We at Ann Arbor Arms would like to share with you an update from Gary C. Bengtson, a practicing firearms attorney who you can find teaching the legal portion at some of our monthly CPL classes. For the most updated legal information regarding Michigan Firearms Law, please visit the Michigan State Police website.
MAJOR CHANGES TO MICHIGAN CONCEALED CARRY IN 2015
By: Gary C. Bengtson
(garyblaw@yahoo.com)
November 6, 2015
Various public acts of 2015 effectuated
a major revision of Michigan’s concealed carry statute. Most the changes are effective December 1,
2015, and they primarily modify the “behind-the-scenes” procedure for government
processing of a concealed pistol license application, although significant substantive
changes were made in certain concealed carry provisions, as outlined
below. It is important for instructors,
applicants and licensees to become familiar with these changes, because each of
these groups is affected to one degree or another by these modifications to the
law.
The biggest change concerns the county
concealed weapon licensing boards. Effective
December 1, 2015, all county concealed weapon licensing boards were eliminated. The Michigan State Police are now tasked with
determination of applicant eligibility for concealed carry and the county
clerks are directly responsible for issuing and administrating licenses.
The cost of applying is now $100.00. The cost of renewal is $115.00.
Below is a list of the most relevant
changes to Michigan’s concealed carry statute.
This is not an exhaustive list of all changes, and if you have specific
questions about how the amended law affects you, it is advised that you review
the law and / or consult with an attorney.
MISCELLANEOUS PROVISIONS
Any application for restoration of
firearms rights pursuant to MCL 750.224f now goes to the circuit court in the
county where you reside.
The Michigan State Police shall provide
an electronic format (typically CD-ROM) compilation of firearms laws and forms
for appeal of license denial, and county clerks shall distribute these to
applicants.
Only one submitted application for a
concealed pistol license may be made per year.
If the Secretary of State maintains a
digitized photograph of applicant (from driver’s license records), no
photograph need be submitted with application but if the Secretary of State has
no digitized photo of applicant, then a passport quality photo must be
submitted. By 2018, the Michigan State
Police shall directly provide for renewal of a concealed pistol license by mail
or online.
PROHIBITED
PREMISES
There are no significant changes to prohibited premises for
concealed carry or to penalties for illegal carry in those prohibited areas.
RENEWAL
The county clerk must now notify a licensee when their concealed
pistol license is getting close to expiration, no more than 6 months and no
less than 3 months before expiration.
Renewal is allowable if the license is not expired or for one year after
expiration of the license. If an individual
applies for renewal prior to expiration, the expiration date is extended until
renewal or disqualification. A renewal
applicant must still certify they’ve had 3 hours of review time and 1 hour of
range time within the preceding six months.
EMERGENCY LICENSES
The County Clerk shall issue emergency concealed carry licenses to applicants issued
a personal protection order or if the county sheriff determines by clear and
convincing evidence the safety of an applicant or applicant’s family is
endangered by inability to acquire immediate licensure. Clear and convincing evidence includes an
application for a personal protection order not yet issued, other records or
video / audio evidence etc. An applicant
for an emergency license must be eligible for a license pursuant to a criminal
background check. A licensee issued an
emergency license must complete a training course within 10 business days of
applying for the emergency license and must also apply for a regular license within
10 days. The emergency license is valid
for 45 days. The clerk may provide
exemption from premises restrictions if acceptable proof is provided of
qualification for the exemption. No more
than one emergency license may be granted every 5 years. Residency requirement of 6 months may be waived
for emergency license.
INTERESTING ADDITIONAL CHANGES / CLARIFICATIONS
Before amendment, a CPL license could
not issue to someone who was the subject of a personal protection order. Now, a license cannot issue to someone who is
the subject of a personal protection order if
that order includes a restriction that the application is not allowed to
purchase or possess a firearm.
A license may not issue to an applicant with a diagnosis of a mental illness that includes
an assessment that the individual presents a danger to himself or herself
or to another at the time the application is made, regardless of
whether he or she is receiving treatment for that illness. Prior to amendment, a mere diagnosis without
a finding of danger to self or others was automatically disqualifying.
There are some relatively significant modifications
to the list of temporarily disqualifying 8 year and 3 year misdemeanors. Please review the law or talk to an attorney
if you have questions about these changes, which are too numerous to list here.
The “safety disqualification” has been eliminated. Prior to amendment, the county concealed
weapon licensing boards had discretion to deny a license to an applicant if
there was clear and convincing evidence the applicant was a danger to himself
or to others (where the applicant would otherwise qualify). With the elimination of the concealed weapon
licensing boards, this discretion has also been eliminated. Now, either an applicant qualifies or does
not qualify pursuant to the criminal or mental health history of the applicant.
The county clerk gives an applicant a receipt upon
application for a license. If a license
or notice of statutory disqualification is not provided within 45 days of
fingerprinting, the receipt itself shall serve as a concealed pistol license
when carried with qualifying identification.
This receipt is valid as a concealed pistol license until the formal license
or a statutory disqualification is issued.
The receipt is required to have this language on the receipt.
Any disqualification notification sent by the county clerk must
include each statutory disqualification, the source of the record used and the
contact information for the source of the record and the right of appeal.
TRAINING
AND CERTIFICATES
Qualifying training must be no more than 5 years old (before
amendment there was no limitation written into the law). Certificates must now have the name and
telephone number of the instructor and the name and telephone number of the training
organization (typically the NRA) and the instructor’s certification number
along with any expiration date of certification. The law no longer references “the 8 hour pistol
safety course” so any course will qualify so long as it meets the requirements
for the course, which remain unchanged.
Training must still be at least 8 hours in length. An applicant can apply using any training
certificate that does not meet the requirements of the law at the time of
certification issuance if evidence is provided that demonstrates the certificate
or training meets applicable requirements.
The amendment still contains the requirement that the certificate of completion
state “This course complies with section 5j of 1927 PA 372”.
CONCEALED
CARRY AND ALCOHOL
A blood alcohol level of .10 or higher alcohol shall equal
revocation of the license. If the blood
alcohol is .08 to less than .10 the court shall
(not may) suspend the license for 3 years (before amendment the statute stated not
more than 3 years). If the blood alcohol
is .02 to less than .08 the court shall
(not may) fine the licensee $100 (before amendment the statute stated not more
than $100) and the court shall suspend the license for 1 year. The language in this section cleans up any confusion
regarding use of the words revoke and suspend in the prior law.
A refusal to submit to a breath test shall (not may) result in suspension for 6 months (the statute used
to state, without specification, “suspend or revoke”). In addition, and this is a big change, a refusal to take a breath test is a
state civil infraction with a $100 fine.
Before amendment, a refusal just resulted in the loss of license privileges.