House Introduced Bill 5508

HOUSE BILL No. 5508

January 28, 1998, Introduced by Reps. Anthony and Prusi 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,"

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 sheriff, and the

2 director of the department of state police, or their respective

3 authorized deputies, AND THE MEMBERS APPOINTED UNDER

4 SUBSECTION (2) shall 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 SHALL

6 APPOINT 4 MEMBERS TO THE COUNTY'S CONCEALED WEAPON LICENSING

7 BOARD. EACH MEMBER SHALL REPRESENT A FIREARMS SPORTING GROUP

8 THAT IS ACTIVE WITHIN THE COUNTY. EACH MEMBER SHALL BE APPOINTED

9 FOR A 2-YEAR TERM AND SHALL SERVE UNTIL HIS OR HER SUCCESSOR IS

10 APPOINTED. THE COUNTY BOARD OF COMMISSIONERS MAY REMOVE ANY

11 MEMBER APPOINTED UNDER THIS SUBSECTION FOR FAILURE TO ATTEND 2

12 CONSECUTIVE MEETINGS OF THE CONCEALED WEAPON LICENSING BOARD.

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) of the mental health code, Act No. 258

5 of the Public Acts of 1974, being section 330.1464a of the

6 Michigan Compiled Laws 1974 PA 258, MCL 330.1464A.

7 (ii) Section 444a(1) of the revised probate code, Act

8 No. 642 of the Public Acts of 1978, being section 700.444a of the

9 Michigan Compiled Laws 1978 PA 642, MCL 700.444A.

10 (iii) Section 2950(9) 2950(16) OR 2950A(13) of the revised

11 judicature act of 1961, Act No. 236 of the Public Acts of 1961,

12 being section 600.2950 of the Michigan Compiled Laws 1961 PA

13 236, MCL 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) of chapter V of the code of crimi-

19 nal procedure, Act No. 175 of the Public Acts of 1927, being

20 section 765.6b of the Michigan Compiled Laws 1927 PA 175, MCL

21 765.6B, if the order has a condition imposed pursuant to UNDER

22 section 6b(3) of chapter V of Act No. 175 of the Public Acts of

23 1927 THAT ACT.

24 (v) (vii) Section 16b(1) 16B(2) 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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