SENATE BILL NO. 969
March 3, 1998, Introduced by Senators BULLARD and JAYE and
referred to the Committee on Hunting, Fishing and
Forestry.
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 constitute CONCEALED
WEAPON
4 LICENSING boards exclusively authorized to issue a license to an
5 applicant residing within their respective counties ,
to carry
6 a pistol concealed on the person and to carry a pistol, whether
7 concealed or otherwise, in a vehicle operated or occupied by the
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1 applicant. The county clerk of each county shall be clerk of the
2 COUNTY'S CONCEALED WEAPON licensing board. , which board
shall
3 be known as the concealed weapon licensing board.
4 (2) A CONCEALED WEAPON LICENSING BOARD SHALL NOT GRANT A
5 license to carry a pistol concealed on the person or to carry a
6 pistol, whether concealed or otherwise, in a vehicle operated or
7 occupied by the person applying for the license , shall not
be
8 granted to a person unless the person is 18 years
of age or
9 older, is a citizen of the United States, and has resided in this
10 state 6 months or more. A THE BOARD SHALL NOT
ISSUE A license
11 shall not be issued unless it appears
DETERMINES that the
12 applicant has good reason to fear injury to his or her person or
13 property, or has other proper reasons, and is a suitable person
14 to be licensed. A THE BOARD SHALL NOT ISSUE A
license shall
15 not be issued under this section unless all of the
following
16 circumstances exist:
17 (a) The person is not the subject of an order or disposition
18 entered into the law enforcement information network
pursuant
19 to UNDER any of the following:
20 (i) Section 464a(1) 464A of the
mental health code, Act
21 No. 258 of the Public Acts of 1974, being section 330.1464a
of
22 the Michigan Compiled Laws 1974 PA 258, MCL
330.1464A.
23 (ii) Section 444a(1) 444A of the
revised probate code,
24 Act No. 642 of the Public Acts of 1978, being section
700.444a
25 of the Michigan Compiled Laws 1978 PA 642, MCL
700.444A.
26 (iii) Section 2950(9) 2950 OR 2950A
of the revised
27 judicature act of 1961, Act No. 236 of the Public Acts of
1961,
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1 being section 600.2950 of the Michigan Compiled Laws
1961 PA
2 236, MCL 600.2950 AND 600.2950A.
3 (iv) Section 2950a(7) of Act No. 236 of the
Public Acts of
4 1961, being section 600.2950a of the Michigan Compiled Laws.
5 (v) Section 14(7) of chapter 84 of the Revised
Statutes of
6 1846, being section 552.14 of the Michigan Compiled Laws.
7 (iv) (vi) Section
6b(5) 6B of chapter V of the code of
8 criminal procedure, Act No. 175 of the Public Acts of 1927,
9 being section 765.6b of the Michigan Compiled Laws
1927 PA 175,
10 MCL 765.6B, if the order has a condition imposed pursuant
to
11 UNDER section 6b(3) of chapter V of Act No. 175 of the
Public
12 Acts of 1927 THAT ACT.
13 (v) (vii) Section
16b(1) 16B of chapter IX of Act
14 No. 175 of the Public Acts of 1927, being section 769.16b of
the
15 Michigan Compiled Laws THE CODE OF CRIMINAL
PROCEDURE, 1927 PA
16 175, MCL 769.16B.
17 (b) The person has not been convicted of a felony or con-
18 fined for a felony conviction in this state or elsewhere during
19 the 8-year period immediately preceding the date of the applica-
20 tion , and a felony charge against the person is
not pending
21 at the time WHEN he or she applies for a license
described in
22 this section.
23 (c) The person has not been adjudged insane unless the
24 person has been adjudged restored to sanity by court order.
25 (d) The person is not under an order of involuntary commit-
26 ment in an inpatient or outpatient setting due to mental
27 illness.
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1 (e) The person has not been adjudged legally incapacitated
2 in this state or elsewhere. This subdivision does not apply to a
3 person who has had his or her legal capacity restored by court
4 order.
5 (3) (2) If THE CONCEALED WEAPON LICENSING
BOARD SHALL NOT
6 ISSUE A LICENSE TO an applicant WHO resides in a city, village,
7 or township having an organized POLICE department of
police, a
8 license shall not be issued unless the application
is first
9 approved in writing by the supervisor, commissioner or chief of
10 police, or marshal of that city, village, or township. If an
11 application is not approved in the manner prescribed by this sub-
12 section, the applicant has 10 days to appeal , in
writing ,
13 to the concealed weapon licensing board in the county in which
14 the applicant resides. Upon receipt of RECEIVING
a written
15 appeal, that concealed weapon licensing board shall schedule a
16 hearing to be held at its next scheduled meeting. , which
THE
17 MEETING shall BE HELD not be less than 15 days
after the
18 receipt of the fingerprint comparison report IS
RECEIVED. The
19 concealed weapon licensing board shall determine at the hearing
20 whether the applicant is qualified to carry a concealed weapon
21 pursuant to UNDER this section. Notice of the
hearing shall be
22 mailed to the applicant and the organized POLICE department
of
23 police not less than 10 days before the scheduled
hearing. The
24 applicant shall deposit the sum of $10.00 with
the county clerk
25 at the time WHEN the appeal is made. If
, after appeal, a
26 license is not issued AFTER APPEAL, the deposit shall be credited
27 to the COUNTY'S general fund. of the county. If a
license is
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1 issued, the deposit shall be processed as the license fee
2 required under subsection (6).
3 (3) If an applicant does not reside in a city,
village, or
4 township that has an organized department of police, a
license
5 shall not be issued unless the application is first
submitted for
6 approval or objection to the supervisor of the township in
which
7 the applicant resides. The supervisor shall indicate in
writing
8 on the application whether he or she objects to the license
being
9 issued. If action is not taken by a supervisor within 14
days
10 after the application is submitted to the supervisor, the
con-
11 cealed weapon licensing board shall consider the application
as
12 if a statement of no objection had been included. If the
super-
13 visor objects to the application in writing, the applicant
may
14 appeal the objection to the concealed weapon licensing board
of
15 the county in which the applicant resides within 10 days
after
16 the objection. Upon receipt of a written appeal, that
concealed
17 weapon licensing board shall schedule a hearing to be held
at its
18 next scheduled meeting, which shall not be less than 15 days
19 after the receipt of the fingerprint comparison report. The
con-
20 cealed weapon licensing board shall determine at the hearing
21 whether the applicant is qualified to carry a concealed
weapon
22 pursuant to this section. Notice of the hearing shall be
mailed
23 to the applicant and the supervisor of the township not less
than
24 10 days before the scheduled hearing. The applicant shall
25 deposit the sum of $10.00 with the county clerk at the time
the
26 appeal is made. If, after appeal, a license is not issued,
the
27 deposit shall be credited to the general fund of the county.
If
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1 a license is issued, the deposit shall be processed as the
2 license fee required under subsection (6).
3 (4) An applicant shall have 2 sets of fingerprints taken by
4 the sheriff , or the sheriff's authorized representative,
of
5 the county in which the applicant resides , OR
THE SHERIFF'S
6 AUTHORIZED REPRESENTATIVE if the applicant does not reside
7 RESIDES in a city, village, or township having
THAT DOES NOT
8 HAVE an organized POLICE department of police, or
by the com-
9 missioner or chief of police , or marshal, or an
authorized
10 representative of the commissioner or chief of police or marshal,
11 if the applicant resides within IN a city,
village, or township
12 having an organized POLICE department. of police.
The first set
13 of fingerprints shall be taken on forms furnished by the depart-
14 ment of state police , and the second set on
forms furnished by
15 the federal bureau of investigation. The person taking the
16 prints shall forward the first set of fingerprints to the depart-
17 ment of state police and the second set to the federal bureau of
18 investigation or other agency designated by the federal bureau of
19 investigation. The director of the bureau of identification of
20 the department of state police shall compare the fingerprints
21 with those already on file in the bureau. A CONCEALED WEAPON
22 LICENSING BOARD SHALL NOT ISSUE A license shall not be
issued
23 unless the report is received by the clerk of the
board
24 RECEIVES REPORTS from the department of state police and the fed-
25 eral bureau of investigation that the comparisons do not show
26 that the applicant was convicted of or confined
for a felony
27 during the 8-year period. The CONCEALED WEAPON LICENSING board
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1 may grant a temporary permit in case of emergency pending the
2 results of the comparisons. The temporary permit shall be issued
3 for a period of not more than 30 days and shall expire automati-
4 cally at the end of the period for which it was issued. Upon
5 receipt of RECEIVING the comparison report from
the federal
6 bureau of investigation, the bureau of identification of the
7 department of state police shall forward a report of both compar-
8 isons to the officer taking the prints and also to the county
9 clerk of the county in which the applicant resides. , who
THE
10 COUNTY CLERK as clerk of the board shall keep a record of the
11 report and shall report to the CONCEALED WEAPON LICENSING board.
12 The fingerprints received under this section shall be filed in
13 the bureau of identification of the department of state police in
14 the noncriminal section of the files.
15 (5) The application for a license shall state each reason
16 for the necessity or desirability of carrying a pistol concealed
17 on the person or carrying a pistol, whether or not concealed, in
18 a vehicle occupied by the person applying for the license. A
19 license issued under this section shall limit the carrying of a
20 pistol to the reason or reasons satisfactory to the board ,
and
21 each restriction shall appear BE PLACED
conspicuously on the
22 face of the license. The license shall be an authorization to
23 carry a pistol in compliance with this section only to the extent
24 contained in the face of the license and the license shall be
25 revoked by the CONCEALED WEAPON LICENSING board if the pistol is
26 carried contrary to the authorization.
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1 (6) The prosecuting attorney shall be IS the
chairperson
2 of the CONCEALED WEAPON LICENSING board. , which
THE CONCEALED
3 WEAPON LICENSING BOARD shall convene at least once in each calen-
4 dar month and at other times as the board is called to convene by
5 the chairperson. Each license shall be issued only upon written
6 application signed by the applicant under oath and upon a form
7 provided by the director of the department of state police. Each
8 license shall be issued only with the approval of a majority of
9 the BOARD members of the board and shall be
executed in tripli-
10 cate upon forms provided by the director of the department of
11 state police. Each license shall be signed in the name of the
12 concealed weapon licensing board by the county clerk with the
13 seal of the circuit court affixed to the license. The county
14 clerk shall first collect a licensing fee of $10.00 from the
15 applicant for each license delivered to the applicant. One copy
16 of the license shall be delivered to the applicant, the duplicate
17 shall be retained by the county clerk as a permanent official
18 record for a period of 6 years, and the
triplicate of the
19 license shall be forwarded within 48 hours to the director of the
20 department of state police, who shall file and index each license
21 received and retain it as a permanent AN official
record for a
22 period of 6 years. A license is valid for a
definite period of
23 not more than 3 years , and that period shall be
stated in the
24 license. A renewal of the license shall not be granted except
25 upon the filing of a new application. A license shall bear the
26 imprint of the right thumb of the licensee , or,
if a right
27 thumb imprint is impossible to obtain, the license shall bear the
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1 imprint of the left thumb or some other finger of the licensee.
2 The licensee shall carry the license upon his or her person when
3 carrying a pistol concealed upon his or her person ,
or when
4 carrying the pistol, whether or not concealed, in a vehicle occu-
5 pied by the licensee. The licensee shall display the license
6 upon the request of a peace officer. On the first day of each
7 month, the county clerk shall remit to the state treasurer $2.00
8 for each license issued during the preceding month. On the first
9 day of each month the county clerk shall pay into the COUNTY'S
10 general fund of the county the remainder of each
license fee
11 for each license issued during the preceding month.
12 (7) The county clerk may issue a copy of a license issued
13 pursuant to UNDER this section for a fee of
$3.00, which fee
14 shall be paid into the COUNTY'S general fund. of the
county.
15 (8) A charter county may impose by ordinance a different
16 amount for the concealed weapon licensing fee prescribed by sub-
17 section (6). A charter county shall not impose a fee which
18 THAT is greater than the cost of the service for which the fee is
19 charged.
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