SENATE BILL NO. 867
February 10, 1998, Introduced by Senator BERRYMAN and
referred to the Committee on Hunting, Fishing and Agriculture.
A bill to amend 1927 PA 372, entitled
"An act to regulate and license the selling, purchasing, possess-
ing, and carrying of certain firearms and gas ejecting devices;
to prohibit the buying, selling, or carrying of certain firearms
and gas ejecting devices without a license; to provide for the
forfeiture of firearms possessed in violation of this act; to
provide immunity from civil liability under certain circum-
stances; to prescribe the powers and duties of certain state and
local agencies; and to repeal all acts and parts of acts incon-
sistent with the provisions of this act,"
by amending section 6 (MCL 28.426), as amended by 1994 PA 338.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 6. (1) The prosecuting attorney, the sheriff, and the
2 director of the department of state police, or their respective
3 authorized deputies, shall AND THE MEMBERS
APPOINTED UNDER
4 SUBSECTION (2) constitute CONCEALED WEAPON LICENSING boards
5 exclusively authorized to issue a license to an applicant
6 residing within their respective counties , to
carry a pistol
7 concealed on the person and to carry a pistol, whether concealed
04537'97 * JOJ
2
1 or otherwise, in a vehicle operated or occupied by the
2 applicant. The county clerk of each county shall be clerk of the
3 COUNTY'S CONCEALED WEAPON licensing board. , which board
shall
4 be known as the concealed weapon licensing board.
5 (2) THE COUNTY BOARD OF COMMISSIONERS OF EACH COUNTY OR, IN
6 A COUNTY THAT HAS A COUNTY EXECUTIVE OR COUNTY MANAGER, THE
7 COUNTY EXECUTIVE OR COUNTY MANAGER SHALL APPOINT 4 MEMBERS TO THE
8 COUNTY'S CONCEALED WEAPON LICENSING BOARD. A MEMBER OF THE
9 COUNTY BOARD OF COMMISSIONERS OR A COUNTY EXECUTIVE OR COUNTY
10 MANAGER IS NOT ELIGIBLE TO SERVE ON A CONCEALED WEAPON LICENSING
11 BOARD OF THE COUNTY. EACH MEMBER SHALL RESIDE IN THAT COUNTY.
12 EACH MEMBER SHALL BE APPOINTED FOR A 2-YEAR TERM AND SHALL SERVE
13 UNTIL HIS OR HER SUCCESSOR IS APPOINTED. THE COUNTY BOARD OF
14 COMMISSIONERS OR, IN A COUNTY THAT HAS A COUNTY EXECUTIVE OR
15 COUNTY MANAGER, THE COUNTY EXECUTIVE OR COUNTY MANAGER MAY REMOVE
16 ANY MEMBER APPOINTED UNDER THIS SUBSECTION FOR FAILURE TO ATTEND
17 3 OR MORE CONSECUTIVE MEETINGS OF THE CONCEALED WEAPON LICENSING
18 BOARD.
19 (3) A CONCEALED WEAPON LICENSING BOARD SHALL NOT GRANT A
20 license to carry a pistol concealed on the person or to carry a
21 pistol, whether concealed or otherwise, in a vehicle operated or
22 occupied by the person applying for the license , shall not
be
23 granted to a person unless the person is 18 years
of age or
24 older, is a citizen of the United States, and has resided in this
25 state 6 months or more. A THE BOARD SHALL NOT
ISSUE A license
26 shall not be issued unless it appears
DETERMINES that the
27 applicant has good reason to fear injury to his or her person or
04537'97 *
3
1 property, or has other proper reasons, and is a suitable person
2 to be licensed. A THE BOARD SHALL NOT ISSUE A
license shall
3 not be issued under this section unless all of the
following
4 circumstances exist:
5 (a) The person is not the subject of an order or disposition
6 entered into the law enforcement information network
pursuant
7 to UNDER any of the following:
8 (i) Section 464a(1) 464A of the
mental health code, Act
9 No. 258 of the Public Acts of 1974, being section 330.1464a
of
10 the Michigan Compiled Laws 1974 PA 258, MCL
330.1464A.
11 (ii) Section 444a(1) 444A of the
revised probate code,
12 Act No. 642 of the Public Acts of 1978, being section
700.444a
13 of the Michigan Compiled Laws 1978 PA 642, MCL
700.444A.
14 (iii) Section 2950(9) 2950 OR 2950A
of the revised judica-
15 ture act of 1961, Act No. 236 of the Public Acts of 1961,
being
16 section 600.2950 of the Michigan Compiled Laws
1961 PA 236, MCL
17 600.2950 AND 600.2950A.
18 (iv) Section 2950a(7) of Act No. 236 of the
Public Acts of
19 1961, being section 600.2950a of the Michigan Compiled Laws.
20 (v) Section 14(7) of chapter 84 of the Revised
Statutes of
21 1846, being section 552.14 of the Michigan Compiled Laws.
22 (iv) (vi) Section
6b(5) 6B of chapter V of the code of
23 criminal procedure, Act No. 175 of the Public Acts of 1927,
24 being section 765.6b of the Michigan Compiled Laws
1927 PA 175,
25 MCL 765.6B, if the order has a condition imposed pursuant
to
26 UNDER section 6b(3) of chapter V of Act No. 175 of the
Public
27 Acts of 1927 THAT ACT.
04537'97 *
4
1 (v) (vii) Section
16b(1) 16B of chapter IX of Act
2 No. 175 of the Public Acts of 1927, being section 769.16b of
the
3 Michigan Compiled Laws THE CODE OF CRIMINAL
PROCEDURE, 1927 PA
4 175, MCL 769.16B.
5 (b) The person has not been convicted of a felony or con-
6 fined for a felony conviction in this state or elsewhere during
7 the 8-year period immediately preceding the date of the applica-
8 tion , and a felony charge against the person is
not pending
9 at the time WHEN he or she applies for a license
described in
10 this section.
11 (c) The person has not been adjudged insane unless the
12 person has been adjudged restored to sanity by court order.
13 (d) The person is not under an order of involuntary commit-
14 ment in an inpatient or outpatient setting due to mental
15 illness.
16 (e) The person has not been adjudged legally incapacitated
17 in this state or elsewhere. This subdivision does not apply to a
18 person who has had his or her legal capacity restored by court
19 order.
20 (4) (2) If THE CONCEALED WEAPON LICENSING
BOARD SHALL NOT
21 ISSUE A LICENSE TO an applicant WHO resides in a city, village,
22 or township having an organized POLICE department of
police, a
23 license shall not be issued unless the application
is first
24 approved in writing by the supervisor, commissioner or chief of
25 police, or marshal of that city, village, or township. If an
26 application is not approved in the manner prescribed by this
27 subsection, the applicant has 10 days to appeal ,
in writing
04537'97 *
5
1 , to the concealed weapon licensing board in the
county in
2 which the applicant resides. Upon receipt of
RECEIVING a writ-
3 ten appeal, that concealed weapon licensing board shall schedule
4 a hearing to be held at its next scheduled meeting. , which
THE
5 MEETING shall BE HELD not be less than 15 days
after the
6 receipt of the fingerprint comparison report IS
RECEIVED. The
7 concealed weapon licensing board shall determine at the hearing
8 whether the applicant is qualified to carry a concealed weapon
9 pursuant to UNDER this section. Notice of the
hearing shall be
10 mailed to the applicant and the organized POLICE department
of
11 police not less than 10 days before the scheduled
hearing. The
12 applicant shall deposit the sum of $10.00 with
the county clerk
13 at the time WHEN the appeal is made. If
, after appeal, a
14 license is not issued AFTER APPEAL, the deposit shall be credited
15 to the COUNTY'S general fund. of the county. If a
license is
16 issued, the deposit shall be processed as the license fee
17 required under subsection (6) (8).
18 (5) (3) If THE CONCEALED WEAPON LICENSING
BOARD SHALL NOT
19 ISSUE A LICENSE TO an applicant does not reside
WHO RESIDES in
20 a city, village, or township that has DOES NOT
HAVE an orga-
21 nized POLICE department of police, a license shall not be
22 issued unless the application is first submitted
for approval or
23 objection to the supervisor of the township in which the appli-
24 cant resides. The supervisor shall indicate in writing on the
25 application whether he or she objects to the license being
26 issued. If action is not taken by a supervisor within 14 days
27 after the application is submitted to the supervisor, the
04537'97 *
6
1 concealed weapon licensing board shall consider the application
2 as if a statement of no objection had been included. If the
3 supervisor objects to the application in writing, the applicant
4 may appeal the objection to the concealed weapon licensing board
5 of the county in which the applicant resides within 10 days after
6 the objection. Upon receipt of RECEIVING a
written appeal,
7 that concealed weapon licensing board shall schedule a hearing to
8 be held at its next scheduled meeting. , which
THE HEARING
9 shall BE HELD not be less than 15 days after
the receipt of
10 the fingerprint comparison report IS RECEIVED. The concealed
11 weapon licensing board shall determine at the hearing whether the
12 applicant is qualified to carry a concealed weapon pursuant
to
13 UNDER this section. Notice of the hearing shall be mailed to the
14 applicant and the supervisor of the township not less than 10
15 days before the scheduled hearing. The applicant shall deposit
16 the sum of $10.00 with the county clerk
at the time WHEN the
17 appeal is made. If , after appeal, a license is
not issued
18 AFTER APPEAL, the deposit shall be credited to the COUNTY'S gen-
19 eral fund. of the county. If a license is issued,
the deposit
20 shall be processed as the license fee required under subsection
21 (6) (8).
22 (6) (4) An applicant shall have 2 sets of
fingerprints
23 taken by the sheriff , or the sheriff's authorized
24 representative, of the county in which the
applicant resides ,
25 OR THE SHERIFF'S AUTHORIZED REPRESENTATIVE if the applicant
does
26 not reside RESIDES in a city, village, or township
having THAT
27 DOES NOT HAVE an organized POLICE department of police,
or by
04537'97 *
7
1 the commissioner or chief of police , or marshal,
or an
2 authorized representative of the commissioner or chief of police
3 or marshal, if the applicant resides within IN a
city, village,
4 or township having an organized POLICE department. of
police.
5 The first set of fingerprints shall be taken on forms furnished
6 by the department of state police , and the
second set on forms
7 furnished by the federal bureau of investigation. The person
8 taking the prints shall forward the first set of fingerprints to
9 the department of state police and the second set to the federal
10 bureau of investigation or other agency designated by the federal
11 bureau of investigation. The director of the bureau of identifi-
12 cation of the department of state police shall compare the fin-
13 gerprints with those already on file in the bureau. A CONCEALED
14 WEAPON LICENSING BOARD SHALL NOT ISSUE A license shall not
be
15 issued unless the report is received by
the clerk of the board
16 RECEIVES REPORTS from the department of state police and the fed-
17 eral bureau of investigation that the comparisons do not show
18 that the applicant was convicted of or confined
for a felony
19 during the 8-year period. The CONCEALED WEAPON LICENSING board
20 may grant a temporary permit in case of emergency pending the
21 results of the comparisons. The temporary permit shall be issued
22 for a period of not more than 30 days and shall expire automati-
23 cally at the end of the period for which it was issued. Upon
24 receipt of RECEIVING the comparison report from
the federal
25 bureau of investigation, the bureau of identification of the
26 department of state police shall forward a report of both
27 comparisons to the officer taking the prints and also to the
04537'97 *
8
1 county clerk of the county in which the applicant resides.
,
2 who THE COUNTY CLERK as clerk of the board shall
keep a record
3 of the report and shall report to the CONCEALED WEAPON LICENSING
4 board. The fingerprints received under this section shall be
5 filed in the bureau of identification of the department of state
6 police in the noncriminal section of the files.
7 (7) (5) The application for a license shall
state each
8 reason for the necessity or desirability of carrying a pistol
9 concealed on the person or carrying a pistol, whether or not con-
10 cealed, in a vehicle occupied by the person applying for the
11 license. A license issued under this section shall limit the
12 carrying of a pistol to the reason or reasons satisfactory to the
13 board , and each restriction shall
appear BE PLACED conspicu-
14 ously on the face of the license. The license shall be an autho-
15 rization to carry a pistol in compliance with this section only
16 to the extent contained in the face of the license and the
17 license shall be revoked by the CONCEALED WEAPON LICENSING board
18 if the pistol is carried contrary to the authorization.
19 (8) (6) The prosecuting attorney
shall be IS the chair-
20 person of the CONCEALED WEAPON LICENSING board. , which
THE
21 CONCEALED WEAPON LICENSING BOARD shall convene at least once in
22 each calendar month and at other times as the board is called to
23 convene by the chairperson. Each license shall be issued only
24 upon written application signed by the applicant under oath and
25 upon a form provided by the director of the department of state
26 police. Each license shall be issued only with the approval of a
27 majority of the BOARD members of the board and
shall be
04537'97 *
9
1 executed in triplicate upon forms provided by the director of the
2 department of state police. Each license shall be signed in the
3 name of the concealed weapon licensing board by the county clerk
4 with the seal of the circuit court affixed to the license. The
5 county clerk shall first collect a licensing fee of $10.00 from
6 the applicant for each license delivered to the applicant. One
7 copy of the license shall be delivered to the applicant, the
8 duplicate shall be retained by the county clerk as a permanent
9 official record for a period of 6 years, and the
triplicate of
10 the license shall be forwarded within 48 hours to the director of
11 the department of state police, who shall file and index each
12 license received and retain it as a permanent AN
official
13 record for a period of 6 years. A license is
valid for a defi-
14 nite period of not more than 3 years , and that
period shall be
15 stated in the license. A renewal of the license shall not be
16 granted except upon the filing of a new application. A license
17 shall bear the imprint of the right thumb of the licensee ,
or,
18 if a right thumb imprint is impossible to obtain, the license
19 shall bear the imprint of the left thumb or some other finger of
20 the licensee. The licensee shall carry the license upon his or
21 her person when carrying a pistol concealed upon his or her
22 person , or when carrying the pistol, whether or
not concealed,
23 in a vehicle occupied by the licensee. The licensee shall dis-
24 play the license upon the request of a peace officer. On the
25 first day of each month, the county clerk shall remit to the
26 state treasurer $2.00 for each license issued during the
27 preceding month. On the first day of each month the county clerk
04537'97 *
10
1 shall pay into the COUNTY'S general fund of the county
the
2 remainder of each license fee for each license issued during the
3 preceding month.
4 (9) (7) The county clerk may issue a copy of
a license
5 issued pursuant to UNDER this section for a fee
of $3.00, which
6 fee shall be paid into the COUNTY'S general fund.
of the
7 county.
8 (10) (8) A charter county may impose by
ordinance a dif-
9 ferent amount for the concealed weapon licensing fee prescribed
10 by subsection (6) (8). A charter county shall
not impose a fee
11 which THAT is greater than the cost of the
service for which
12 the fee is charged.
04537'97 * Final page. JOJ