SENATE BILL NO. 460 March 23, 1999, Introduced by Senators JAYE and DINGELL 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 the title and sections 1, 6a, 8, 9d, 10, 12, 12a, 12c, and 14 (MCL 28.421, 28.426a, 28.428, 28.429d, 28.430, 28.432, 28.432a, 28.432c, and 28.434), the title as amended and sections 9d and 10 as added by 1990 PA 320, section 1 as amended by 1992 PA 219, section 6a as amended by 1991 PA 34, and section 12c as added by 1992 PA 220, and by adding sections 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, and 5m; and to repeal acts and parts of acts. 00074'99 * JJG 2 THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 TITLE 2 An act to regulate and license the selling, purchasing, pos- 3 sessing, and carrying of certain firearms and gas ejecting 4 devices; to prohibit the buying, selling, or carrying of certain 5 firearms and gas ejecting devices without a license OR OTHER 6 AUTHORIZATION; to provide for the forfeiture of firearms 7possessed in violation of this actUNDER CERTAIN CIRCUMSTANCES; 8 to provide immunity from civil liability under certain circum- 9 stances; to prescribe the powers and duties of certain state and 10 local agencies; TO PROHIBIT CERTAIN CONDUCT AGAINST INDIVIDUALS 11 WHO APPLY FOR OR RECEIVE CONCEALED WEAPON PERMITS; TO PROHIBIT 12 CERTAIN CONDUCT AGAINST INDIVIDUALS WHO ACT AS REFERENCES FOR 13 INDIVIDUALS WHO APPLY FOR CONCEALED WEAPON PERMITS; TO PRESCRIBE 14 PENALTIES; TO PROVIDE REMEDIES; and to repealallacts and 15 parts of acts.inconsistent with the provisions of this act.16 Sec. 1. As used in this act: 17 (A) "DEPARTMENT" MEANS THE MICHIGAN DEPARTMENT OF STATE. 18 (B)(a)"Firearm" means a weapon from which a dangerous 19 projectile may be propelled by an explosive, or by gas or air. 20 Firearm does not include a smooth bore rifle or handgun designed 21 and manufactured exclusively for propelling by a spring, or by 22 gas or air, BB's not exceeding .177 caliber. 23 (C)(b)"Pistol" means a loaded or unloaded firearm that 24 is 30 inches or less in length, or a loaded or unloaded firearm 25 that by its construction and appearance conceals it as a 26 firearm. 00074'99 * 3 1 (D)(c)"Purchaser" means a person who receives a pistol 2 from another person by purchase, gift, or loan. 3 (E)(d)"Seller" means a person who sells, furnishes, 4 loans, or gives a pistol to another person. 5 SEC. 5B. (1) AN INDIVIDUAL MAY APPLY TO THE DEPARTMENT FOR 6 A LICENSE TO CARRY A CONCEALED PISTOL. THE APPLICATION SHALL BE 7 FILED WITH THE DEPARTMENT DURING NORMAL BUSINESS HOURS. THE 8 APPLICATION SHALL BE ON A FORM PROVIDED BY THE DEPARTMENT. THE 9 DEPARTMENT SHALL TAKE A PHOTOGRAPH OF THE APPLICANT AT THE TIME 10 THE APPLICATION IS FILED. THE APPLICATION SHALL BE SIGNED UNDER 11 OATH BY THE APPLICANT. THE OATH SHALL BE ADMINISTERED BY AN 12 AUTHORIZED EMPLOYEE OF THE DEPARTMENT. THE APPLICATION SHALL 13 CONTAIN ALL OF THE FOLLOWING INFORMATION: 14 (A) THE APPLICANT'S NAME AND ADDRESS. 15 (B) A STATEMENT BY THE APPLICANT THAT THE APPLICANT IS 16 FAMILIAR WITH THE PROVISIONS OF THIS ACT AS THEY RELATE TO CARRY- 17 ING A CONCEALED PISTOL. 18 (C) A STATEMENT BY THE APPLICANT THAT THE APPLICANT MEETS 19 THE CRITERIA FOR A LICENSE UNDER THIS ACT TO CARRY A CONCEALED 20 PISTOL. 21 (D) A STATEMENT BY THE APPLICANT REGARDING WHETHER HE OR SHE 22 HAS EVER BEEN CONVICTED IN THIS STATE OR ELSEWHERE FOR ANY CRIME 23 INVOLVING DOMESTIC VIOLENCE. 24 (2) THE APPLICATION FORM SHALL CONTAIN A CONSPICUOUS WARNING 25 THAT THE APPLICATION IS EXECUTED UNDER OATH AND THAT INTENTION- 26 ALLY MAKING A MATERIAL FALSE STATEMENT ON THE APPLICATION IS A 00074'99 * 4 1 FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 4 YEARS OR A 2 FINE OF NOT MORE THAN $2,000.00, OR BOTH. 3 (3) AN INDIVIDUAL WHO INTENTIONALLY MAKES A MATERIAL FALSE 4 STATEMENT ON AN APPLICATION FOR A LICENSE TO CARRY A CONCEALED 5 PISTOL IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT 6 MORE THAN 4 YEARS OR A FINE OF NOT MORE THAN $2,000.00, OR BOTH. 7 (4) THE DEPARTMENT SHALL RETAIN A COPY OF EACH APPLICATION 8 FOR A LICENSE TO CARRY A CONCEALED PISTOL AS AN OFFICIAL RECORD. 9 (5) EACH APPLICANT SHALL PAY A $50.00 FEE AT THE TIME OF 10 FILING AN APPLICATION UNDER THIS SECTION. THE FEE SHALL BE PAY- 11 ABLE TO THE STATE OF MICHIGAN. 12 (6) EXCEPT AS OTHERWISE PROVIDED IN THIS ACT, UPON PROPER 13 APPLICATION THE DEPARTMENT SHALL PROMPTLY ISSUE A LICENSE TO AN 14 APPLICANT TO CARRY A CONCEALED PISTOL IF THE DEPARTMENT DETER- 15 MINES THAT ALL OF THE FOLLOWING CIRCUMSTANCES EXIST: 16 (A) THE APPLICANT IS 21 YEARS OF AGE OR OLDER. 17 (B) THE APPLICANT IS NOT THE SUBJECT OF AN ORDER OR DISPOSI- 18 TION UNDER ANY OF THE FOLLOWING: 19 (i) SECTION 464A OF THE MENTAL HEALTH CODE, 1974 PA 258, MCL 20 330.1464A. 21 (ii) SECTION 444A OF THE REVISED PROBATE CODE, 1978 PA 642, 22 MCL 700.444A. 23 (iii) SECTION 2950 OF THE REVISED JUDICATURE ACT OF 1961, 24 1961 PA 236, MCL 600.2950. 25 (iv) SECTION 2950A OF THE REVISED JUDICATURE ACT OF 1961, 26 1961 PA 236, MCL 600.2950A. 00074'99 * 5 1 (v) SECTION 6B OF CHAPTER V OF THE CODE OF CRIMINAL 2 PROCEDURE, 1927 PA 175, MCL 765.6B, IF THE ORDER HAS A CONDITION 3 IMPOSED PURSUANT TO SECTION 6B(3) OF CHAPTER V OF THE CODE OF 4 CRIMINAL PROCEDURE, 1927 PA 175, MCL 765.6B. 5 (vi) SECTION 16B OF CHAPTER IX OF THE CODE OF CRIMINAL PRO- 6 CEDURE, 1927 PA 175, MCL 769.16B. 7 (C) THE APPLICANT IS NOT PROHIBITED FROM POSSESSING, USING, 8 TRANSPORTING, SELLING, PURCHASING, CARRYING, SHIPPING, RECEIVING, 9 OR DISTRIBUTING A FIREARM UNDER SECTION 224F OF THE MICHIGAN 10 PENAL CODE, 1931 PA 328, MCL 750.224F. 11 (D) THE APPLICANT HAS NEVER BEEN CONVICTED OF A FELONY AND A 12 FELONY CHARGE AGAINST THE APPLICANT IS NOT PENDING AT THE TIME HE 13 OR SHE APPLIES FOR A LICENSE. 14 (E) THE APPLICANT HAS NOT BEEN ACQUITTED OF ANY CRIME ON 15 GROUNDS OF INSANITY. 16 (F) THE APPLICANT IS NOT UNDER AN ORDER OF INVOLUNTARY COM- 17 MITMENT IN AN INPATIENT OR OUTPATIENT SETTING DUE TO MENTAL 18 ILLNESS. 19 (G) THE APPLICANT IS NOT UNDER A COURT ORDER OF LEGAL INCA- 20 PACITY IN THIS STATE OR ELSEWHERE. 21 (H) THE APPLICANT DEMONSTRATES KNOWLEDGE OR TRAINING IN THE 22 SAFE USE AND HANDLING OF A PISTOL BY 1 OF THE FOLLOWING: 23 (i) SUCCESSFUL COMPLETION OF A PISTOL SAFETY TRAINING COURSE 24 OR CLASS PRESENTED BY THE NATIONAL RIFLE ASSOCIATION. 25 (ii) SUCCESSFUL COMPLETION OF A PISTOL SAFETY TRAINING 26 COURSE OR CLASS AVAILABLE TO THE GENERAL PUBLIC AND PRESENTED BY 27 A LAW ENFORCEMENT AGENCY, JUNIOR OR COMMUNITY COLLEGE, COLLEGE, 00074'99 * 6 1 OR PUBLIC OR PRIVATE INSTITUTION OR ORGANIZATION OR FIREARMS 2 TRAINING SCHOOL, AND USING INSTRUCTORS CERTIFIED BY THE NATIONAL 3 RIFLE ASSOCIATION OR BY THIS STATE. 4 (iii) SUCCESSFUL COMPLETION OF A LAW ENFORCEMENT PISTOL 5 SAFETY TRAINING COURSE OR CLASS OFFERED FOR SECURITY GUARDS, 6 INVESTIGATORS, SPECIAL DEPUTIES, OR LAW ENFORCEMENT OFFICERS. 7 (iv) SUCCESSFUL COMPLETION OF A MILITARY PISTOL TRAINING 8 COURSE CONDUCTED BY A BRANCH OF THE UNITED STATES ARMED FORCES. 9 (7) BEFORE SUBMITTING AN APPLICATION UNDER THIS SECTION, THE 10 INDIVIDUAL SHALL HAVE 2 SETS OF FINGERPRINTS TAKEN BY 1 OF THE 11 FOLLOWING: 12 (A) IF THE INDIVIDUAL LIVES IN A LOCAL UNIT OF GOVERNMENT 13 THAT HAS A POLICE DEPARTMENT, BY THAT POLICE DEPARTMENT. 14 (B) IF THE INDIVIDUAL LIVES IN A LOCAL UNIT OF GOVERNMENT 15 THAT DOES NOT HAVE A POLICE DEPARTMENT, BY THE COUNTY SHERIFF. 16 (8) WITHIN 5 DAYS AFTER THE INDIVIDUAL REQUESTS HIS OR HER 17 FINGERPRINTS TO BE TAKEN UNDER SUBSECTION (7), A POLICE DEPART- 18 MENT OR SHERIFF SHALL TAKE THE FINGERPRINTS OF THAT INDIVIDUAL 19 AND FORWARD THEM AS PROVIDED IN SUBSECTION (9). A FEE MAY BE 20 CHARGED AS PROVIDED IN SECTION 3 OF 1935 PA 120, MCL 28.273. 21 (9) ONE SET OF FINGERPRINTS TAKEN UNDER SUBSECTION (7) SHALL 22 BE TAKEN ON A FORM FURNISHED BY OR IN A MANNER PRESCRIBED BY THE 23 DEPARTMENT OF STATE POLICE AND PROVIDED TO THE APPLICANT UNDER 24 SECTION 5C. THAT SET OF FINGERPRINTS SHALL BE FORWARDED BY THE 25 ENTITY TAKING THE FINGERPRINTS TO THE DEPARTMENT OF STATE 26 POLICE. THE DEPARTMENT OF STATE POLICE SHALL COMPARE THAT SET OF 27 FINGERPRINTS WITH FINGERPRINTS ALREADY ON FILE WITH THE 00074'99 * 7 1 DEPARTMENT OF STATE POLICE. THE OTHER SET OF FINGERPRINTS TAKEN 2 UNDER SUBSECTION (7) SHALL BE TAKEN ON A FORM FURNISHED BY OR IN 3 A MANNER PRESCRIBED BY THE FEDERAL BUREAU OF INVESTIGATION AND 4 PROVIDED TO THE APPLICANT UNDER SECTION 5C. THAT SET OF FINGER- 5 PRINTS SHALL BE FORWARDED BY THE ENTITY TAKING THE FINGERPRINTS 6 TO THE FEDERAL BUREAU OF INVESTIGATION IN A MANNER PRESCRIBED BY 7 THE FEDERAL BUREAU OF INVESTIGATION. THE REQUEST SHALL STATE 8 THAT THE DEPARTMENT OF STATE POLICE IS TO BE PROVIDED WITH THE 9 REPORT OF THE COMPARISON. UPON RECEIPT OF THE REPORT, THE 10 DEPARTMENT OF STATE POLICE SHALL PROVIDE A COPY OF BOTH COMPARI- 11 SONS TO THE DEPARTMENT. THE DEPARTMENT OF STATE POLICE SHALL 12 DESTROY THE FINGERPRINTS WHEN THE DEPARTMENT OF STATE POLICE PRO- 13 VIDES THE COMPARISON REPORT TO THE DEPARTMENT. IF THE FEDERAL 14 BUREAU OF INVESTIGATION DOES NOT RETURN THE FINGERPRINTS TO THE 15 DEPARTMENT OF STATE POLICE WITHIN THE 30-DAY PERIOD, THE DEPART- 16 MENT OF STATE POLICE SHALL SEARCH ANY AVAILABLE RECORD THROUGH 17 THE LAW ENFORCEMENT INFORMATION NETWORK AND INFORM THE DEPARTMENT 18 OF THE RESULTS. IF THE DEPARTMENT DOES NOT RECEIVE A FINGERPRINT 19 REPORT UNDER THIS SUBSECTION WITHIN 30 DAYS AFTER THE FINGER- 20 PRINTS ARE SUBMITTED FOR THAT REPORT AND IF THE APPLICANT IS OTH- 21 ERWISE QUALIFIED, THE DEPARTMENT SHALL ISSUE THE LICENSE AFTER 22 RECEIVING THE REPORT FROM THE DEPARTMENT OF STATE POLICE OF THE 23 SEARCH OF RECORDS THROUGH THE LAW ENFORCEMENT INFORMATION 24 NETWORK. 25 (10) THE DEPARTMENT MAY INVESTIGATE AN APPLICANT UNDER THIS 26 ACT FOR A LICENSE TO CARRY A CONCEALED PISTOL. THE INVESTIGATION 27 SHALL BE RESTRICTED TO DETERMINING ONLY WHETHER THE RESIDENT IS 00074'99 * 8 1 ELIGIBLE UNDER THIS ACT TO RECEIVE A LICENSE TO CARRY A CONCEALED 2 PISTOL. 3 (11) A LICENSE TO CARRY A CONCEALED PISTOL THAT IS ISSUED 4 BASED UPON AN APPLICATION THAT CONTAINS A MATERIAL FALSE STATE- 5 MENT IS VOID FROM THE DATE THE LICENSE IS ISSUED. 6 (12) THE DEPARTMENT SHALL ISSUE OR DENY ISSUANCE OF A 7 LICENSE WITHIN 15 DAYS AFTER THE DEPARTMENT RECEIVES THE FINGER- 8 PRINT COMPARISON REPORT PROVIDED UNDER SUBSECTION (9) OR WITHIN 9 45 DAYS AFTER THE APPLICATION FOR A LICENSE IS SUBMITTED TO THE 10 DEPARTMENT, WHICHEVER OCCURS FIRST. IF THE DEPARTMENT DENIES 11 ISSUANCE OF A LICENSE TO CARRY A CONCEALED PISTOL, THE DEPARTMENT 12 SHALL IMMEDIATELY DO BOTH OF THE FOLLOWING: 13 (A) NOTIFY THE APPLICANT IN WRITING OF THE DENIAL. 14 INFORMATION UNDER THIS SUBDIVISION SHALL INCLUDE A STATEMENT OF 15 FACTS SUPPORTING THE DENIAL AND A COPY OF ANY RECORD UPON WHICH 16 THE DENIAL WAS BASED. 17 (B) INFORM THE APPLICANT IN WRITING OF HIS OR HER RIGHT TO 18 PETITION THE DISTRICT COURT UNDER SECTION 5E FOR REVIEW OF THE 19 DENIAL. 20 (13) AS USED IN THIS SECTION: 21 (A) "CONFINED" INCLUDES, BUT IS NOT LIMITED TO, DETENTION IN 22 A JUVENILE FACILITY. 23 (B) "CONVICTED OF" MEANS A FINAL CONVICTION, THE PAYMENT OF 24 A FINE, A PLEA OF GUILTY OR NOLO CONTENDERE IF ACCEPTED BY THE 25 COURT, OR A FINDING OF GUILT FOR A CRIMINAL LAW VIOLATION. 00074'99 * 9 1 (C) "FELONY" MEANS THAT TERM AS DEFINED IN SECTION 1 OF 2 CHAPTER I OF THE CODE OF CRIMINAL PROCEDURE, 1927 PA 175, MCL 3 761.1. 4 SEC. 5C. (1) A POLICE DEPARTMENT OF A LOCAL UNIT OF GOVERN- 5 MENT OF THIS STATE, COUNTY SHERIFFS, COUNTY CLERKS, AND THE 6 DEPARTMENT SHALL PROVIDE CONCEALED WEAPON APPLICATION KITS DURING 7 NORMAL BUSINESS HOURS TO INDIVIDUALS WHO WISH TO APPLY FOR 8 LICENSES TO CARRY CONCEALED PISTOLS. EACH KIT SHALL CONTAIN ALL 9 OF THE FOLLOWING: 10 (A) A CONCEALED PISTOL LICENSE APPLICATION FORM PROVIDED BY 11 THE DEPARTMENT. 12 (B) THE FINGERPRINT CARDS PRESCRIBED BY THIS ACT. 13 (C) WRITTEN INFORMATION REGARDING THE PROCEDURES INVOLVED IN 14 OBTAINING A LICENSE TO CARRY A CONCEALED PISTOL, INCLUDING INFOR- 15 MATION REGARDING THE RIGHT TO APPEAL THE DENIAL OF A LICENSE AND 16 THE FORM REQUIRED FOR THAT APPEAL. 17 (D) WRITTEN INFORMATION IDENTIFYING ENTITIES THAT OFFER THE 18 TRAINING REQUIRED UNDER THIS ACT. 19 (2) A POLICE DEPARTMENT OR COUNTY SHERIFF SHALL NOT DENY AN 20 INDIVIDUAL AT LEAST 1 CONCEALED PISTOL APPLICATION KIT UNDER THIS 21 SECTION. 22 SEC. 5D. (1) A LICENSE TO CARRY A CONCEALED PISTOL SHALL BE 23 IN A FORM PRESCRIBED BY THE DEPARTMENT. THE LICENSE SHALL CON- 24 TAIN ALL OF THE FOLLOWING: 25 (A) THE LICENSEE'S FULL NAME AND STREET ADDRESS. 26 (B) A REGISTRATION NUMBER UNIQUE TO THAT LICENSE. 00074'99 * 10 1 (C) A PHYSICAL DESCRIPTION OF THE LICENSEE. 2 (D) A PHOTOGRAPH OF THE LICENSEE. 3 (E) A STATEMENT OF THE EFFECTIVE DATES OF THE LICENSE. 4 (F) A STATEMENT THAT THE LICENSE AUTHORIZES THE LICENSEE TO 5 CARRY A CONCEALED PISTOL BUT DOES NOT AUTHORIZE THE LICENSEE TO 6 DISCHARGE OR OTHERWISE USE THE PISTOL IN VIOLATION OF ANY LAW, 7 AND THAT IMPROPER DISCHARGE OR USE OF THE PISTOL MAY RESULT IN 8 CRIMINAL AND CIVIL LIABILITY. 9 (2) A LICENSE ISSUED UNDER THIS ACT TO CARRY A CONCEALED 10 PISTOL IS VALID THROUGHOUT THIS STATE AND IS INTENDED FOR USE IN 11 OTHER STATES THAT RECOGNIZE A LICENSE TO CARRY A CONCEALED PISTOL 12 ISSUED BY ANOTHER STATE. 13 (3) UPON ISSUANCE OF A CONCEALED PISTOL LICENSE TO A PERSON, 14 THE DEPARTMENT SHALL NOTIFY THE SHERIFF OF THE COUNTY WHERE THAT 15 PERSON RESIDES. 16 SEC. 5E. (1) A PERSON WHOSE APPLICATION FOR A LICENSE TO 17 CARRY A CONCEALED PISTOL UNDER THIS ACT IS DENIED MAY APPEAL THE 18 DENIAL TO THE DISTRICT COURT IN THE JUDICIAL DISTRICT WHERE THE 19 APPLICANT RESIDES. 20 (2) THE COURT SHALL AWARD COSTS AND ACTUAL ATTORNEY FEES TO 21 THE PREVAILING PARTY IN AN APPEAL UNDER THIS SECTION. 22 SEC. 5F. (1) THE DEPARTMENT SHALL CREATE AND MAINTAIN A 23 COMPUTERIZED DATABASE OF INDIVIDUALS WHO APPLY UNDER THIS ACT FOR 24 A LICENSE TO CARRY A CONCEALED PISTOL. THE DATABASE SHALL CON- 25 TAIN ONLY THE FOLLOWING INFORMATION AS TO EACH APPLICANT: 26 (A) THE APPLICANT'S NAME, ADDRESS, AND COUNTY OF RESIDENCE. 00074'99 * 11 1 (B) IF THE APPLICANT IS LICENSED TO CARRY A CONCEALED PISTOL 2 IN THIS STATE, THE LICENSE NUMBER AND DATE OF EXPIRATION. 3 (C) SUBJECT TO SUBSECTION (2), IF THE APPLICANT WAS DENIED A 4 LICENSE TO CARRY A CONCEALED PISTOL, A STATEMENT OF THE REASONS 5 FOR THAT DENIAL. 6 (2) IF AN INDIVIDUAL WHO WAS DENIED A LICENSE TO CARRY A 7 CONCEALED PISTOL IS SUBSEQUENTLY ISSUED A LICENSE TO CARRY A CON- 8 CEALED PISTOL, THE DEPARTMENT SHALL DELETE FROM THE COMPUTERIZED 9 DATABASE THE PREVIOUS REASONS FOR THE DENIAL. 10 (3) THE DEPARTMENT SHALL MAKE THE INFORMATION DESCRIBED IN 11 SUBSECTION (1)(A) AND (B) AVAILABLE THROUGH THE LAW ENFORCEMENT 12 INFORMATION NETWORK. 13 (4) INFORMATION IN THE DATABASE IS CONFIDENTIAL AND SHALL 14 NOT BE DISCLOSED TO ANY PERSON EXCEPT FOR PURPOSES OF THIS ACT OR 15 TO A POLICE AGENCY THROUGH THE LAW ENFORCEMENT INFORMATION NET- 16 WORK TO VERIFY WHETHER AN INDIVIDUAL IS LICENSED TO CARRY A CON- 17 CEALED PISTOL. 18 (5) THE DEPARTMENT SHALL FILE AN ANNUAL REPORT WITH THE SEC- 19 RETARY OF THE SENATE AND THE CLERK OF THE HOUSE OF REPRESENTA- 20 TIVES SETTING FORTH ALL OF THE FOLLOWING INFORMATION: 21 (A) THE NUMBER OF CONCEALED PISTOL APPLICATIONS RECEIVED. 22 (B) THE NUMBER OF CONCEALED PISTOL LICENSES ISSUED. 23 (C) THE NUMBER OF CONCEALED PISTOL LICENSES DENIED. 24 (D) CATEGORIES FOR DENIAL UNDER SUBDIVISION (C). 25 (E) THE NUMBER OF CONCEALED PISTOL LICENSES REVOKED. 26 (F) CATEGORIES FOR REVOCATION UNDER SUBDIVISION (E). 00074'99 * 12 1 (G) THE NUMBER OF APPLICATIONS PENDING AT THE TIME THE 2 REPORT IS MADE. 3 SEC. 5G. (1) AN INDIVIDUAL WHO IS LICENSED UNDER THIS ACT 4 TO CARRY A CONCEALED PISTOL SHALL HAVE HIS OR HER LICENSE TO 5 CARRY THAT PISTOL IN HIS OR HER POSSESSION AT ALL TIMES HE OR SHE 6 IS CARRYING A CONCEALED PISTOL. 7 (2) AN INDIVIDUAL WHO IS LICENSED UNDER THIS ACT TO CARRY A 8 CONCEALED PISTOL SHALL SHOW THAT LICENSE TO A PEACE OFFICER UPON 9 REQUEST BY THAT PEACE OFFICER. 10 (3) AN INDIVIDUAL WHO VIOLATES THIS SECTION IS RESPONSIBLE 11 FOR A STATE CIVIL INFRACTION AND MAY BE FINED NOT MORE THAN 12 $100.00. 13 SEC. 5H. (1) AN INDIVIDUAL WHO IS LICENSED TO CARRY A CON- 14 CEALED PISTOL ON THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT 15 ADDED THIS SECTION MAY CARRY A CONCEALED PISTOL UNDER THAT 16 LICENSE UNTIL THE LICENSE EXPIRES OR THE INDIVIDUAL'S AUTHORITY 17 TO CARRY A CONCEALED PISTOL UNDER THAT LICENSE IS OTHERWISE TER- 18 MINATED, WHICHEVER OCCURS FIRST. 19 (2) AN INDIVIDUAL WHO IS LICENSED UNDER THIS ACT TO CARRY A 20 CONCEALED PISTOL ON THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT 21 ADDED THIS SECTION MAY APPLY FOR A RENEWAL LICENSE UPON THE EXPI- 22 RATION OF THAT LICENSE AS PROVIDED IN SECTION 5K. 23 SEC. 5I. AN OWNER OF PRIVATE REAL PROPERTY MAY POST A SIGN 24 ON THAT REAL PROPERTY STATING THAT THE CARRYING OF CONCEALED PIS- 25 TOLS ON THAT REAL PROPERTY IS PROHIBITED. 26 SEC. 5J. A PISTOL TRAINING OR SAFETY PROGRAM DESCRIBED IN 27 SECTION 5B(6)(H) MEETS THE REQUIREMENTS OF KNOWLEDGE OR TRAINING 00074'99 * 13 1 IN THE SAFE USE AND HANDLING OF A PISTOL ONLY IF ALL OF THE 2 FOLLOWING CONDITIONS ARE MET: 3 (A) THE COURSE PROVIDES INSTRUCTION IN THE SAFE USE AND HAN- 4 DLING OF A PISTOL, THE LAW OF SELF-DEFENSE, AND CIVIL AND CRIMI- 5 NAL LIABILITY FOR IMPROPER USE OF A PISTOL AND INCLUDES FIRING 6 RANGE TIME. 7 (B) THE PROGRAM PROVIDES A CERTIFICATE OF COMPLETION. 8 SEC. 5K. A LICENSE TO CARRY A CONCEALED PISTOL IS VALID FOR 9 5 YEARS, AND MAY BE RENEWED IN THE SAME MANNER AS THE ORIGINAL 10 LICENSE WAS RECEIVED, EXCEPT AS FOLLOWS: 11 (A) THE RENEWAL FEE IS $20.00. THE FEE IS PAYABLE TO THE 12 DEPARTMENT. AN INDIVIDUAL WHO IS A RETIRED POLICE OFFICER OF A 13 POLICE AGENCY OF THIS STATE OR OF A POLITICAL SUBDIVISION OF THIS 14 STATE WHO PRESENTS EVIDENCE SATISFACTORY TO THE DEPARTMENT OF HIS 15 OR HER STATUS AS A RETIRED POLICE OFFICER OF THIS STATE OR A 16 POLITICAL SUBDIVISION OF THIS STATE IS NOT REQUIRED TO PAY A 17 RENEWAL FEE UNDER THIS SECTION. 18 (B) FINGERPRINTS ARE NOT REQUIRED FOR A RENEWAL. 19 SEC. 5l. (1) THE STATE OR A LOCAL UNIT OF GOVERNMENT SHALL 20 NOT PROHIBIT AN EMPLOYEE OF THAT ENTITY FROM DOING EITHER OF THE 21 FOLLOWING: 22 (A) APPLYING FOR AND RECEIVING A LICENSE TO CARRY A CON- 23 CEALED PISTOL AS PROVIDED IN THIS ACT. 24 (B) CARRYING A CONCEALED PISTOL IN COMPLIANCE WITH A LICENSE 25 ISSUED UNDER THIS ACT. 26 (2) THE STATE OR A LOCAL UNIT OF GOVERNMENT SHALL NOT 27 DISCIPLINE OR OTHERWISE RETALIATE AGAINST AN EMPLOYEE OF THAT 00074'99 * 14 1 ENTITY FOR PROVIDING INFORMATION, INCLUDING BUT NOT LIMITED TO 2 ORAL TESTIMONY, REGARDING THE PROPRIETY OF ISSUING A LICENSE TO 3 AN INDIVIDUAL TO CARRY A CONCEALED PISTOL. 4 (3) AS USED IN THIS SECTION, "LOCAL UNIT OF GOVERNMENT" 5 MEANS A CITY, VILLAGE, TOWNSHIP, COUNTY, OR A COMMUNITY COLLEGE, 6 COLLEGE, OR UNIVERSITY. 7 SEC. 5M. AN EMPLOYER SHALL NOT PROHIBIT AN EMPLOYEE FROM 8 DOING EITHER OF THE FOLLOWING: 9 (A) APPLYING FOR OR RECEIVING A LICENSE TO CARRY A CONCEALED 10 PISTOL UNDER THIS ACT. 11 (B) CARRYING A CONCEALED PISTOL IN COMPLIANCE WITH A LICENSE 12 ISSUED UNDER THIS ACT. THIS SUBDIVISION DOES NOT PROHIBIT AN 13 EMPLOYER FROM PROHIBITING AN EMPLOYEE FROM CARRYING A CONCEALED 14 PISTOL IN THE COURSE OF HIS OR HER EMPLOYMENT WITH THAT EMPLOYER. 15 Sec. 6a. (1)A concealed weapons licensing boardTHE 16 DEPARTMENT may issue to anybank, trust company, armored car17company, railway company, express company, or other company,18institution, copartnership,PERSON or individualhaving in its,19their, or the individual's possessionPOSSESSING A largesums20 SUM of money or other valuables,a license authorizing the 21 licensee to equip the premises or vehicles underits, their, or22the individual'sTHE LICENSEE'S control with gas ejecting 23 devices to be used solely for the purpose of protecting those 24 premises or vehicles and the persons or property in the premises 25 or vehicles from criminal assaults. 26 (2) Thedirector of thedepartmentof state policeshall 27 promulgate rules to governtheissuingof theA license and 00074'99 * 15 1themakingofan application fortheA license. The rules 2 shall be promulgatedpursuant toIN COMPLIANCE WITH the admin- 3 istrative procedures act of 1969,Act No. 306 of the Public Acts4of 1969, as amended, being sections 24.201 to 24.328 of the5Michigan Compiled Laws1969 PA 306, MCL 24.201 TO 24.328. The 6concealed weapons licensing boardDEPARTMENT may issueto any7company, copartnership, or individual under the limitations and8pursuant to the rules promulgated by the director of the depart-9ment of state policea license TO A PERSON authorizing the 10corporation, copartnership, or individualPERSON to manufacture 11 or sell, or both, a gas ejecting or GAS emitting weapon, cart- 12 ridge, or device to any person authorized by law to possess the 13 weapon, cartridge, or device. RULES PROMULGATED BY THE DEPART- 14 MENT OF STATE POLICE UNDER THIS SECTION BEFORE THE EFFECTIVE DATE 15 OF THE AMENDATORY ACT THAT AMENDED THIS SECTION REMAIN IN EFFECT 16 UNTIL RESCINDED BY THE DEPARTMENT. 17 (3) For purposes of this section, "gas ejecting device" 18 means a device designed for the purpose of rendering a person 19 either temporarily or permanently disabled by the ejection, 20 release, or emission of a gas or other substance. 21 (4) A licenseshallIS notberequired under this sec- 22 tionfor the saleTO SELL, purchase, orpossession ofPOSSESS 23 a self-defense spray device, as defined in section 224d of the 24 Michigan penal code,Act No. 328 of the Public Acts of 1931,25being section 750.224d of the Michigan Compiled Laws1931 PA 26 328, MCL 750.224D. 00074'99 * 16 1 Sec. 8. Thelicensing board herein created by section 62 DEPARTMENT, AFTER ISSUING A CONCEALED PISTOL LICENSE, may revoke 3anyTHAT licenseissued by it upon receiving a certificate of4any magistrate showing that such licensee has been convicted of5violating any of the provisions of this act, or has been con-6victed of a felony. Such license may also be revoked whenever in7the judgment of said board the reason for granting such license8shall have ceased to exist, or whenever said board shall for any9reasonable cause determine said licensee to be an unfit person to10carry a pistol concealed upon his person. No suchIF THE 11 DEPARTMENT DETERMINES THAT THE INDIVIDUAL COMMITTED ANY VIOLATION 12 OF THIS ACT OTHER THAN A VIOLATION OF SECTION 5G OR IF THE 13 DEPARTMENT DETERMINES THAT THE INDIVIDUAL IS NOT ELIGIBLE UNDER 14 THIS ACT TO RECEIVE A LICENSE TO CARRY A CONCEALED PISTOL. A 15 license shall NOT be revoked UNDER THIS SECTION except upon writ- 16 ten complaint andthen only afterAN OPPORTUNITY FOR a hearing 17by said board, of whichBEFORE THE DEPARTMENT. THE DEPARTMENT 18 SHALL GIVE THE INDIVIDUAL at least710 days' noticeshall be19given to the licensee eitherOF A HEARING UNDER THIS SECTION. 20 THE NOTICE SHALL BE by personal service or byregistered21 CERTIFIED mail DELIVERED tohisTHE INDIVIDUAL'S last known 22 address. Theclerk of said licensing boardDEPARTMENT is 23herebyauthorized to administer an oath to anyperson24 INDIVIDUAL testifying beforesuchTHE board atany suchA 25 hearing UNDER THIS SECTION. 26 Sec. 9d. A firearm that is possessed in violation of this 27 act is subject to forfeiture IF THE VIOLATION IS A FELONY. 00074'99 * 17 1 Sec. 10. (1) A person who owns a firearm shall, within 5 2 days after he or she knows his or her firearm is stolen, report 3 the theft to a police agency having jurisdiction over that 4 theft. 5 (2) A person who fails to report the theft of a firearm as 6 required under subsection (1) is responsible for a civil viola- 7 tion and may be fined not more than $500.00. 8 (3) A LAW ENFORCEMENT AGENCY THAT RECOVERS A STOLEN FIREARM 9 SHALL NOTIFY THE OWNER, IF KNOWN, WITHIN 90 DAYS AFTER THE STOLEN 10 FIREARM IS RECOVERED. 11 Sec. 12. Sections 2 and 9 do not apply toa duly12authorizedANY OF THE FOLLOWING: 13 (A) A police or correctional agency of the United States or 14 oftheTHIS state or any subdivisionthereof, nor to theOF 15 THIS STATE. 16 (B) THE UNITED STATES army, air force, navy, or marine 17 corps.of the United States, nor to organizations18 (C) AN ORGANIZATION authorized by law to purchase or receive 19 weapons from the United States or from this state., nor to the20 (D) THE national guard, armed forces reserves, or other duly 21 authorized militaryorganizations, or to members of the above22agencies or organizations for weapons used for the purposes of or23incidental to such agencies or organizations, nor to a person24 ORGANIZATION. 25 (E) A MEMBER OF AN ENTITY OR ORGANIZATION DESCRIBED IN 26 SUBDIVISIONS (A) TO (D) FOR A PISTOL USED IN THE COURSE OF HIS OR 27 HER DUTIES WITH THAT ENTITY. 00074'99 * 18 1 (F) A NONRESIDENT holding a license to carry a pistol 2 concealed upon his OR HER person issued by another state., nor3to the4 (G) THE regular and ordinary transportation ofpistolsA 5 PISTOL as merchandise by AN authorizedagentsAGENT ofanyA 6 person licensed to manufacture firearms OR A LICENSED DEALER. 7 Sec. 12a. Section65B does not apply to: 8 (a) A peace officer of a duly authorized police agency of 9 the United States or of this state or a political subdivision of 10 this state, who is regularly employed and paid by the United 11 States or this state or a subdivision of this state, except that 12 section65B does apply to a township constable. 13 (b) A constable who is trained and certified pursuant to 14Act No. 203 of the Public Acts of 1965, as amended, being sec-15tions 28.601 to 28.616 of the Michigan Compiled LawsTHE COMMIS- 16 SION ON LAW ENFORCEMENT STANDARDS ACT, 1965 PA 203, MCL 28.601 TO 17 28.616, who is engaged in his or her official duties or going to 18 or coming from his or her official duties, and who is regularly 19 employed and paid by a political subdivision of this state. 20 (c) A person regularly employed by the department of correc- 21 tions and authorized in writing by the director of the department 22 of corrections to carry a concealed weapon concealed during the 23 performance of his or her duties or while going to or returning 24 from his or her duties. 25 (d) A member of the UNITED STATES army, air force, navy, or 26 marine corpsof the United Stateswhile carrying a weapon in 27 line of duty. 00074'99 * 19 1 (e) A member of the national guard, armed forces reserves, 2 or otherdulyauthorized military organization while on duty or 3 drill or while going to or returning from his or her place of 4assemblyDUTY orpracticeDRILL or while carrying a weapon 5 used for purposes of a military organization. 6 (f) A person licensed BY ANOTHER STATE to carry a pistol 7 concealed upon his or her person.issued by another state.8 (g) The regular and ordinary transportation of a pistol as 9 merchandise by an authorized agent of a person licensed to manu- 10 facture firearms. 11 (h) A person while carrying a pistol unloaded in a wrapper 12 or container in the trunk of his or her vehicle from the place of 13 purchase to his or her home or place of business or to a place of 14 repair or back to his or her home or place of business, or in 15 moving goods from 1 place of abode or business to another place 16 of abode or business. 17 Sec. 12c. A licensing fee for the renewal of a license 18 issuedpursuant toUNDER section65B shall not be required 19 of an applicant who is a retired peace officer of a duly autho- 20 rized police agency of this state or a political subdivision of 21 this state. When applying for the renewal of a license under 22 section65B, a retired peace officer shall submit evidence of 23 his or her retirement considered sufficient by theconcealed24weapons licensing boardDEPARTMENT to have the fee waived 25pursuant toUNDER this section. 26 Sec. 14.AllSUBJECT TO SECTION 9D, ALL pistols, weapons, 27 or devices carried or possessed contrary to this act arehereby00074'99 * 20 1 declared forfeited to the state, and shall be turned over to the 2commissionerDIRECTOR of theMichiganDEPARTMENT OF state 3 police or his OR HER designated representative, forsuch4dispositionDISPOSAL assaid commissioner may prescribeHE OR 5 SHE PRESCRIBES. 6 Enacting section 1. Sections 3, 4, 6, and 7 of 1927 PA 372, 7 MCL 28.423, 28.424, 28.426, and 28.427, are repealed. 8 Enacting section 2. This amendatory act takes effect 9 January 1, 2000. 00074'99 * Final page. JJG