SB-0977, As Passed Senate, August 13, 2014

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 977

 

 

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.