HOUSE BILL NO. 4846
June 27, 2023, Introduced by Reps. Wendzel, Rigas, St. Germaine, Beson, Wozniak, Outman,
Smit, Roth, Bruck, Aragona, DeSana, Hoadley, Zorn, Cavitt, Jaime Greene, Paquette, BeGole
and Alexander 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
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and parts of acts inconsistent with this act,"
by amending sections 5b and 5l (MCL 28.425b and 28.425l), section 5b
as amended by 2023 PA 37 and section 5l as amended by 2017 PA 95.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 5b. (1) To obtain a license to carry a concealed pistol,
2 an individual shall apply to the county clerk in the county in
3 which the individual resides. The applicant shall file the
4 application with the county clerk in the county in which the
5 applicant resides during the county clerk's normal business hours.
6 The application must be on a form provided by the director of the
7 department of state police and allow the applicant to designate
8 whether the applicant seeks an emergency license. The applicant
9 shall sign the application under oath. The county clerk or the
10 county clerk's representative shall administer the oath. An
11 application under this subsection is not considered complete until
12 an applicant submits all of the required information and fees and
13 has fingerprints taken under subsection (9). An application under
14 this subsection is considered withdrawn if an applicant does not
15 have fingerprints taken under subsection (9) within 45 days after
16 the date an application is filed under this subsection. A completed
17 application and all receipts issued under this section expire 1
18 year after the date of application. The county clerk shall issue
19 the applicant a receipt for the applicant's application at the time
20 the application is submitted containing the name of the applicant,
21 the applicant's state-issued driver license or personal
22 identification card number, the date and time the receipt is
23 issued, the amount paid, the name of the county in which the
24 receipt is issued, an impression of the county seal, and the
25 statement, "This receipt was issued for the purpose of applying for
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1 a concealed pistol license and for obtaining fingerprints related
2 to that application. This receipt does not authorize an individual
3 to carry a concealed pistol in this state.". The application must
4 contain all of the following:
5 (a) The applicant's legal name, date of birth, the address of
6 the applicant's primary residence, and the applicant's state-issued
7 driver license or personal identification card number.
8 (b) A statement by the applicant that the applicant meets the
9 criteria for a license under this act to carry a concealed pistol.
10 (c) A statement by the applicant authorizing the department of
11 state police to access any record needed to perform the
12 verification in subsection (6).
13 (d) A statement by the applicant regarding whether the
14 applicant has a history of mental illness that would disqualify the
15 applicant under subsection (7)(j) to (l) from receiving a license to
16 carry a concealed pistol.
17 (e) A statement by the applicant regarding whether the
18 applicant has ever been convicted in this state or elsewhere for
19 any of the following:
20 (i) Any felony.
21 (ii) A misdemeanor listed under subsection (7)(h) if the
22 applicant was convicted of that misdemeanor in the 8 years
23 immediately preceding the date of the application, or a misdemeanor
24 listed under subsection (7)(i) if the applicant was convicted of
25 that misdemeanor in the 3 years immediately preceding the date of
26 the application.
27 (f) A statement by the applicant whether the applicant has
28 been dishonorably discharged from the Armed Forces of the United
29 States.
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1 (g) If an applicant does not have a digitized photograph on
2 file with the secretary of state, a passport-quality photograph of
3 the applicant provided by the applicant at the time of application.
4 (h) A Except as otherwise provided in this subsection, a
5 certificate stating that the applicant has completed the training
6 course prescribed by this act. An applicant who is a retired police
7 officer, retired law enforcement officer, or veteran is not
8 required to complete a training course under this act.
9 (2) The county clerk shall not require the applicant to submit
10 any additional forms, documents, letters, or other evidence of
11 eligibility for obtaining a license to carry a concealed pistol
12 except as set forth in subsection (1) or as otherwise provided for
13 in this act. The application form must contain a conspicuous
14 warning that the application is executed under oath and that
15 intentionally making a material false statement on the application
16 is a felony punishable by imprisonment for not more than 4 years or
17 a fine of not more than $2,500.00, or both.
18 (3) An individual who intentionally makes a material false
19 statement on an application under subsection (1) is guilty of a
20 felony punishable by imprisonment for not more than 4 years or a
21 fine of not more than $2,500.00, or both.
22 (4) The county clerk shall retain a copy of each application
23 for a license to carry a concealed pistol as an official record.
24 One year after the expiration of a concealed pistol license, the
25 county clerk may destroy the record and a name index of the record
26 must be maintained in the database created in section 5e.
27 (5) Each Except as otherwise provided in this subsection, each
28 applicant shall pay a nonrefundable application and licensing fee
29 of $100.00 by any method of payment accepted by that county for
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1 payments of other fees and penalties. Except as provided in
2 subsection (9), no other charge, fee, cost, or assessment,
3 including any local charge, fee, cost, or assessment, is required
4 of the applicant except as specifically authorized in this act. The
5 applicant shall pay the application and licensing fee to the
6 county. A retired police officer, retired law enforcement officer,
7 or veteran is not required to pay an application and licensing fee
8 under this subsection. The county treasurer shall deposit $26.00 of
9 each application and licensing fee collected under this section in
10 the concealed pistol licensing fund of that county created in
11 section 5x. The county treasurer shall forward the balance
12 remaining to the state treasurer. The state treasurer shall deposit
13 the balance of the fee in the general fund to the credit of the
14 department of state police. The department of state police shall
15 use the money received under this act to process the fingerprints
16 and to reimburse the Federal Bureau of Investigation for the costs
17 associated with processing fingerprints submitted under this act.
18 The balance of the money received under this act must be credited
19 to the department of state police.
20 (6) The department of state police shall verify the
21 requirements of subsection (7)(d), (e), (f), (h), (i), (j), (k),
22 and (m) through the law enforcement information network and the
23 national instant criminal background check system and shall report
24 to the county clerk all statutory disqualifications, if any, under
25 this act that apply to an applicant.
26 (7) The county clerk shall issue and shall send by first-class
27 mail a license to an applicant to carry a concealed pistol within
28 the period required under this act if the county clerk determines
29 that all of the following circumstances exist:
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1 (a) The applicant is 21 years of age or older.
2 (b) The applicant is a citizen of the United States or is an
3 alien lawfully admitted into the United States, is a legal resident
4 of this state, and has resided in this state for not less than the
5 6 months immediately preceding the date of application. The county
6 clerk shall waive the 6-month residency requirement for an
7 emergency license under section 5a(4) if the applicant is a
8 petitioner for a personal protection order issued under section
9 2950 or 2950a of the revised judicature act of 1961, 1961 PA 236,
10 MCL 600.2950 and 600.2950a, or if the county sheriff determines
11 that there is clear and convincing evidence to believe that the
12 safety of the applicant or the safety of a member of the
13 applicant's family or household is endangered by the applicant's
14 inability to immediately obtain a license to carry a concealed
15 pistol. If the applicant holds a valid concealed pistol license
16 issued by another state at the time the applicant's residency in
17 this state is established, the county clerk shall waive the 6-month
18 residency requirement and the applicant may apply for a concealed
19 pistol license at the time the applicant's residency in this state
20 is established. For the purposes of this section, an individual is
21 considered a legal resident of this state if any of the following
22 apply:
23 (i) The individual has a valid, lawfully obtained driver
24 license issued under the Michigan vehicle code, 1949 PA 300, MCL
25 257.1 to 257.923, or official state personal identification card
26 issued under 1972 PA 222, MCL 28.291 to 28.300.
27 (ii) The individual is lawfully registered to vote in this
28 state.
29 (iii) The individual is on active duty status with the Armed
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1 Forces of the United States and is stationed outside of this state,
2 but the individual's home of record is in this state.
3 (iv) The individual is on active duty status with the Armed
4 Forces of the United States and is permanently stationed in this
5 state, but the individual's home of record is in another state.
6 (c) The applicant has knowledge and has had training in the
7 safe use and handling of a pistol by the successful completion of a
8 pistol safety training course or class that meets the requirements
9 of section 5j. An applicant who is a retired police officer,
10 retired law enforcement officer, or veteran is not required to
11 complete a training course under this act.
12 (d) Based solely on the report received from the department of
13 state police under subsection (6), the applicant is not the subject
14 of an order or disposition under any of the following:
15 (i) Section 464a of the mental health code, 1974 PA 258, MCL
16 330.1464a.
17 (ii) Section 5107 of the estates and protected individuals
18 code, 1998 PA 386, MCL 700.5107.
19 (iii) Sections 2950 and 2950a of the revised judicature act of
20 1961, 1961 PA 236, MCL 600.2950 and 600.2950a.
21 (iv) Section 6b of chapter V of the code of criminal procedure,
22 1927 PA 175, MCL 765.6b, if the order has a condition imposed under
23 section 6b(3) of chapter V of the code of criminal procedure, 1927
24 PA 175, MCL 765.6b.
25 (v) Section 16b of chapter IX of the code of criminal
26 procedure, 1927 PA 175, MCL 769.16b.
27 (vi) The extreme risk protection order act.
28 (e) Based solely on the report received from the department of
29 state police under subsection (6), the applicant is not prohibited
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1 from possessing, using, transporting, selling, purchasing,
2 carrying, shipping, receiving, or distributing a firearm under
3 section 224f of the Michigan penal code, 1931 PA 328, MCL 750.224f.
4 (f) Based solely on the report received from the department of
5 state police under subsection (6), the applicant has never been
6 convicted of a felony in this state or elsewhere, and a felony
7 charge against the applicant is not pending in this state or
8 elsewhere at the time the applicant applies for a license described
9 in this section.
10 (g) The applicant has not been dishonorably discharged from
11 the Armed Forces of the United States.
12 (h) Based solely on the report received from the department of
13 state police under subsection (6), the applicant has not been
14 convicted of a misdemeanor violation of any of the following in the
15 8 years immediately preceding the date of application and a charge
16 for a misdemeanor violation of any of the following is not pending
17 against the applicant in this state or elsewhere at the time the
18 applicant applies for a license described in this section:
19 (i) Section 617a (failing to stop when involved in a personal
20 injury accident), section 625 as punishable under subsection (9)(b)
21 of that section (operating while intoxicated, second offense),
22 section 625m as punishable under subsection (4) of that section
23 (operating a commercial vehicle with alcohol content, second
24 offense), section 626 (reckless driving), or a violation of section
25 904(1) (operating while license suspended or revoked, second or
26 subsequent offense) of the Michigan vehicle code, 1949 PA 300, MCL
27 257.617a, 257.625, 257.625m, 257.626, and 257.904.
28 (ii) Section 185(7) of the aeronautics code of the state of
29 Michigan, 1945 PA 327, MCL 259.185 (operating aircraft while under
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1 the influence of intoxicating liquor or a controlled substance with
2 prior conviction).
3 (iii) Section 29 of the weights and measures act, 1964 PA 283,
4 MCL 290.629 (hindering or obstructing certain persons performing
5 official weights and measures duties).
6 (iv) Section 10 of the motor fuels quality act, 1984 PA 44, MCL
7 290.650 (hindering, obstructing, assaulting, or committing bodily
8 injury upon director or authorized representative).
9 (v) Section 80176 as punishable under section 80177(1)(b)
10 (operating vessel under the influence of intoxicating liquor or a
11 controlled substance, second offense), section 81134 as punishable
12 under subsection (8)(b) of that section (operating ORV under the
13 influence of intoxicating liquor or a controlled substance, second
14 or subsequent offense), or section 82127 as punishable under
15 section 82128(1)(b) (operating snowmobile under the influence of
16 intoxicating liquor or a controlled substance, second offense) of
17 the natural resources and environmental protection act, 1994 PA
18 451, MCL 324.80176, 324.80177, 324.81134, 324.82127, and 324.82128.
19 (vi) Section 7403 of the public health code, 1978 PA 368, MCL
20 333.7403 (possession of controlled substance, controlled substance
21 analogue, or prescription form).
22 (vii) Section 353 of the railroad code of 1993, 1993 PA 354,
23 MCL 462.353, punishable under subsection (4) of that section
24 (operating locomotive under the influence of intoxicating liquor or
25 a controlled substance, or while visibly impaired, second offense).
26 (viii) Section 7 of 1978 PA 33, MCL 722.677 (displaying sexually
27 explicit matter to minors).
28 (ix) Section 81 (assault or domestic assault), section 81a(1)
29 or (2) (aggravated assault or aggravated domestic assault), section
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1 115 (breaking and entering or entering without breaking), section
2 136b(7) (fourth degree child abuse), section 145n (vulnerable adult
3 abuse), section 157b(3)(b) (solicitation to commit a felony),
4 section 215 (impersonating peace officer or medical examiner),
5 section 223 (illegal sale of a firearm or ammunition), section 224d
6 (illegal use or sale of a self-defense spray), section 227c
7 (improper transportation of a loaded firearm), section 229
8 (accepting a pistol in pawn), section 232a (improperly obtaining a
9 pistol, making a false statement on an application to purchase a
10 pistol, or using false identification to purchase a pistol),
11 section 233 (intentionally aiming a firearm without malice),
12 section 234 (intentionally discharging a firearm aimed without
13 malice), section 234d (possessing a firea