Bill Text: MI HB5689 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Weapons; firearms; purchase of firearms; prohibit if individual has a gun violence restraining order. Amends secs. 2, 2b & 5b of 1927 PA 372 (MCL 28.422 et seq.). TIE BAR WITH: HB 5688'14
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-07-16 - Printed Bill Filed 06/13/2014 [HB5689 Detail]
Download: Michigan-2013-HB5689-Introduced.html
HOUSE BILL No. 5689
June 12, 2014, Introduced by Rep. Hobbs 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 2012 PA 377, section 2b as
amended by 2001 PA 199, and section 5b as amended by 2008 PA 406.
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 who brings a pistol into this state who is on
leave from active duty with the armed forces of the United States
or who has been discharged from active duty with the armed forces
of the United States shall obtain a license for the pistol within
30 days after his or her arrival in this state.
(3) The commissioner or chief of police of a city, township,
or village police department that issues licenses to purchase,
carry, 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 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 gun violence restraining order act.
(b) The person 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 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 shall be is
considered a legal resident of this state if any of the following
apply:
(i) The person has a valid, lawfully obtained Michigan driver
license issued under the Michigan vehicle code, 1949 PA 300, MCL
257.1 to 257.923, or an official state personal identification card
issued under 1972 PA 222, MCL 28.291 to 28.300.
(ii) The person is lawfully registered to vote in this state.
(iii) The person is on active duty status with the United States
armed forces and is stationed outside of this state, but the
person's home of record is in this state.
(iv) The person is on active duty status with the United States
armed forces and is permanently stationed in this state, but the
person's home of record is in another state.
(d) A felony charge or a criminal charge listed in section 5b
against the person is not pending at the time of application.
(e) The person is not prohibited from possessing, using,
transporting, selling, purchasing, carrying, shipping, receiving,
or distributing a firearm under section 224f of the Michigan penal
code, 1931 PA 328, MCL 750.224f.
(f) The person has not been adjudged insane in this state or
elsewhere unless he or she has been adjudged restored to sanity by
court order.
(g) The person is not under an order of involuntary commitment
in an inpatient or outpatient setting due to mental illness.
(h) The person has not been adjudged legally incapacitated in
this state or elsewhere. This subdivision does not apply to a
person who has had his or her legal capacity restored by order of
the court.
(4)
Applications An applicant
shall sign applications for
licenses
under this section shall be signed by the applicant under
oath upon forms provided by the director of the department of state
police. Licenses to purchase, carry, possess, or transport pistols
shall be executed in triplicate upon forms provided by the director
of the department of state police and shall be signed by the
licensing
authority. Three 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 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 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 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. This section does not prevent the transfer
of ownership of pistols that are inherited if the license to
purchase is approved by the commissioner or chief of police,
sheriff, or their authorized deputies, and signed by the personal
representative of the estate or by the next of kin having authority
to dispose of the pistol.
(8) An individual who is not a resident of this state is not
required to obtain a license under this section if all of the
following conditions apply:
(a) The individual is licensed in his or her state of
residence to purchase, carry, or transport a pistol.
(b) The individual is in possession of the license described
in subdivision (a).
(c) The individual is the owner of the pistol he or she
possesses, carries, or transports.
(d)
The individual possesses the pistol for a lawful purpose.
as
that term is defined in section 231a of the Michigan penal code,
1931
PA 328, MCL 750.231a.
(e) The individual is in this state for a period of 180 days
or less and does not intend to establish residency in this state.
(9) An individual who is a nonresident of this state shall
present the license described in subsection (8)(a) upon the demand
of a police officer. An individual who violates this subsection is
guilty of a misdemeanor punishable by imprisonment for not more
than 90 days or a fine of not more than $100.00, or both.
(10) The licensing authority may require a person claiming
active duty status with the United States armed forces to provide
proof of 1 or both of the following:
(a) The person's home of record.
(b) Permanent active duty assignment in this state.
(11) This section does not apply to a person who is younger
than the age required under subsection (3)(b) and who possesses a
pistol if all of the following conditions apply:
(a) The person is not otherwise prohibited from possessing
that pistol.
(b) The person is at a recognized target range.
(c) The person possesses the pistol for the purpose of target
practice or instruction in the safe use of a pistol.
(d) The person's parent or guardian is physically present and
supervising the person.
(e) The owner of the pistol is physically present.
(12) This section does not apply to a person who possesses a
pistol if all of the following conditions apply:
(a) The person is not otherwise prohibited from possessing a
pistol.
(b) The person is at a recognized target range or shooting
facility.
(c) The person possesses the pistol for the purpose of target
practice or instruction in the safe use of a pistol.
(d) The owner of the pistol is physically present and
supervising the use of the pistol.
(13) 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.
(14) 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 (6), 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 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. The notice shall include at least
all of the following:
(a) The name of the person.
(b) The date the order or disposition was entered into the law
enforcement information network.
(c) A statement that the person 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 may request that the state
police correct or expunge inaccurate information entered into the
law enforcement information network.
(2) A person 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 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 is not subject to an order of involuntary
commitment in an inpatient or outpatient setting due to mental
illness.
(ii) The person is not subject to an order or disposition
determining that the person is legally incapacitated.
(iii) The person 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 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 person is not subject to an order issued under the gun
violence restraining 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), 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 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 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 for amendment or expunction under subsection (2), or
fails to act within 30 days after receiving the request under
subsection (2), the person 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) Information contained in an order or disposition filed
with the department of state police under any provision of law
described in section 2(3)(a)(i) to (vii) is exempt from public
disclosure under the freedom of information act, 1976 PA 442, MCL
15.231 to 15.246.
(6) 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
a gun violence restraining order issued under the gun violence
restraining
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 gun violence
restraining order.
Sec. 5b. (1) To obtain a license to carry a concealed pistol,
an individual shall apply to the concealed weapon licensing board
in
the county in which that individual resides. The application
applicant
shall be filed 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 shall be on a form
provided by the director of the department of state police and
shall allow the applicant to designate whether the applicant seeks
a temporary license. The application shall be signed under oath by
the applicant. The oath shall be administered by the county clerk
or his or her representative. The application shall contain all of
the
following: information:
(a) The applicant's legal name and date of birth and the
address of his or her primary residence. If the applicant resides
in a city, village, or township that has a police department, the
name of the police department. Information received under this
subdivision is confidential, is not subject to disclosure under the
freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and
shall not be disclosed to any person except for purposes of this
act or for law enforcement purposes.
(b) A statement by the applicant that the applicant meets the
criteria for a license under this act to carry a concealed pistol.
(c) A statement by the applicant authorizing the concealed
weapon licensing board to access any record, including any medical
record, pertaining to the applicant's qualifications for a license
to carry a concealed pistol under this act. The applicant may
request that information received by the concealed weapon licensing
board under this subdivision be reviewed in a closed session. If
the applicant requests that the session be closed, the concealed
weapon licensing board shall close the session only for purposes of
this subdivision. The applicant and his or her representative have
the right to be present in the closed session. Medical records and
personal identifying information received by the concealed weapon
licensing board under this subdivision is confidential, is not
subject to disclosure under the freedom of information act, 1976 PA
442, MCL 15.231 to 15.246, and shall not be disclosed to any person
except for purposes of this act or for law enforcement purposes or
if the applicant is convicted of a felony involving a pistol.
(d) A statement by the applicant regarding whether he or she
has a history of mental illness that would disqualify him or her
under subsection (7)(j) to (l) from receiving a license to carry a
concealed pistol, and authorizing the concealed weapon licensing
board to access the mental health records of the applicant relating
to his or her mental health history. The applicant may request that
information received by the concealed weapon licensing board under
this subdivision be reviewed in a closed session. If the applicant
requests that the session be closed, the concealed weapon licensing
board shall close the session only for purposes of this
subdivision. The applicant and his or her representative have the
right to be present in the closed session. Medical records and
personal identifying information received by the concealed weapon
licensing board under this subdivision is confidential, is not
subject to disclosure under the freedom of information act, 1976 PA
442, MCL 15.231 to 15.246, and shall not be disclosed to any person
except for purposes of this act or for law enforcement purposes.
(e) A statement by the applicant regarding whether he or she
has ever been convicted in this state or elsewhere for any of the
following:
(i) Any felony.
(ii) A misdemeanor listed under subsection (7)(h) or (i), if
the
applicant was convicted of violating that misdemeanor in the 8
years immediately preceding the date of the application.
(f) A statement by the applicant whether he or she has been
dishonorably discharged from the United States armed forces.
(g) If the applicant seeks a temporary license, the facts
supporting the issuance of that temporary license.
(h) The names, residential addresses, and telephone numbers of
2 individuals who are references for the applicant. Information
received under this subdivision is confidential, is not subject to
disclosure under the freedom of information act, 1976 PA 442, MCL
15.231 to 15.246, and shall not be disclosed to any person except
for purposes of this act or for law enforcement purposes.
(i) A passport-quality photograph of the applicant provided by
the applicant at the time of application.
(j) A certificate stating that the applicant has completed the
training course prescribed by this act.
(2) The application form shall contain a conspicuous warning
that the application is executed under oath and that intentionally
making a material false statement on the application is a felony
punishable by imprisonment for not more than 4 years or a fine of
not more than $2,500.00, or both.
(3) An individual who intentionally makes a material false
statement on an application under subsection (1) is guilty of a
felony punishable by imprisonment for not more than 4 years or a
fine of not more than $2,500.00, or both.
(4) The concealed weapon licensing board shall retain a copy
of each application for a license to carry a concealed pistol as an
official record. One year after the expiration of a concealed
pistol license, the county clerk may destroy the record and
maintain only a name index of the record.
(5) Each applicant shall pay a nonrefundable fee of $105.00 by
any method of payment accepted by that county for payments of other
fees and penalties. Except for a local police agency as provided in
subsection (9), a unit of local government, an agency of a unit of
local government, or an agency or department of this state shall
not charge an additional fee, assessment, or other amount in
connection with a license under this section. The fee shall be
payable to the county. The county treasurer shall deposit $41.00 of
each fee collected under this section in the general fund of the
county and credit $26.00 of that deposit to the credit of the
county clerk and $15.00 of that deposit to the credit of the county
sheriff and forward the balance to the state treasurer. The state
treasurer shall deposit the balance of the fee in the general fund
to the credit of the department of state police. The department of
state police shall use the money received under this act to process
the fingerprints and to reimburse the federal bureau of
investigation for the costs associated with processing fingerprints
submitted under this act. The balance of the money received under
this act shall be credited to the department of state police.
(6) The county sheriff on behalf of the concealed weapon
licensing board shall verify the requirements of subsection (7)(d),
(e), (f), (h), (i), (j), (k), (l), and (m) through the law
enforcement information network and report his or her finding to
the concealed weapon licensing board. If the applicant resides in a
city, village, or township that has a police department, the
concealed weapon licensing board shall contact that city, village,
or township police department to determine only whether that city,
village, or township police department has any information relevant
to the investigation of whether the applicant is eligible under
this act to receive a license to carry a concealed pistol. The
concealed weapon licensing board may require a person claiming
active duty status with the United States armed forces under this
section to provide proof of 1 or both of the following:
(a) The person's home of record.
(b) Permanent active duty assignment in this state.
(7) The concealed weapon licensing board shall issue a license
to an applicant to carry a concealed pistol within the period
required under this act after the applicant properly submits an
application under subsection (1) and the concealed weapon licensing
board determines that all of the following circumstances exist:
(a) The applicant is 21 years of age or older.
(b) The applicant is a citizen of the United States or is an
alien lawfully admitted into the United States, is a legal resident
of this state, and has resided in this state for not less than the
6 months immediately preceding the date of application. The
concealed weapon licensing board may waive the 6-month residency
requirement for a temporary license under section 5a(8) if the
concealed weapon licensing board determines there is probable cause
to believe the safety of the applicant or the safety of a member of
the applicant's family is endangered by the applicant's inability
to immediately obtain a license to carry a concealed pistol. If the
applicant holds a valid concealed pistol license issued by another
state at the time the applicant's residency in this state is
established, the concealed weapon licensing board may waive the 6-
month waiting period and the applicant may apply for a concealed
pistol license at the time the applicant's residency in this state
is established. The concealed weapon licensing board shall
immediately issue a temporary license to that applicant. The
temporary license shall be valid until the concealed weapon
licensing board decides whether to grant or deny the application.
For
the purposes of this section, a person shall be is 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 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 gun violence restraining order act.
(e) The applicant is not prohibited from possessing, using,
transporting, selling, purchasing, carrying, shipping, receiving,
or distributing a firearm under section 224f of the Michigan penal
code, 1931 PA 328, MCL 750.224f.
(f) The applicant has never been convicted of a felony in this
state or elsewhere, and a felony charge against the applicant is
not pending in this state or elsewhere at the time he or she
applies for a license described in this section.
(g) The applicant has not been dishonorably discharged from
the United States armed forces.
(h) The applicant has not been convicted of a misdemeanor
violation of any of the following in the 8 years immediately
preceding the date of application:
(i) Section 617a of the Michigan vehicle code, 1949 PA 300, MCL
257.617a (failing to stop when involved in a personal injury
accident).
(ii) Section 625 of the Michigan vehicle code, 1949 PA 300, MCL
257.625, punishable as provided in subsection (9)(b) of that
section (operating while intoxicated, second offense).
(iii) Section 625m of the Michigan vehicle code, 1949 PA 300,
MCL 257.625m punishable under subsection (4) of that section
(operating a commercial vehicle with alcohol content, second
offense).
(iv) Section 626 of the Michigan vehicle code, 1949 PA 300, MCL
257.626 (reckless driving).
(v) Section 904(1) of the Michigan vehicle code, 1949 PA 300,
MCL 257.904 (operating while license suspended or revoked),
punishable as a second or subsequent offense.
(vi) Section 185 of the aeronautics code of the state of
Michigan, 1945 PA 327, MCL 259.185 (operating aircraft while under
the influence of intoxicating liquor or a controlled substance with
prior conviction).
(vii) Section 29 of the weights and measures act, 1964 PA 283,
MCL 290.629 (hindering or obstructing certain persons performing
official weights and measures duties).
(viii) Section 10 of the motor fuels quality act, 1984 PA 44,
MCL 290.650 (hindering, obstructing, assaulting, or committing
bodily injury upon director or authorized representative).
(ix) Section 81134 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.81134, punishable under
subsection (5) or (6) of that section (operating ORV under the
influence of intoxicating liquor or a controlled substance, second
or subsequent offense).
(x) Section 82127 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.82127 (operating a snowmobile
under the influence of intoxicating liquor or a controlled
substance), punishable as a second or subsequent offense under
section
82128(1)(b) or (c) of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.82128.
(xi) Section 80176 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.80176, and punishable under
section 80177(1)(b) (operating vessel under the influence of
intoxicating liquor or a controlled substance, second or subsequent
offense).
(xii) Section 7403 of the public health code, 1978 PA 368, MCL
333.7403.
(xiii) Section 353 of the railroad code of 1993, 1993 PA 354,
MCL 462.353 (operating locomotive under the influence of
intoxicating liquor or a controlled substance, or while visibly
impaired), punishable under subsection (4) of that section.
(xiv) Section 7 of 1978 PA 33, MCL 722.677 (displaying sexually
explicit matter to minors).
(xv) Section 81 of the Michigan penal code, 1931 PA 328, MCL
750.81 (assault or domestic assault).
(xvi) Section 81a(1) or (2) of the Michigan penal code, 1931 PA
328, MCL 750.81a (aggravated assault or aggravated domestic
assault).
(xvii) Section 115 of the Michigan penal code, 1931 PA 328, MCL
750.115 (breaking and entering or entering without breaking).
(xviii) Section 136b(6) 136b(8) 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).
(xix) (xx) Section
145n of the Michigan penal code, 1931 PA
328, MCL 750.145n (vulnerable adult abuse).
(xx) (xxi) Section
157b(3)(b) of the Michigan penal code, 1931
PA 328, MCL 750.157b (solicitation to commit a felony).
(xxi) (xxii) Section
215 of the Michigan penal code, 1931 PA 328,
MCL 750.215 (impersonating peace officer or medical examiner).
(xxii) (xxiii) Section
223 of the Michigan penal code, 1931 PA
328, MCL 750.223 (illegal sale of a firearm or ammunition).
(xxiii) (xxiv) Section
224d of the Michigan penal code, 1931 PA
328, MCL 750.224d (illegal use or sale of a self-defense spray).
(xxiv) (xxv) Section
226a of the Michigan penal code, 1931 PA
328, MCL 750.226a (sale or possession of a switchblade).
(xxv) (xxvi) Section
227c of the Michigan penal code, 1931 PA
328, MCL 750.227c (improper transportation of a loaded firearm).
(xxvi) (xxvii) Section Former section 228 of the
Michigan penal
code, 1931 PA 328, MCL 750.228 (failure to have a pistol
inspected).
(xxvii) (xxviii) Section
229 of the Michigan penal code, 1931 PA
328, MCL 750.229 (accepting a pistol in pawn).
(xxviii) (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).
(xxix) (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).
(xxx) (xxxi) Section
233 of the Michigan penal code, 1931 PA
328, MCL 750.233 (intentionally aiming a firearm without malice).
(xxxi) (xxxii) Section
234 of the Michigan penal code, 1931 PA
328, MCL 750.234 (intentionally discharging a firearm aimed without
malice).
(xxxii) (xxxiii) Section
234d of the Michigan penal code, 1931 PA
328, MCL 750.234d (possessing a firearm on prohibited premises).
(xxxiii) (xxxiv) Section
234e of the Michigan penal code, 1931 PA
328, MCL 750.234e (brandishing a firearm in public).
(xxxiv) (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).
(xxxv) (xxxvi) Section
235 of the Michigan penal code, 1931 PA
328, MCL 750.235 (intentionally discharging a firearm aimed without
malice causing injury).
(xxxvi) (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).
(xxxvii) (xxxviii) Section
236 of the Michigan penal code, 1931 PA
328, MCL 750.236 (setting a spring gun or other device).
(xxxviii) (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).
(xxxix) (xl) Section
237a of the Michigan penal code, 1931 PA
328, MCL 750.237a (weapon free school zone violation).
(xl) (xli) Section
335a of the Michigan penal code, 1931 PA 328,
MCL 750.335a (indecent exposure).
(xli) (xlii) Section
411h of the Michigan penal code, 1931 PA
328, MCL 750.411h (stalking).
(xlii) (xliii) Section
520e of the Michigan penal code, 1931 PA
328, MCL 750.520e (fourth degree criminal sexual conduct).
(xliii) (xliv) Section
1 of 1952 PA 45, MCL 752.861 (reckless,
careless, or negligent use of a firearm resulting in injury or
death).
(xliv) (xlv) Section
2 of 1952 PA 45, MCL 752.862 (careless,
reckless, or negligent use of a firearm resulting in property
damage).
(xlv) (xlvi) Section
3a 3 of 1952 PA 45, MCL 752.863a (reckless
discharge of a firearm).
(xlvi) (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).(xlv).
(i) The applicant has not been convicted of a misdemeanor
violation of any of the following in the 3 years immediately
preceding the date of application unless the misdemeanor violation
is listed under subdivision (h):
(i) Section 625 of the Michigan vehicle code, 1949 PA 300, MCL
257.625 (operating under the influence).
(ii) Section 625a of the Michigan vehicle code, 1949 PA 300,
MCL 257.625a (refusal of commercial vehicle operator to submit to a
chemical test).
(iii) Section 625k of the Michigan vehicle code, 1949 PA 300,
MCL 257.625k (ignition interlock device reporting violation).
(iv) Section 625l of the Michigan vehicle code, 1949 PA 300,
MCL 257.625l (circumventing an ignition interlocking device).
(v) Section 625m of the Michigan vehicle code, 1949 PA 300,
MCL 257.625m, punishable under subsection (3) of that section
(operating a commercial vehicle with alcohol content).
(vi) Section 185 of the aeronautics code of the state of
Michigan, 1945 PA 327, MCL 259.185 (operating aircraft under the
influence).
(vii) Section 81134 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.81134 (operating ORV under the
influence).
(viii) Section 81135 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.81135 (operating ORV while
visibly impaired).
(ix) Section 82127 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.82127 (operating a snowmobile
under the influence).
(x) Part 74 of the public health code, 1978 PA 368, MCL
333.7401 to 333.7461 (controlled substance violation).
(xi) Section 353 of the railroad code of 1993, 1993 PA 354, MCL
462.353 (operating locomotive under the influence), punishable
under subsection (3) of that section.
(xii) Section 167 of the Michigan penal code, 1931 PA 328, MCL
750.167 (disorderly person).
(xiii) Section 174 of the Michigan penal code, 1931 PA 328, MCL
750.174 (embezzlement).
(xiv) Section 218 of the Michigan penal code, 1931 PA 328, MCL
750.218 (false pretenses with intent to defraud).
(xv) Section 356 of the Michigan penal code, 1931 PA 328, MCL
750.356 (larceny).
(xvi) Section 356d of the Michigan penal code, 1931 PA 328, MCL
750.356d (second degree retail fraud).
(xvii) Section 359 of the Michigan penal code, 1931 PA 328, MCL
750.359
(larceny - 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).telecommunications
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, the
courts, and other government entities as necessary and exclusively
to determine eligibility to be licensed under this act.
(9) An individual, after submitting an application and paying
the fee prescribed under subsection (5), shall request and have
classifiable fingerprints taken by the county sheriff or a local
police agency if that local police agency maintains fingerprinting
capability. If the individual requests that classifiable
fingerprints be taken by a local police agency, the individual
shall also pay to that local police agency a fee of $15.00 by any
method of payment accepted by the unit of local government for
payments of other fees and penalties. The county sheriff or local
police agency shall take the fingerprints within 5 business days
after the request.
(10) The fingerprints shall be taken, under subsection (9), on
forms and in a manner prescribed by the department of state police.
The fingerprints shall be immediately forwarded to the department
of state police for comparison with fingerprints already on file
with the department of state police. The department of state police
shall forward the fingerprints to the federal bureau of
investigation. Within 10 days after receiving a report of the
fingerprints from the federal bureau of investigation, the
department of state police shall provide a copy to the submitting
sheriff's department or local police agency as appropriate and the
clerk of the appropriate concealed weapon licensing board. Except
as provided in subsection (14), the concealed weapon licensing
board shall not issue a concealed pistol license until it receives
the fingerprint comparison report prescribed in this subsection.
The concealed weapon licensing board may deny a license if an
individual's fingerprints are not classifiable by the federal
bureau of investigation.
(11) The concealed weapon licensing board shall deny a license
to an applicant to carry a concealed pistol if the applicant is not
qualified under subsection (7) to receive that license.
(12) A license to carry a concealed pistol that is issued
based upon an application that contains a material false statement
is void from the date the license is issued.
(13) Subject to subsections (10) and (14), the concealed
weapon licensing board shall issue or deny issuance of a license
within 45 days after the concealed weapon licensing board receives
the fingerprint comparison report provided under subsection (10).
If the concealed weapon licensing board denies issuance of a
license to carry a concealed pistol, the concealed weapon licensing
board shall within 5 business days do both of the following:
(a) Inform the applicant in writing of the reasons for the
denial. Information under this subdivision shall include all of the
following:
(i) A statement of the specific and articulable facts
supporting the denial.
(ii) Copies of any writings, photographs, records, or other
documentary evidence upon which the denial is based.
(b) Inform the applicant in writing of his or her right to
appeal the denial to the circuit court as provided in section 5d.
(14) If the fingerprint comparison report is not received by
the concealed weapon licensing board within 60 days after the
fingerprint report is forwarded to the department of state police
by the federal bureau of investigation, the concealed weapon
licensing board shall issue a temporary license to carry a
concealed pistol to the applicant if the applicant is otherwise
qualified for a license. A temporary license issued under this
section is valid for 180 days or until the concealed weapon
licensing board receives the fingerprint comparison report provided
under subsection (10) and issues or denies issuance of a license to
carry a concealed pistol as otherwise provided under this act. Upon
issuance or the denial of issuance of the license to carry a
concealed pistol to an applicant who received a temporary license
under this section, the applicant shall immediately surrender the
temporary license to the concealed weapon licensing board that
issued that temporary license.
(15) If an individual licensed under this act to carry a
concealed pistol moves to a different county within this state, his
or her license remains valid until it expires or is otherwise
suspended or revoked under this act. A license to carry a concealed
pistol that is lost, stolen, or defaced may be replaced by the
issuing county clerk for a replacement fee of $10.00.
(16) If a concealed weapons licensing board suspends or
revokes a license issued under this act, the license is forfeited
and shall be returned to the concealed weapon licensing board
forthwith. An individual who fails to return a license as required
under this subsection after he or she was notified that his or her
license was suspended or revoked is guilty of a misdemeanor
punishable by imprisonment for not more than 93 days or a fine of
not more than $500.00, or both.
(17) An applicant or an individual licensed under this act to
carry a concealed pistol may be furnished a copy of his or her
application under this section upon request and the payment of a
reasonable fee.
(18) This section does not prohibit the concealed weapon
licensing board from making public and distributing to the public
at no cost lists of individuals who are certified as qualified
instructors as prescribed under section 5j.
(19) As used in this section:
(a) "Convicted" means a final conviction, the payment of a
fine, a plea of guilty or nolo contendere if accepted by the court,
or a finding of guilt for a criminal law violation or a juvenile
adjudication or disposition by the juvenile division of probate
court or family division of circuit court for a violation that if
committed by an adult would be a crime.
(b) "Felony" means that term as defined in section 1 of
chapter I of the code of criminal procedure, 1927 PA 175, MCL
761.1, or a violation of a law of the United States or another
state that is designated as a felony or that is punishable by death
or by imprisonment for more than 1 year.
(c) "Mental illness" means a substantial disorder of thought
or mood that significantly impairs judgment, behavior, capacity to
recognize reality, or ability to cope with the ordinary demands of
life, and includes, but is not limited to, clinical depression.
(d) "Misdemeanor" means a violation of a penal law of this
state or violation of a local ordinance substantially corresponding
to a violation of a penal law of this state that is not a felony or
a violation of an order, rule, or regulation of a state agency that
is punishable by imprisonment or a fine that is not a civil fine,
or both.
(e) "Treatment" means care or any therapeutic service,
including, but not limited to, the administration of a drug, and
any other service for the treatment of a mental illness.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. ____ or House Bill No. 5688 (request no.
05728'14) of the 97th Legislature is enacted into law.
