November 27, 2018, Introduced by Rep. LaFave 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 2017 PA 95.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5l. (1) A license to carry a concealed pistol, 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. The county clerk shall
notify the licensee that his or her license is about to expire and
may be renewed as provided in this section. The notification must
be sent by the county clerk to the last known address of the
licensee as shown on the records of the county clerk. The
notification must be sent in a sealed envelope by first-class mail
not less than 3 months or more than 6 months before the expiration
date of the current license. Except as provided in this section, a
renewal of a license under section 5b must be issued in the same
manner as an original license issued under section 5b. An applicant
is eligible for a renewal of a license under this section if his or
her license is not expired, or expired within a 1-year period
before
the date of application under this section. Each applicant
who
submits an application for a renewal license to a county clerk
under
this section shall pay an application and licensing fee of
$115.00
by any method of payment accepted by that county for
payments
of other fees and penalties. No other
charge, fee, cost,
or assessment, including any local charge, fee, cost, or
assessment,
is required of the applicant. except as specifically
authorized
in this act. The applicant shall pay the application and
licensing
fee to the county. The county treasurer shall deposit
$36.00
of each fee collected under this subsection 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.
(2) Subject to subsections (9) and (10), 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. No
later than December 1, 2018, the department of state police shall
provide a system for an applicant to submit his or her application
to renew a license to carry a concealed pistol online or by first-
class mail and shall accept those applications on behalf of the
county clerk as required under this act at no additional charge.
Each
applicant who submits a renewal license online or by first-
class
mail to the department of state police under this section
shall
pay an application and licensing fee of $115.00 by any method
of
payment accepted by the department of state police. No other
charge, fee, cost, or assessment is required of the applicant.
except
as specifically authorized in this act. The applicant shall
pay
the application and licensing fee to the state. The state
treasurer
shall forward $36.00 of each fee collected under this
subsection
to the county treasurer who shall deposit the $36.00 in
the
concealed pistol licensing fund of that county created in
section
5x. 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 notify the county
clerk of the county in which the applicant resides of a properly
submitted online application or application by first-class mail
received by the department. If the county clerk issues 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
county clerk issues the renewal, the effective date of the renewal
license is the date of expiration of the current license or the
date of approval or issue 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) The department of state police shall complete the
verification required under section 5b(6) and the county clerk
shall issue a renewal license or a notice of statutory
disqualification within 30 days after the date the renewal
application was received. Beginning on the date the department of
state police establishes a system under subsection (2), the
department of state police shall provide an applicant a digital
receipt, or a receipt by first-class mail if requested, for his or
her renewal application submitted online at the time the
application is received by the department of state police.
Beginning on the date the department of state police establishes a
system under subsection (2), the department of state police shall
mail an applicant a receipt by first-class mail for his or her
renewal application submitted by first-class mail at the time the
application is received by the department of state police. The
receipt issued under this subsection to an individual applying for
a renewal license whose current license is not expired at the time
of application must contain all of the following:
(a) The name of the applicant.
(b) The date and time the receipt is issued.
(c)
The amount paid.
(c) (d)
The applicant's state-issued driver
license or
personal identification card number.
(d) (e)
The statement "This receipt
was issued for the purpose
of renewal of a concealed pistol license. As provided in section 5l
of 1927 PA 372, MCL 28.425l, this receipt shall serve as a
concealed pistol license for the individual named in the receipt
when carried with the expired license and is valid 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.".
(e) (f)
The name of the county in which the
receipt is issued,
if applicable.
(f) (g)
An impression of the county seal,
if applicable.
(4) The receipt issued under subsection (3) to an individual
applying for a renewal license whose license is expired must
contain all of the following:
(a) The name of the applicant.
(b) The date and time the receipt is issued.
(c)
The amount paid.
(c) (d)
The applicant's state-issued driver
license or
personal identification card number.
(d) (e)
The statement "This receipt
was issued for the purpose
of renewal of a concealed pistol license. As provided in section 5l
of 1927 PA 372, MCL 28.425l, if a license or notice of statutory
disqualification is not issued within 30 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 a 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.".
(5) Until November 30, 2018, 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 county clerk issues 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. Until November 30, 2018, if a 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 a receipt to the licensee by first-class mail.
(6) If an individual applies for a renewal license before the
expiration of his or her license, the expiration date of the
current license is extended until the renewal license or notice of
statutory disqualification is issued. The county clerk shall notify
the department of state police in a manner prescribed by the
department of state police after he or she receives an application
for renewal. The department of state police shall immediately enter
into the law enforcement information network the date that
application for renewal was submitted and that the renewal
application is pending.
(7) A person carrying a concealed pistol after the expiration
date of his or her license under an extension under subsection (6)
shall keep the receipt issued by the county clerk under subsection
(3) and his or her expired license in his or her possession at all
times that he or she is carrying the pistol. For the purposes of
this act, the receipt is considered to be part of the license to
carry a concealed pistol until a renewal license is issued or
denied or a notice of statutory disqualification is issued.
(8) The educational requirements under section 5b(7)(c) are
waived for an applicant who is a retired police officer or retired
law enforcement officer.
(9) 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. The educational and firing range requirements of this
subsection are met if the applicant certifies on the renewal
application form that he or she has complied with the requirements
of this subsection. An applicant is not required to verify the
statements made under this subsection and is not required to obtain
a certificate or undergo training other than as required by this
subsection.
(10) 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.