HOUSE BILL No. 4773

July 14, 2015, Introduced by Reps. Gamrat, Courser and Glenn 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 5b, 12, and 15 (MCL 28.425b, 28.432, and

28.435), section 5b as amended by 2015 PA 16, section 12 as amended

by 2010 PA 209, and section 15 as added by 2000 PA 265.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 5b. (1) Until November 30, 2015, 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. Beginning December 1, 2015, 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 shall be on a form provided

by the director of the department of state police. Until November

30, 2015, the application shall allow the applicant to designate

whether the applicant seeks a temporary license. Beginning December

1, 2015, the application shall allow the applicant to designate

whether the applicant seeks an emergency 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.

Beginning December 1, 2015, not more than 1 application may be

submitted under this subsection in any calendar year. Beginning

December 1, 2015, 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). Beginning December 1, 2015, 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. Beginning December

1, 2015, a completed application under this section expires 1 year

from the date of application. Beginning December 1, 2015, 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 shall

contain all of the following:

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

his or her primary residence, and, beginning December 1, 2015, his

or her state-issued driver license or personal identification card

number. Until November 30, 2015, if the applicant resides in a

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

of the police department.

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

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

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. Beginning December 1, 2015, 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) Until November 30, 2015, if the applicant seeks a

temporary license, the facts supporting the issuance of that

temporary license.

(h) Until November 30, 2015, the names, residential addresses,

and telephone numbers of 2 individuals who are references for the

applicant.

(i) Until November 30, 2015, a passport-quality photograph of

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

Beginning December 1, 2015, 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.

(j) 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 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 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 maintain only a name index

of the record.

(5) Until November 30, 2015, each applicant shall pay a

nonrefundable application and licensing fee of $105.00 by any

method of payment accepted by that county for payments of other

fees and penalties. Beginning December 1, 2015, each applicant

shall pay an 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 application and licensing fee shall be

payable to the county. Until November 30, 2015, the county

treasurer shall deposit $15.00 of each application and licensing

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

and credit that deposit to the credit of the county sheriff and

deposit $26.00 of each fee collected under this section in the

concealed pistol licensing fund of that county created in section

5x. Beginning December 1, 2015, 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

shall be credited to the department of state police.

(6) Until November 30, 2015, 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. Beginning

December 1, 2015, 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. Until November 30, 2015, 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. Until November 30, 2015, 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) Until November 30, 2015, the concealed weapon licensing

board and, beginning December 1, 2015, 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 concealed weapon licensing board or 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. Until

November 30, 2015, 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

that there is probable cause to believe that the safety of the

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

endangered by the applicant's inability to immediately obtain a

license to carry a concealed pistol. Until November 30, 2015, 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. Until November 30, 2015, the concealed weapon

licensing board shall immediately issue a temporary license to that

applicant. Until November 30, 2015, the temporary license is valid

until the concealed weapon licensing board decides whether to grant

or deny the application. Beginning December 1, 2015, 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. Beginning December 1, 2015, 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 waiting period 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, a person is considered a legal resident of this state if

any of the following apply:

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

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

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

person's home of record is in this state.

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

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

the person's home of record is in another state.

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

pistol safety training course or class that meets the requirements

of section 5j.

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

procedure, 1927 PA 175, MCL 765.6b.

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

procedure, 1927 PA 175, MCL 769.16b.

(e) The applicant is not prohibited from possessing, using,

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

or distributing a firearm under section 224f of the Michigan penal

code, 1931 PA 328, MCL 750.224f.

(f) The applicant has never been convicted of a felony in this

state or elsewhere, and a felony charge against the applicant is

not pending in this state or elsewhere at the time he or she

applies for a license described in this section.

(g) The applicant has not been dishonorably discharged from

the United States armed forces.

(h) The applicant has not been convicted of a misdemeanor

violation of any of the following in the 8 years immediately

preceding the date of application 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 232 (failure to register the purchase of a

firearm or a firearm component), ~~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, 750.232, ~~750.232a,~~ 750.233, 750.234,

~~750.234d,~~ 750.234e, 750.234f, 750.235, 750.235a, 750.236, 750.237,

750.237a, 750.335a, 750.411h, and 750.520e.

(x) Former section 223, 227c, 228, 232a, or 234d 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) 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) 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 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) 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 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, 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 the county clerk, department

of state police, 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. Beginning

December 1, 2015, 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. Beginning December 1,

2015, the entity providing fingerprinting services shall issue the

applicant a receipt at the time his or her fingerprints are taken.

Beginning December 1, 2015, 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). Beginning December 1, 2015, a

receipt under this subsection shall contain all of the following:

(a) The name of the applicant.

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

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

(e) The applicant'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 shall be taken, under subsection (9), in

a manner prescribed by the department of state police. The

fingerprints taken by a county clerk, county sheriff, local police

agency, or other entity shall be immediately forwarded to the

department of state police for comparison with fingerprints already

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

state police shall immediately forward the fingerprints to the

Federal Bureau of Investigation. Until November 30, 2015, 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. Beginning December 1, 2015,

within 5 business days of completing the verification under

subsection (6), the department shall send the county clerk a list

of an applicant's statutory disqualifications under this act. Until

November 30, 2015, and 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. Beginning December 1, 2015, and

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. Beginning December 1, 2015, 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. Until November 30, 2015, the concealed

weapon licensing board may deny a license if an individual's

fingerprints are not classifiable by the Federal Bureau of

Investigation. Beginning December 1, 2015, 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) Until November 30, 2015, 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. Beginning December 1, 2015, the county clerk

shall send by first-class mail a notice of statutory

disqualification for a license under this act to an applicant 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) Until November 30, 2015, and 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). Beginning December 1, 2015, and 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 applicant has classifiable

fingerprints taken under subsection (9). Beginning December 1,

2015, 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. Until November 30, 2015, if the concealed weapon

licensing board denies issuance of a license to carry a concealed

pistol, or beginning December 1, 2015, if the county clerk issues a

notice of statutory disqualification, the concealed weapon

licensing board or the county clerk, as appropriate, shall within 5

business days do all of the following:

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

denial or disqualification. Information under this subdivision

shall include all of the following:

(i) Until November 30, 2015, a statement of the specific and

articulable facts supporting the denial. Beginning December 1,

2015, a statement of each statutory disqualification identified.

(ii) Until November 30, 2015, copies of any writings,

photographs, records, or other documentary evidence upon which the

denial is based. Beginning December 1, 2015, the source of the

record for each statutory disqualification identified.

(iii) Beginning December 1, 2015, the contact information for

the source of the record for each statutory disqualification

identified.

(b) Inform the applicant 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.

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) Until November 30, 2015, 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. Until November 30,

2015, 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. Until November 30, 2015, 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. Beginning December 1, 2015, if a

license or notice of statutory disqualification is not issued under

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

classifiable fingerprints taken under subsection (9), the receipt

issued under subsection (9) shall serve 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. Beginning December 1, 2015, 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, or defaced 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.

Beginning December 1, 2015, 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. Beginning December 1, 2015, the county clerk

shall notify the department of state police if a license is

suspended or revoked. Beginning December 1, 2015, 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) Beginning December 1, 2015, 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.

Beginning December 1, 2015, 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

unless the applicant requests that it be delivered by first-class

mail.

(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 the issuance of a

license under this act to an individual who later commits a crime

or a negligent act.

(21) Beginning December 1, 2015, an individual licensed under

this act to carry a concealed pistol may voluntarily surrender that

license without explanation. Beginning December 1, 2015, a county

clerk shall retain a surrendered license as an official record for

1 year after the license is surrendered. Beginning December 1,

2015, if an individual voluntarily surrenders a license under this

subsection, the county clerk shall notify the department of state

police. Beginning December 1, 2015, 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.

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

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

her employee identification.

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

his or her identification.

(vii) For an individual who is an auxiliary officer or reserve

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

identification.

(viii) For an individual who is a parole or probation officer

of the department of corrections, his or her employee

identification.

(ix) 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.

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

employee identification.

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

identification required under the law enforcement officers safety

act or a letter from a law enforcement agency stating that the

retired federal law enforcement officer retired in good standing.

(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.

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.

Sec. 12. (1) Section 2 does not apply to any of the following:

(a) A police or correctional agency of the United States or of

this state or any subdivision of this state.

(b) The United States army, air force, navy, or marine corps.

weapons from the United States or from this state.

(d) The national guard, armed forces reserves, or other duly

authorized military organization.

(e) A member of an entity or organization described in

subdivisions (a) through (d) for a pistol while engaged in the

course of his or her duties with that entity or while going to or

returning from those duties.

(f) A United States citizen holding a license to carry a

pistol concealed upon his or her person issued by another state.

(g) The regular and ordinary possession and transportation of

a pistol as merchandise by an authorized agent of a person licensed

to manufacture firearms or a licensed dealer.

(h) Purchasing, owning, carrying, possessing, using, or

transporting an antique firearm. ~~As used in this subdivision,~~

~~"antique firearm" means that term as defined in section 231a of the~~

~~Michigan penal code, 1931 PA 328, MCL 750.231a.~~

(i) An individual carrying, possessing, using, or transporting

a pistol belonging to another individual, if the other individual's

possession of the pistol is authorized by law and the individual

carrying, possessing, using, or transporting the pistol has

obtained a license under section 5b to carry a concealed pistol or

is exempt from licensure as provided in section 12a.

(2) The amendatory act that added subsection (1)(h) shall be

known and may be cited as the "Janet Kukuk act".

Sec. 15. (1) Except as provided in subsection (2), a

federally licensed firearms dealer shall not sell a firearm in this

state unless the sale includes 1 of the following:

(a) A commercially available trigger lock or other device

designed to disable the firearm and prevent the discharge of the

firearm.

(b) A commercially available gun case or storage container

that can be secured to prevent unauthorized access to the firearm.

(2) This section does not apply to any of the following:

(a) The sale of a firearm to a police officer or a police

agency.

(b) The sale of a firearm to a person who presents to the

federally licensed firearms dealer 1 of the following:

(i) A trigger lock or other device designed to disable the

firearm and prevent the discharge of the firearm together with a

copy of the purchase receipt for the federally licensed firearms

dealer to keep. A separate trigger lock or device and a separate

purchase receipt ~~shall be~~ is required for each firearm purchased.

(ii) A gun case or storage container that can be secured to

prevent unauthorized access to the firearm together with a copy of

the purchase receipt for the federally licensed firearms dealer to

keep. A separate gun case or storage container and a separate

purchase receipt ~~shall be~~ is required for each firearm purchased.

~~subdivision, "antique firearm" means that term as defined in~~

~~section 231a of the Michigan penal code, 1931 PA 328, MCL 750.231a.~~

(d) The sale or transfer of a firearm if the seller is not a

federally licensed firearms dealer.

(3) A federally licensed firearms dealer shall not sell a

firearm in this state unless the firearm is accompanied with, free

of charge, a brochure or pamphlet that includes safety information

on the use and storage of the firearm in a home environment.

(4) Upon the sale of a firearm, a federally licensed firearms

dealer shall sign a statement and require the purchaser to sign a

statement stating that the sale is in compliance with subsections

(1), (2), and (3).

(5) A federally licensed firearms dealer shall retain a copy

of the signed statements prescribed in subsection (4) and, if

applicable, a copy of the receipt prescribed in subsection (2)(b),

for at least 6 years.

(6) A federally licensed firearms dealer in this state shall

post in a conspicuous manner at the entrances, exits, and all

points of sale on the premises where firearms are sold a notice

that says the following: "You may be criminally and civilly liable

for any harm caused by a person less than 18 years of age who

lawfully gains unsupervised access to your firearm if unlawfully

stored.".

(7) A federally licensed firearms dealer is not liable for

damages arising from the use or misuse of a firearm if the sale

complies with this section, any other applicable law of this state,

and applicable federal law.

(8) This section does not create a civil action or liability

for damages arising from the use or misuse of a firearm or

ammunition for a person, other than a federally licensed firearms

dealer, who produces a firearm or ammunition.

(9) Subject to subsections (10) to (12), a political

subdivision shall not bring a civil action against any person who

produces a firearm or ammunition. The authority to bring a civil

action under this section is reserved exclusively to the state and

can be brought only by the attorney general. The court shall award

costs and reasonable attorney fees to each defendant named in a

civil action filed in violation of this subsection.

(10) Subject to subsection (11), subsection (9) does not

prohibit a civil action by a political subdivision based on 1 or

more of the following, which the court shall narrowly construe:

(a) A breach of contract, other contract issue, or an action

based on a provision of the uniform commercial code, 1962 PA 174,

MCL 440.1101 to ~~440.11102,~~ 440.9994, in which the political

subdivision is the purchaser and owner of the firearm or

ammunition.

(b) Expressed or implied warranties arising from the purchase

of a firearm or ammunition by the political subdivision or the use

of a firearm or ammunition by an employee or agent of the political

subdivision.

action when an employee or agent or property of the political

subdivision has been injured or damaged as a result of a defect in

the design or manufacture of the firearm or ammunition purchased

and owned by the political subdivision.

(11) Subsection (10) does not allow an action based on any of

the following:

(a) A firearm's or ammunition's inherent potential to cause

injury, damage, or death.

(b) Failure to warn the purchaser, transferee, or user of the

firearm's or ammunition's inherent potential to cause injury,

damage, or death.

device or mechanism to prevent a firearm or ammunition from being

discharged by an unauthorized person unless specifically provided

for by contract.

(12) Subsections (9) through (11) do not create a civil

action.

(13) Subsections (9) through (11) are intended only to clarify

the current status of the law in this state, are remedial in

nature, and, therefore, apply to a civil action pending on the

effective date of this act.

(14) Beginning September 1, 2000, a person who violates this

section is guilty of a crime as follows:

(a) Except as provided in subdivision (b) or (c), the person

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.

(b) For a second conviction, the person is guilty of a

misdemeanor punishable by imprisonment for not more than 1 year or

a fine of not more than $1,000.00, or both.

of a felony punishable by imprisonment for not more than 2 years or

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

(15) As used in this section:

(a) "Federally licensed firearms dealer" means a person

licensed under ~~section 923 of title 18 of the United States Code,~~

18 ~~U.S.C.~~ USC 923.

(b) "Firearm or ammunition" includes a component of a firearm

or ammunition.

association, or other legal entity.

(d) "Political subdivision" means a county, city, village,

township, charter township, school district, community college, or

public university or college.

(e) "Produce" means to manufacture, construct, design,

formulate, develop standards for, prepare, process, assemble,

inspect, test, list, certify, give a warning or instructions

regarding, market, sell, advertise, package, label, distribute, or

transfer.