February 14, 2019, Introduced by Reps. VanSingel and Lower 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, issued before January 1, 2016, 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. A license to carry a concealed pistol, including a
renewal license, issued on or after January 1, 2016, is valid until
the applicant's date of birth that falls not less than 9 years or
more than 10 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 county clerk shall
send 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) (8)
and (10), (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. No later than December 1, 2018, the 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 one of the
following:
(a) For licenses renewed before January 1, 2016, 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.
(b) For licenses renewed on or after January 1, 2016, the
applicant's date of birth, which is not less than 9 years or more
than 10 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 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 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.
(d) The applicant's state-issued driver license or personal
identification card number.
(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.".
(f) The name of the county in which the receipt is issued, if
applicable.
(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.
(d) The applicant's state-issued driver license or personal
identification card number.
(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.
(5) (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.
(6) (7)
A person carrying a concealed
pistol after the
expiration date of his or her license under an extension under
subsection
(6) (5) 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.
(7) (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.
(8) (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.
(9) (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.