June 11, 2014, Introduced by Senators MOOLENAAR, EMMONS, BOOHER, GREEN, MEEKHOF, HILDENBRAND, PAVLOV, MARLEAU, JONES, ROBERTSON, COLBECK, HUNE and PAPPAGEORGE 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 section 5l (MCL 28.425l), as amended by 2012 PA 32.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
5l. (1) A license to carry a concealed pistol
issued on or
after
July 1, 2003 but before July 1, 2006 is valid for 5 years.
(2)
An initial A license to carry a concealed pistol, issued
or
renewed on or after July 1, 2006, other than a license described
in
subsection (1), including a
renewal license, is valid until the
applicant's date of birth that falls not less than 4 years or more
than 5 years after the license is issued or renewed, as applicable.
Except
as provided in subsections (8) and (9), this section, a
renewal
of a license under section 5b shall
, except as provided in
this
section, be issued in the same
manner as an original license
issued under section 5b.
(2) (3)
Subject to subsections (7) and (8), and
(9), an
application to renew a license to carry a concealed pistol may be
submitted not more than 6 months before the expiration of the
current license. A member of the United States armed forces, the
United States armed forces reserve, or the Michigan national guard
who is on orders to a duty station outside of this state may submit
his or her application to renew a license to carry a concealed
pistol by first-class mail, containing the required fee, a
notarized application, the licensee's address of record within the
state, the licensee's orders to report to a duty station outside of
this state, and if the licensee desires to have his or her
application receipt, renewal license, or any other notices mailed
to his or her address of assignment or deployment, a letter
requesting that action including the address of assignment or
deployment. If the concealed weapon licensing board approves a
renewal license under this section, the county clerk shall send the
license to the licensee by first-class mail in a sealed envelope.
If the licensee is a member of the United States armed forces, the
United States armed forces reserve, or the Michigan national guard
who is on orders to a duty station outside of this state and
requests that his or her license be sent to the address of
assignment or deployment, the county clerk shall mail the license
to the licensee at the address of assignment or deployment provided
in the renewal application. If the concealed weapon licensing board
approves the renewal, the effective date of the renewal license is
the date of expiration of the current license or the date of
approval of the renewal, whichever is later, and the date of
expiration is the applicant's date of birth which is not less than
4 years or more than 5 years from the effective date of the
license.
(3) (4)
The concealed weapon licensing
board shall issue or
deny issuance of a renewal license within 60 days after the
application for renewal is properly submitted. The county clerk
shall issue the applicant a receipt for his or her renewal
application at the time the application is submitted. If the
renewal application is submitted by a member of the United States
armed forces, the United States armed forces reserve, or the
Michigan national guard who is on orders to a duty station outside
of this state, the county clerk shall mail the receipt to the
licensee by first-class mail. The receipt shall contain all of the
following:
(a) The name of the applicant.
(b) The date and time the receipt is issued.
(c) The amount paid.
(d) A statement that the receipt is for a license renewal.
(e) A statement of whether the applicant qualifies for an
extension
under subsection (5).(4).
(f) The name of the county in which the receipt is issued.
(g) An impression of the county seal.
(4) (5)
If the concealed weapon licensing
board fails to deny
or issue a renewal license to the person within 60 days as required
under
subsection (4), (3), the expiration date of the current
license is extended by 180 days or until the renewal license is
issued, whichever occurs first. This subsection does not apply
unless the person pays the renewal fee at the time the renewal
application is submitted and the person has submitted a receipt
from a police agency that confirms that a background check has been
requested by the applicant.
(5) (6)
A person carrying a concealed
pistol after the
expiration date of his or her license pursuant to an extension
under
subsection (5) (4) shall keep the receipt issued by the
county
clerk under subsection (4) (3)
and his or her expired
license in his or her possession at all times that he or she is
carrying the pistol. For the purposes of this act, the receipt is
considered to be part of the license to carry a concealed pistol
until a renewal license is issued or denied. Failing to have the
receipt and expired license in possession while carrying a
concealed pistol or failing to display the receipt to a peace
officer upon request is a violation of this act.
(6) (7)
The educational requirements under
section 5b(7)(c)
are waived for an applicant who is a retired police officer or
retired law enforcement officer.
(7) (8)
The educational requirements under
section 5b(7)(c)
for an applicant who is applying for a renewal of a license under
this act are waived except that the applicant shall certify that he
or she has completed at least 3 hours' review of the training
described under section 5b(7)(c) and has had at least 1 hour of
firing range time in the 6 months immediately preceding the
subsequent application.
(8) (9)
Beginning January 1, 2007, an
applicant who is
applying for a renewal of a license issued under section 5b is not
required to have fingerprints taken again under section 5b(9) if
all of the following conditions have been met:
(a) There has been established a system for the department of
state police to save and maintain in its automated fingerprint
identification system (AFIS) database all fingerprints that are
submitted to the department of state police under section 5b.
(b) The applicant's fingerprints have been submitted to and
maintained by the department of state police as described in
subdivision (a) for ongoing comparison with the automated
fingerprint identification system (AFIS) database.