SENATE BILL NO. 973
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
AND sheriff,
2 and the director of the department of state police,
or their
3 respective authorized deputies, shall AND THE
MEMBER APPOINTED
4 UNDER 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
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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 1 INDIVIDUAL,
8 WHO IS NOT A MEMBER OF A LAW ENFORCEMENT AGENCY AND WHO IS REGU-
9 LARLY ENGAGED IN TEACHING PISTOL SAFETY AND TRAINING PROGRAMS OR
10 CLASSES, AS A MEMBER OF THE COUNTY'S CONCEALED WEAPON LICENSING
11 BOARD. HE OR SHE SHALL BE APPOINTED FOR A 2-YEAR TERM AND SHALL
12 SERVE UNTIL HIS OR HER SUCCESSOR IS APPOINTED.
13 (3) A CONCEALED WEAPON LICENSING BOARD SHALL NOT GRANT A
14 license to carry a pistol concealed on the person or to carry a
15 pistol, whether concealed or otherwise, in a vehicle operated or
16 occupied by the person applying for the license , shall not
be
17 granted to a person unless the person is 18 years
of age or
18 older, is a citizen of the United States, and has resided in this
19 state 6 months or more. A THE BOARD SHALL NOT
ISSUE A license
20 shall not be issued unless it appears
DETERMINES that the
21 applicant has good reason to fear injury to his or her person or
22 property, or has other proper reasons, and is a suitable person
23 to be licensed. A THE BOARD SHALL NOT ISSUE A
license shall
24 not be issued under this section unless all of the
following
25 circumstances exist:
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1 (a) The person is not the subject of an order or disposition
2 entered into the law enforcement information network
pursuant
3 to UNDER any of the following:
4 (i) Section 464a(1) 464A of the
mental health code, Act
5 No. 258 of the Public Acts of 1974, being section 330.1464a
of
6 the Michigan Compiled Laws 1974 PA 258, MCL
330.1464A.
7 (ii) Section 444a(1) 444A of the
revised probate code,
8 Act No. 642 of the Public Acts of 1978, being section
700.444a
9 of the Michigan Compiled Laws 1978 PA 642, MCL
700.444A.
10 (iii) Section 2950(9) 2950 OR 2950A
of the revised judica-
11 ture act of 1961, Act No. 236 of the Public Acts of 1961,
being
12 section 600.2950 of the Michigan Compiled Laws
1961 PA 236, MCL
13 600.2950 AND 600.2950A.
14 (iv) Section 2950a(7) of Act No. 236 of the
Public Acts of
15 1961, being section 600.2950a of the Michigan Compiled Laws.
16 (v) Section 14(7) of chapter 84 of the Revised
Statutes of
17 1846, being section 552.14 of the Michigan Compiled Laws.
18 (iv) (vi) Section
6b(5) 6B of chapter V of the code of
19 criminal procedure, Act No. 175 of the Public Acts of 1927,
20 being section 765.6b of the Michigan Compiled Laws
1927 PA 175,
21 MCL 765.6B, if the order has a condition imposed pursuant
to
22 UNDER section 6b(3) of chapter V of Act No. 175 of the
Public
23 Acts of 1927 THAT ACT.
24 (v) (vii) Section
16b(1) 16B of chapter IX of Act
25 No. 175 of the Public Acts of 1927, being section 769.16b of
the
26 Michigan Compiled Laws THE CODE OF CRIMINAL
PROCEDURE, 1927 PA
27 175, MCL 769.16B.
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1 (b) The person has not been convicted of a felony or
2 confined for a felony conviction in this state or elsewhere
3 during the 8-year period immediately preceding the date of the
4 application , and a felony charge against the
person is not
5 pending at the time WHEN he or she applies for a
license
6 described in this section.
7 (c) The person has not been adjudged insane unless the
8 person has been adjudged restored to sanity by court order.
9 (d) The person is not under an order of involuntary commit-
10 ment in an inpatient or outpatient setting due to mental
11 illness.
12 (e) The person has not been adjudged legally incapacitated
13 in this state or elsewhere. This subdivision does not apply to a
14 person who has had his or her legal capacity restored by court
15 order.
16 (4) (2) If THE CONCEALED WEAPON LICENSING
BOARD SHALL NOT
17 ISSUE A LICENSE TO an applicant WHO resides in a city, village,
18 or township having an organized POLICE department of
police, a
19 license shall not be issued unless the application
is first
20 approved in writing by the supervisor, commissioner or chief of
21 police, or marshal of that city, village, or township. If an
22 application is not approved in the manner prescribed by this sub-
23 section, the applicant has 10 days to appeal , in
writing ,
24 to the concealed weapon licensing board in the county in which
25 the applicant resides. Upon receipt of RECEIVING
a written
26 appeal, that concealed weapon licensing board shall schedule a
27 hearing to be held at its next scheduled meeting. , which
THE
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1 MEETING shall BE HELD not be less than 15 days
after the
2 receipt of the fingerprint comparison report IS
RECEIVED. The
3 concealed weapon licensing board shall determine at the hearing
4 whether the applicant is qualified to carry a concealed weapon
5 pursuant to UNDER this section. Notice of the
hearing shall be
6 mailed to the applicant and the organized POLICE department
of
7 police not less than 10 days before the scheduled
hearing. The
8 applicant shall deposit the sum of $10.00 with
the county clerk
9 at the time WHEN the appeal is made. If
, after appeal, a
10 license is not issued AFTER APPEAL, the deposit shall be credited
11 to the COUNTY'S general fund. of the county. If a
license is
12 issued, the deposit shall be processed as the license fee
13 required under subsection (6) (8).
14 (5) (3) If THE CONCEALED WEAPON LICENSING
BOARD SHALL NOT
15 ISSUE A LICENSE TO an applicant does not reside
WHO RESIDES in
16 a city, village, or township that has DOES NOT
HAVE an orga-
17 nized POLICE department of police, a license shall not be
18 issued unless the application is first submitted
for approval or
19 objection to the supervisor of the township in which the appli-
20 cant resides. The supervisor shall indicate in writing on the
21 application whether he or she objects to the license being
22 issued. If action is not taken by a supervisor within 14 days
23 after the application is submitted to the supervisor, the con-
24 cealed weapon licensing board shall consider the application as
25 if a statement of no objection had been included. If the super-
26 visor objects to the application in writing, the applicant may
27 appeal the objection to the concealed weapon licensing board of
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1 the county in which the applicant resides within 10 days after
2 the objection. Upon receipt of RECEIVING a
written appeal,
3 that concealed weapon licensing board shall schedule a hearing to
4 be held at its next scheduled meeting. , which
THE HEARING
5 shall BE HELD not be less than 15 days after
the receipt of
6 the fingerprint comparison report IS RECEIVED. The concealed
7 weapon licensing board shall determine at the hearing whether the
8 applicant is qualified to carry a concealed weapon pursuant
to
9 UNDER this section. Notice of the hearing shall be mailed to the
10 applicant and the supervisor of the township not less than 10
11 days before the scheduled hearing. The applicant shall deposit
12 the sum of $10.00 with the county clerk
at the time WHEN the
13 appeal is made. If , after appeal, a license is
not issued
14 AFTER APPEAL, the deposit shall be credited to the COUNTY'S gen-
15 eral fund. of the county. If a license is issued,
the deposit
16 shall be processed as the license fee required under subsection
17 (6) (8).
18 (6) (4) An applicant shall have 2 sets of
fingerprints
19 taken by the sheriff , or the sheriff's authorized
20 representative, of the county in which the
applicant resides ,
21 OR THE SHERIFF'S AUTHORIZED REPRESENTATIVE if the applicant
does
22 not reside RESIDES in a city, village, or township
having THAT
23 DOES NOT HAVE an organized POLICE department of police,
or by
24 the commissioner or chief of police , or marshal,
or an autho-
25 rized representative of the commissioner or chief of police or
26 marshal, if the applicant resides within IN a
city, village, or
27 township having an organized POLICE department. of police.
The
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1 first set of fingerprints shall be taken on forms furnished by
2 the department of state police , and the second
set on forms
3 furnished by the federal bureau of investigation. The person
4 taking the prints shall forward the first set of fingerprints to
5 the department of state police and the second set to the federal
6 bureau of investigation or other agency designated by the federal
7 bureau of investigation. The director of the bureau of identifi-
8 cation of the department of state police shall compare the fin-
9 gerprints with those already on file in the bureau. A CONCEALED
10 WEAPON LICENSING BOARD SHALL NOT ISSUE A license shall not
be
11 issued unless the report is received by
the clerk of the board
12 RECEIVES REPORTS from the department of state police and the fed-
13 eral bureau of investigation that the comparisons do not show
14 that the applicant was convicted of or confined
for a felony
15 during the 8-year period. The CONCEALED WEAPON LICENSING board
16 may grant a temporary permit in case of emergency pending the
17 results of the comparisons. The temporary permit shall be issued
18 for a period of not more than 30 days and shall expire automati-
19 cally at the end of the period for which it was issued. Upon
20 receipt of RECEIVING the comparison report from
the federal
21 bureau of investigation, the bureau of identification of the
22 department of state police shall forward a report of both compar-
23 isons to the officer taking the prints and also to the county
24 clerk of the county in which the applicant resides. , who
THE
25 COUNTY CLERK as clerk of the board shall keep a record of the
26 report and shall report to the CONCEALED WEAPON LICENSING board.
27 The fingerprints received under this section shall be filed in
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1 the bureau of identification of the department of state police in
2 the noncriminal section of the files.
3 (7) (5) The application for a license shall
state each
4 reason for the necessity or desirability of carrying a pistol
5 concealed on the person or carrying a pistol, whether or not con-
6 cealed, in a vehicle occupied by the person applying for the
7 license. A license issued under this section shall limit the
8 carrying of a pistol to the reason or reasons satisfactory to the
9 board , and each restriction shall
appear BE PLACED conspicu-
10 ously on the face of the license. The license shall be an autho-
11 rization to carry a pistol in compliance with this section only
12 to the extent contained in the face of the license and the
13 license shall be revoked by the CONCEALED WEAPON LICENSING board
14 if the pistol is carried contrary to the authorization.
15 (8) (6) The prosecuting attorney
shall be IS the chair-
16 person of the CONCEALED WEAPON LICENSING board. , which
THE
17 CONCEALED WEAPON LICENSING BOARD shall convene at least once in
18 each calendar month and at other times as the board is called to
19 convene by the chairperson. Each license shall be issued only
20 upon written application signed by the applicant under oath and
21 upon a form provided by the director of the department of state
22 police. Each license shall be issued only with the approval of a
23 majority of the BOARD members of the board and
shall be exe-
24 cuted in triplicate upon forms provided by the director of the
25 department of state police. Each license shall be signed in the
26 name of the concealed weapon licensing board by the county clerk
27 with the seal of the circuit court affixed to the license. The
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1 county clerk shall first collect a licensing fee of $10.00 from
2 the applicant for each license delivered to the applicant. One
3 copy of the license shall be delivered to the applicant, the
4 duplicate shall be retained by the county clerk as a permanent
5 official record for a period of 6 years, and the
triplicate of
6 the license shall be forwarded within 48 hours to the director of
7 the department of state police, who shall file and index each
8 license received and retain it as a permanent AN
official
9 record for a period of 6 years. A license is
valid for a defi-
10 nite period of not more than 3 years , and that
period shall be
11 stated in the license. A renewal of the license shall not be
12 granted except upon the filing of a new application. A license
13 shall bear the imprint of the right thumb of the licensee ,
or,
14 if a right thumb imprint is impossible to obtain, the license
15 shall bear the imprint of the left thumb or some other finger of
16 the licensee. The licensee shall carry the license upon his or
17 her person when carrying a pistol concealed upon his or her
18 person , or when carrying the pistol, whether or
not concealed,
19 in a vehicle occupied by the licensee. The licensee shall dis-
20 play the license upon the request of a peace officer. On the
21 first day of each month, the county clerk shall remit to the
22 state treasurer $2.00 for each license issued during the preced-
23 ing month. On the first day of each month the county clerk shall
24 pay into the COUNTY'S general fund of the county
the remainder
25 of each license fee for each license issued during the preceding
26 month.
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1 (9) (7) The county clerk may issue a copy of
a license
2 issued pursuant to UNDER this section for a fee
of $3.00, which
3 fee shall be paid into the COUNTY'S general fund.
of the
4 county.
5 (10) (8) A charter county may impose by
ordinance a dif-
6 ferent amount for the concealed weapon licensing fee prescribed
7 by subsection (6) (8). A charter county shall
not impose a fee
8 which THAT is greater than the cost of the
service for which
9 the fee is charged.
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