applies for a license described in this section:

 

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

 

injury accident), section 625 as punishable under subsection (9)(b)

of that section (operating while intoxicated, second offense),

 

section 625m as punishable under subsection (4) of that section

 

(operating a commercial vehicle with alcohol content, second

 

offense), section 626 (reckless driving), or a violation of section

 

904(1) (operating while license suspended or revoked, second or

 

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

 

257.617a, 257.625, 257.625m, 257.626, and 257.904.

 

     (ii) Section 185(7) of the aeronautics code of the state of

 

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

 

the influence of intoxicating liquor or a controlled substance with

 

prior conviction).

 

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

 

MCL 290.629 (hindering or obstructing certain persons performing

 

official weights and measures duties).

 

     (iv) 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).

 

     (v) Section 80176 as punishable under section 80177(1)(b)

 

(operating vessel under the influence of intoxicating liquor or a

 

controlled substance, second offense), section 81134 as punishable

 

under subsection (8)(b) of that section (operating ORV under the

 

influence of intoxicating liquor or a controlled substance, second

 

or subsequent offense), or section 82127 as punishable under

 

section 82128(1)(b) (operating snowmobile under the influence of

 

intoxicating liquor or a controlled substance, second offense) of

 

the natural resources and environmental protection act, 1994 PA

 

451, MCL 324.80176, 324.80177, 324.81134, 324.82127, and 324.82128.

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

 

333.7403 (possession of controlled substance, controlled substance

 

analogue, or prescription form).

 

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

 

MCL 462.353, punishable under subsection (4) of that section

 

(operating locomotive under the influence of intoxicating liquor or

 

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

 

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

 

sexually explicit matter to minors).

 

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

 

or (2) (aggravated assault or aggravated domestic assault), section

 

115 (breaking and entering or entering without breaking), section

 

136b(7) (fourth degree child abuse), section 145n (vulnerable adult

 

abuse), section 157b(3)(b) (solicitation to commit a felony),

 

section 215 (impersonating peace officer or medical examiner),

 

section 223 (illegal sale of a firearm or ammunition), section 224d

 

(illegal use or sale of a self-defense spray), section 226a (sale

 

or possession of a switchblade), section 227c (improper

 

transportation of a loaded firearm), section 229 (accepting a

 

pistol in pawn), section 232a (improperly obtaining a pistol,

 

making a false statement on an application to purchase a pistol, or

 

using false identification to purchase a pistol), section 233

 

(intentionally aiming a firearm without malice), section 234

 

(intentionally discharging a firearm aimed without malice), section

 

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

 

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

 

firearm by an individual less than 18 years of age), section 235

(intentionally discharging a firearm aimed without malice causing

 

injury), section 235a (parent of a minor who possessed a firearm in

 

a weapon free school zone), section 236 (setting a spring gun or

 

other device), section 237 (possessing a firearm while under the

 

influence of intoxicating liquor or a controlled substance),

 

section 237a (weapon free school zone violation), section 335a

 

(indecent exposure), section 411h (stalking), or section 520e

 

(fourth degree criminal sexual conduct) of the Michigan penal code,

 

1931 PA 328, MCL 750.81, 750.81a, 750.115, 750.136b, 750.145n,

 

750.157b, 750.215, 750.223, 750.224d, 750.226a, 750.227c, 750.229,

 

750.232a, 750.233, 750.234, 750.234d, 750.234e, 750.234f, 750.235,

 

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

 

750.520e.

 

     (x) Former section 228 226a of the Michigan penal code, 1931

 

PA 328.

 

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

 

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

 

reckless, or negligent use of a firearm resulting in property

 

damage), or section 3a (reckless discharge of a firearm) of 1952 PA

 

45, MCL 752.861, 752.862, and 752.863a.

 

     (xii) 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 (xi).

 

     (i) Based solely on the report received from the department of

 

state police under subsection (6), 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) and a charge

 

for a misdemeanor violation of any of the following is not pending

 

against the applicant in this state or elsewhere at the time he or

 

she applies for a license described in this section:

 

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

 

(refusal of commercial vehicle operator to submit to a chemical

 

test), section 625k (ignition interlock device reporting

 

violation), section 625l (circumventing an ignition interlock

 

device), or section 625m punishable under subsection (3) of that

 

section (operating a commercial vehicle with alcohol content) of

 

the Michigan vehicle code, 1949 PA 300, MCL 257.625, 257.625a,

 

257.625k, 257.625l, and 257.625m.

 

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

 

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

 

influence).

 

     (iii) Section 81134 (operating ORV under the influence or

 

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

 

a snowmobile under the influence) of the natural resources and

 

environmental protection act, 1994 PA 451, MCL 324.81134 and

 

324.82127.

 

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

 

333.7401 to 333.7461 (controlled substance violation).

 

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

 

462.353, punishable under subsection (3) of that section (operating

 

locomotive under the influence).

 

     (vi) Section 167 (disorderly person), section 174

(embezzlement), section 218 (false pretenses with intent to

 

defraud), section 356 (larceny), section 356d (second degree retail

 

fraud), section 359 (larceny from a vacant building or structure),

 

section 362 (larceny by conversion), section 362a (larceny –

 

defrauding lessor), section 377a (malicious destruction of

 

property), section 380 (malicious destruction of real property),

 

section 535 (receiving or concealing stolen property), or section

 

540e (malicious use of telecommunications service or device) of the

 

Michigan penal code, 1931 PA 328, MCL 750.167, 750.174, 750.218,

 

750.356, 750.356d, 750.359, 750.362, 750.362a, 750.377a, 750.380,

 

750.535, and 750.540e.

 

     (vii) 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 (vi).

 

     (j) Based solely on the report received from the department of

 

state police under subsection (6), 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) Based solely on the report received from the department of

 

state police under subsection (6), the applicant is not currently

 

and has never been subject to an order of involuntary commitment in

 

an inpatient or outpatient setting due to mental illness.

 

     (l) The applicant has filed a statement under subsection

 

(1)(d) that the applicant does not have a diagnosis of mental

 

illness that includes an assessment that the individual presents a

danger to himself or herself or to another at the time the

 

application is made, regardless of whether he or she is receiving

 

treatment for that illness.

 

     (m) Based solely on the report received from the department of

 

state police under subsection (6), the applicant is not under a

 

court order of legal incapacity in this state or elsewhere.

 

     (n) The applicant has a valid state-issued driver license or

 

personal identification card.

 

     (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 must not be removed from the law

 

enforcement information network, but may be moved to a separate

 

file intended for the use of the department of state police, the

 

courts, and other government entities as necessary and exclusively

 

to determine eligibility to be licensed under this act.

 

     (9) An individual, after submitting an application and paying

 

the fee prescribed under subsection (5), shall request that

 

classifiable fingerprints be taken by a county clerk, the

 

department of state police, a county sheriff, a local police

 

agency, or other entity, if the county clerk, department of state

 

police, county sheriff, local police agency, or other entity

 

provides fingerprinting capability for the purposes of this act. An

 

individual who has had classifiable fingerprints taken under

section 5a(4) does not need additional fingerprints taken under

 

this subsection. If the individual requests that classifiable

 

fingerprints be taken by the county clerk, department of state

 

police, county sheriff, a local police agency, or other entity, the

 

individual shall also pay a fee of $15.00 by any method of payment

 

accepted for payments of other fees and penalties. A county clerk

 

shall deposit any fee it accepts under this subsection in the

 

concealed pistol licensing fund of that county created in section

 

5x. The county clerk, department of state police, county sheriff,

 

local police agency, or other entity shall take the fingerprints

 

within 5 business days after the request. County clerks, the

 

department of state police, county sheriffs, local police agencies,

 

and other entities shall provide reasonable access to

 

fingerprinting services during normal business hours as is

 

necessary to comply with the requirements of this act if the county

 

clerk, department of state police, county sheriff, local police

 

agency, or other entity provides fingerprinting capability for the

 

purposes of this act. The entity providing fingerprinting services

 

shall issue the individual a receipt at the time his or her

 

fingerprints are taken. The county clerk, department of state

 

police, county sheriff, local police agency, or other entity shall

 

not provide a receipt under this subsection unless the individual

 

requesting the fingerprints provides an application receipt

 

received under subsection (1). A receipt under this subsection must

 

contain all of the following:

 

     (a) The name of the individual.

 

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

     (c) The amount paid.

 

     (d) The name of the entity providing the fingerprint services.

 

     (e) The individual's state-issued driver license or personal

 

identification card number.

 

     (f) The statement "This receipt was issued for the purpose of

 

applying for a concealed pistol license. As provided in section 5b

 

of 1927 PA 372, MCL 28.425b, if a license or notice of statutory

 

disqualification is not issued within 45 days after the date this

 

receipt was issued, this receipt shall serve as a concealed pistol

 

license for the individual named in the receipt when carried with

 

an official state-issued driver license or personal identification

 

card. The receipt is valid as a license until a license or notice

 

of statutory disqualification is issued by the county clerk. This

 

receipt does not exempt the individual named in the receipt from

 

complying with all applicable laws for the purchase of firearms.".

 

     (10) The fingerprints must be taken, under subsection (9), in

 

a manner prescribed by the department of state police. The county

 

clerk, county sheriff, local police agency, or other entity shall

 

immediately forward the fingerprints taken by that entity to the

 

department of state police for comparison with fingerprints already

 

on file with the department of state police. The department of

 

state police shall immediately forward the fingerprints to the

 

Federal Bureau of Investigation. Within 5 business days after

 

completing the verification under subsection (6), the department

 

shall send the county clerk a list of an individual's statutory

 

disqualifications under this act. Except as provided in section

 

5a(4), the county clerk shall not issue a concealed pistol license

until he or she receives the report of statutory disqualifications

 

prescribed in this subsection. If an individual's fingerprints are

 

not classifiable, the department of state police shall, at no

 

charge, take the individual's fingerprints again or provide for the

 

comparisons under this subsection to be conducted through

 

alternative means. The county clerk shall not issue a notice of

 

statutory disqualification because an individual's fingerprints are

 

not classifiable by the Federal Bureau of Investigation.

 

     (11) The county clerk shall send by first-class mail a notice

 

of statutory disqualification for a license under this act to an

 

individual if the individual 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 subsection (10), the department of state

 

police shall complete the verification required under subsection

 

(6) and the county clerk shall issue a license or a notice of

 

statutory disqualification within 45 days after the date the

 

individual has classifiable fingerprints taken under subsection

 

(9). The county clerk shall include an indication on the license if

 

an individual is exempt from the prohibitions against carrying a

 

concealed pistol on premises described in section 5o if the

 

applicant provides acceptable proof that he or she qualifies for

 

that exemption. If the county clerk receives notice from a county

 

sheriff or chief law enforcement officer that a licensee is no

 

longer a member of a sheriff's posse, an auxiliary officer, or a

reserve officer, the county clerk shall notify the licensee that he

 

or she shall surrender the concealed pistol license indicating that

 

the individual is exempt from the prohibitions against carrying a

 

concealed pistol on premises described in section 5o. The licensee

 

shall, within 30 days after receiving notice from the county clerk,

 

surrender the license indicating that the individual is exempt from

 

the prohibitions against carrying a concealed pistol on premises

 

described in section 5o and obtain a replacement license after

 

paying the fee required under subsection (15). If the county clerk

 

issues a notice of statutory disqualification, the county clerk

 

shall within 5 business days do all of the following:

 

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

 

denial or disqualification. Information under this subdivision

 

shall must include all of the following:

 

     (i) A statement of each statutory disqualification identified.

 

     (ii) The source of the record for each statutory

 

disqualification identified.

 

     (iii) The contact information for the source of the record for

 

each statutory disqualification identified.

 

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

 

appeal the denial or notice of statutory disqualification to the

 

circuit court as provided in section 5d.

 

     (c) Inform the individual that he or she should contact the

 

source of the record for any statutory disqualification to correct

 

any errors in the record resulting in the statutory

 

disqualification.

 

     (14) If a license or notice of statutory disqualification is

not issued under subsection (13) within 45 days after the date the

 

individual has classifiable fingerprints taken under subsection

 

(9), the receipt issued under subsection (9) serves as a concealed

 

pistol license for purposes of this act when carried with a state-

 

issued driver license or personal identification card and is valid

 

until a license or notice of statutory disqualification is issued

 

by the county clerk.

 

     (15) If an individual licensed under this act to carry a

 

concealed pistol moves to a different county within this state, his

 

or her license remains valid until it expires or is otherwise

 

suspended or revoked under this act. An individual may notify a

 

county clerk that he or she has moved to a different address within

 

this state for the purpose of receiving the notice under section

 

5l(1). A license to carry a concealed pistol that is lost, stolen,

 

defaced, or replaced for any other reason may be replaced by the

 

issuing county clerk for a replacement fee of $10.00. A county

 

clerk shall deposit a replacement fee under this subsection in the

 

concealed pistol licensing fund of that county created in section

 

5x.

 

     (16) If a license issued under this act is suspended or

 

revoked, the license is forfeited and the individual shall return

 

the license to the county clerk forthwith by mail or in person. The

 

county clerk shall retain a suspended or revoked license as an

 

official record 1 year after the expiration of the license, unless

 

the license is reinstated or a new license is issued. The county

 

clerk shall notify the department of state police if a license is

 

suspended or revoked. The department of state police shall enter

that suspension or revocation into the law enforcement information

 

network. 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 not to exceed $1.00. The county clerk shall deposit

 

any fee collected under this subsection in the concealed pistol

 

licensing fund of that county created in section 5x.

 

     (18) This section does not prohibit the county clerk 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) A county clerk issuing an initial license or renewal

 

license under this act shall mail the license to the licensee by

 

first-class mail in a sealed envelope. Upon payment of the fee

 

under subsection (15), a county clerk shall issue a replacement

 

license in person at the time of application for a replacement

 

license. A county clerk may also deliver a replacement license by

 

first-class mail if the individual submits to the clerk a written

 

request and a copy of the individual's state-issued driver license

 

or personal identification card.

 

     (20) A county clerk, county sheriff, county prosecuting

 

attorney, police department, or the department of state police is

not liable for civil damages as a result of issuing a license under

 

this act to an individual who later commits a crime or a negligent

 

act.

 

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

 

concealed pistol may voluntarily surrender that license without

 

explanation. A county clerk shall retain a surrendered license as

 

an official record for 1 year after the license is surrendered. If

 

an individual voluntarily surrenders a license under this

 

subsection, the county clerk shall notify the department of state

 

police. The department of state police shall enter into the law

 

enforcement information network that the license was voluntarily

 

surrendered and the date the license was voluntarily surrendered.

 

     (22) As used in this section:

 

     (a) "Acceptable proof" means any of the following:

 

     (i) For a retired police officer or retired law enforcement

 

officer, the officer's retired identification or a letter from a

 

law enforcement agency stating that the retired police officer or

 

law enforcement officer retired in good standing.

 

     (ii) For an individual who is employed or contracted by an

 

entity described under section 5o(1) to provide security services,

 

a letter from that entity stating that the employee 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 and

 

his or her employee identification.

 

     (iii) For 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,

his or her license.

 

     (iv) For an individual who is a corrections officer of a

 

county sheriff's department, his or her employee identification and

 

a letter stating that the individual has received county sheriff

 

approved weapons training.

 

     (v) For an individual who is a retired corrections officer of

 

a county sheriff's department, a letter from the county sheriff's

 

office stating that the retired corrections officer retired in good

 

standing and that the individual has received county sheriff

 

approved weapons training.

 

     (vi) For an individual who is a motor carrier officer or

 

capitol security officer of the department of state police, his or

 

her employee identification.

 

     (vii) For an individual who is a member of a sheriff's posse,

 

his or her identification.

 

     (viii) For an individual who is an auxiliary officer or

 

reserve officer of a police or sheriff's department, his or her

 

employee identification.

 

     (ix) For an individual who is a parole, probation, or

 

corrections officer, or absconder recovery unit member, of the

 

department of corrections, his or her employee identification and

 

proof that the individual obtained a Michigan department of

 

corrections weapons permit.

 

     (x) For an individual who is a retired parole, probation, or

 

corrections officer, or retired absconder recovery unit member, of

 

the department of corrections, a letter from the department of

 

corrections stating that the retired parole, probation, or

corrections officer, or retired absconder recovery unit member,

 

retired in good standing and proof that the individual obtained a

 

Michigan department of corrections weapons permit.

 

     (xi) For a state court judge or state court retired judge, a

 

letter from the judicial tenure commission stating that the state

 

court judge or state court retired judge is in good standing.

 

     (xii) For an individual who is a court officer, his or her

 

employee identification.

 

     (xiii) For a retired federal law enforcement officer, the

 

identification required under the law enforcement officers safety

 

act 18 USC 926c or a letter from a law enforcement agency stating

 

that the retired federal law enforcement officer retired in good

 

standing.

 

     (xiv) For an individual who is a peace officer, his or her

 

employee identification.

 

     (b) "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.

 

     (c) "Felony" means, except as otherwise provided in this

 

subdivision, 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. Felony does not include a violation of a penal

law of this state that is expressly designated as a misdemeanor.

 

     (d) "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.

 

     (e) "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.

 

     (f) "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.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 4283 (request no.

 

00488'19 ****) of the 100th Legislature is enacted into law.