SENATE BILL NO. 163


   January 28, 1999, Introduced by Senator JAYE and referred to the
        Committee on Judiciary.



        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,"

   (MCL 28.421 to 28.434) by adding section 5e.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 5E.  IF THE CONCEALED WEAPON LICENSING BOARD DENIES

 2    ISSUANCE OF A LICENSE TO CARRY A CONCEALED PISTOL, OR FAILS TO

 3    ISSUE THAT LICENSE AS PROVIDED IN THIS ACT, OR ISSUES A

 4    RESTRICTED LICENSE, THE APPLICANT MAY PETITION THE DISTRICT COURT

 5    IN THE JUDICIAL DISTRICT IN WHICH HE OR SHE RESIDES TO REVIEW THE

 6    DENIAL, THE FAILURE TO ISSUE THE LICENSE, OR THE ISSUANCE OF A

 7    RESTRICTED LICENSE.  THE REVIEW OF THE DENIAL, FAILURE TO ISSUE A


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 1    LICENSE, OR ISSUANCE OF A RESTRICTED LICENSE SHALL BE MADE DE

 2    NOVO. IF THE COURT DETERMINES THE CONCEALED WEAPON LICENSING

 3    BOARD IMPROPERLY DENIED ISSUANCE OF A LICENSE TO CARRY A CON-

 4    CEALED PISTOL, IMPROPERLY FAILED TO ISSUE A LICENSE AS PROVIDED

 5    IN THIS ACT, OR IMPROPERLY ISSUED A RESTRICTED LICENSE, THE COURT

 6    SHALL ORDER THE CONCEALED WEAPON LICENSING BOARD TO PAY THE

 7    ACTUAL AND REASONABLE EXPENSES OF THE APPLICANT INCLUDING, BUT

 8    NOT LIMITED TO, ACTUAL AND REASONABLE ATTORNEY FEES.

 9         Enacting section 1.  This amendatory act takes effect

10    January 1, 2000.




































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