CPL ISSUANCE & RENEWAL                                                                          S.B. 1219:

                                                                                 SUMMARY OF INTRODUCED BILL

                                                                                                         IN COMMITTEE

 

 

 

 

 

 

 

 

 

Senate Bill 1219 (as introduced 11-12-20)

Sponsor:  Senator Lana Theis

Committee:  Regulatory Reform

 

Date Completed:  12-1-20

 


CONTENT

 

The bill would amend the handgun licensure law to do the following:

 

 --   Specify that an executive order issued under the Emergency Management Act (EMA) would not affect a county clerk's duty to issue a concealed pistol license (CPL) or CPL renewal, provide fingerprinting services for the purposes of the law, or provide an a personal identification number to an individual so that he or she could submit his or her renewal online.

 --    Prohibit an executive order issued under the EMA from affecting a law enforcement agency's duty to provide fingerprinting for the purposes of the Act.

 --   Allow the Michigan State Police (MSP) to provide a personal identification number to an individual during that emergency or disaster so that the individual could submit his or her renewal license online, if the Governor issued or declared a state or emergency or state of disaster under the EMA.

 

CPL Issuance

 

Section 5b of the law requires an individual to apply to the county clerk in the county in which he or she resides to obtain a CPL. The applicant must file the application with the county clerk in the county in which the applicant resides during the county clerk's normal business hours. The county clerk must issue and send by first-class mail a license to an applicant to carry a concealed pistol within the period required under the law if the county clerk determines that certain circumstances exist.

 

An individual, after submitting an application and paying the prescribed fee, must request that classifiable fingerprints be taken by a county clerk, the MSP, a county sheriff, a local police agency, county sheriff, local police agency, or other entity provides fingerprinting capability for the purposes of the law. The county clerk, MSP, county sheriff, local policy agency, or other entity must take the fingerprints within five business days of the request.

 

Under the bill, an executive order issued under the EMA would not affect a county clerk's duty to do any of the following:

 

 --    Issue a concealed pistol license.

 --    Provide fingerprinting services for the purposes of the law.

 

An executive order issued under the EMA would not affect the Michigan State Police's, a county sheriff's, or a local police agency's duty to provide fingerprinting services for the purposes of the law.


 

CPL Renewal

 

Section 5l of the law specifies that a CPL, including a renewal license, is valid until the applicant's date of birth that falls not less than four years or more than five years after the license is issued or renewed. A county clerk must notify the licensee that his or her license is about to expire and may be renewed as provided in Section 5l.

 

An application to renew a CPL may be submitted not more than six months before the expiration of the current license. The MSP must provide a system for an applicant to submit his or her application to renew a license to carry a concealed pistol online or by first-class mail and must accept those applications on behalf of a county clerk as required under the law at no additional charge.

 

Under the bill, an executive order issued under the EMA would not affect a county clerk's duty to do either of the following:

 

 --    Issue a renewal license.

 --    Provide a personal identification number to an individual so that he or she could submit their renewal license online.

 

If the Governor issued or declared a state or emergency or state of disaster under the EMA, the MSP could provide a personal identification number to an individual during that emergency or disaster so that the individual could submit his or her renewal license online.

 

MCL 28.425b & 28.425l                                           Legislative Analyst:  Stephen Jackson

 

FISCAL IMPACT

 

The bill would have no fiscal impact on State or local government.

 

                                                                                       Fiscal Analyst:  Bruce Baker

 

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.