March 18, 2010, Introduced by Reps. Sheltrown, Meltzer, Walsh, Haveman, Proos, Kurtz, Elsenheimer, Lori, Moss, Denby, Lund, DeShazor, Knollenberg, Daley, Lahti, Haase, Pavlov, Pearce and Marleau and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
A bill to amend 1927 PA 372, entitled
"An act to regulate and license the selling, purchasing,
possessing, 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 or other
authorization; to provide for the forfeiture of firearms 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 and parts of acts
inconsistent with this act,"
by amending sections 5l, 9a, 9b, and 9c (MCL 28.425l, 28.429a,
28.429b, and 28.429c), sections 5l, 9a, and 9b as amended by 2008 PA
406, and section 9c as added by 1990 PA 320; and to repeal acts and
parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5l. (1) A license to carry a concealed pistol issued on or
after July 1, 2003 but before July 1, 2006 is valid for 5 years.
(2)
A An initial license to carry a concealed pistol, issued
or
renewed on or after July 1, 2006 other
than a license described
in subsection (1), is valid until the applicant's date of birth
that falls not less than 4 years or more than 5 years after the
license
is issued. or renewed, as applicable. Except as provided in
subsections
(7) and (8), a renewal of a license under section 5b
shall,
except as provided in this section, be issued in the same
manner
as an original license issued under section 5b.
(3) Subject to subsections (8) and (9), an application to
renew a license to carry a concealed pistol may be submitted not
more than 6 months before the expiration of the current license. If
the concealed weapon licensing board approves the renewal, the date
of issuance of the renewal license is the date of expiration of the
current license or the date of approval of the renewal, whichever
is later, and the date of expiration is the applicant's date of
birth which is not less than 4 years nor more than 4 years from the
date of issuance.
(4) (3)
The concealed weapon licensing
board shall issue or
deny issuance of a renewal license within 60 days after the
application for renewal is properly submitted. The county clerk
shall issue the applicant a receipt for his or her renewal
application at the time the application is submitted. The receipt
shall contain all of the following:
(a) The name of the applicant.
(b) The date and time the receipt is issued.
(c) The amount paid.
(d) A statement that the receipt is for a license renewal.
(e) A statement of whether the applicant qualifies for an
extension
under subsection (4) (5).
(f) The name of the county in which the receipt is issued.
(g) An impression of the county seal.
(5) (4)
If the concealed weapon licensing
board fails to deny
or issue a renewal license to the person within 60 days as required
under
subsection (3) (4), the expiration date of the current
license is extended by 180 days or until the renewal license is
issued, whichever occurs first. This subsection does not apply
unless the person pays the renewal fee at the time the renewal
application is submitted and the person has submitted a receipt
from a police agency that confirms that a background check has been
requested by the applicant.
(6) (5)
A person carrying a concealed
pistol after the
expiration date of his or her license pursuant to an extension
under
subsection (4) (5) shall keep the receipt issued by the
county
clerk under subsection (3) (4)
and his or her expired
license in his or her possession at all times that he or she is
carrying the pistol. For the purposes of this act, the receipt is
considered to be part of the license to carry a concealed pistol
until a renewal license is issued or denied. Failing to have the
receipt and expired license in possession while carrying a
concealed pistol or failing to display the receipt to a peace
officer upon request is a violation of this act.
(7) (6)
The educational requirements under
section 5b(7)(c)
are waived for an applicant who is a retired police officer or
retired law enforcement officer.
(8) (7)
The educational requirements under
section 5b(7)(c)
for an applicant who is applying for a renewal of a license under
this act are waived except that the applicant shall certify that he
or she has completed at least 3 hours' review of the training
described under section 5b(7)(c) and has had at least 1 hour of
firing range time in the 6 months immediately preceding the
subsequent application.
(9) (8)
Beginning January 1, 2007, an
applicant who is
applying for a renewal of a license issued under section 5b is not
required to have fingerprints taken again under section 5b(9) if
all of the following conditions have been met:
(a) There has been established a system for the department of
state police to save and maintain in its automated fingerprint
identification system (AFIS) database all fingerprints that are
submitted to the department of state police under section 5b.
(b) The applicant's fingerprints have been submitted to and
maintained by the department of state police as described in
subdivision (a) for ongoing comparison with the automated
fingerprint identification system (AFIS) database.
Sec.
9a. The department of state police shall do all of the
following:
(a)
Approve approve a pamphlet on basic pistol safety for
distribution
to entities authorized to issue licenses register
pistols under section 2.
(b)
Approve basic pistol safety questionnaires for
distribution
to entities authorized to issue licenses under section
2.
The department of state police shall approve a questionnaire
under
this subdivision only if both of the following circumstances
exist:
(i) The questionnaire only addresses material covered
in the
pamphlet
approved under subdivision (a).
(ii) The questionnaire reasonably examines the
knowledge of
pistol
safety of individuals who are required to answer
questionnaires.
Sec. 9b. The department of state police shall print the basic
pistol
safety pamphlet and basic pistol safety questionnaires
approved
by the department of state police
, and shall distribute
the pamphlet and the questionnaires free of charge to entities
authorized
to issue licenses register
pistols under section 2.
Sec.
9c. Entities authorized to issue licenses register
pistols under section 2 shall distribute a basic pistol safety
pamphlet received by that entity from the department of state
police free of charge to each person who requests a copy of the
pamphlet.
Enacting section 1. Section 2a of 1927 PA 372, MCL 28.422a, is
repealed.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5972(request no.
04819'09 *) of the 95th Legislature is enacted into law.