Michigan Concealed Carry Reforms Ready For Governor
Both houses of the Michigan legislature have passed their signature gun reform legislation. The bills will be sent to Governor Snyder again. In January, the Governor vetoed nearly identical bills over minor parts that had been trumpeted in the media as significant. The legislature took out the minor parts of the bill that the media had objected to, and quickly passed the nearly identical legislation by large, vet-proof margins. The bills make a large number of small changes to the administration of the concealed carry law, effectively making the law uniform state wide, and doing away with the 1920s era county gun boards. The bill is 85 pages in pdf format.
SB 35 votes: Senate 28-9 House 81-29
SB 34 votes: Senate 28-9 House 76-34, back to the Senate to confirm minor amendments, Senate confirmed, 28-9
Both bills have been “enrolled” as of 26 February. That means that both bills have identical versions agreed to by both houses, and are ready to be sent to Governor Snyder. Here are a few of the changes that seemed more consequential:
- No charge for second set of fingerprints if required by the state.
- If no permit or disqualification in 45 days, receipt acts as permit.
- Plastic, not paper used for the permit material
- Notification of expiration 3-6 months before expiration
- Allow online application of renewal
- Active duty military and reserves to be able to apply for renewal by mail if on duty outside the state.
- Expiration date of permit extended if renewal made in time.
- Range time for renewal reqirement met with certification on renewal form that applicants have complied with 3 hours review of training, 1 hour range time, within 6 months of renewal.
- Record keeping by the State patrol of offenses committed by license holders.
The last is of interest to researchers, as it insures more complete coverage of information, all put in an easily read format.
From the legislative website, here is the Senate staff’s analysis of what the bill does:
Senate Bill 34 (S-1) would amend the handgun licensure law to do the following:
— Eliminate county concealed weapon licensing boards effective October 1, 2015, and require the boards to transfer all license applications and official documents to the county clerks.
— Reduce the timeline for processing an initial or renewal concealed pistol license (CPL) application.
— Revise procedures for applying for and obtaining a CPL.
— Require the Michigan Department of State Police (MSP) to verify, through the Law Enforcement Information Network and a national criminal background check, the requirements for an applicant to receive a CPL and report any statutory disqualification to the county clerk.
— Require each county to establish a concealed pistol licensing fund for administration of the law.
— Reduce the application and licensing fee for a CPL from $105 to $100, effective October 1, 2015, and revise requirements for the distribution of fee revenue.
— Revise the fingerprinting requirements for a CPL applicant, and require the entity providing fingerprint services to issue a receipt to an applicant.
— Provide that, if a CPL or notice of statutory disqualification were not issued within 45 days after the fingerprinting receipt was issued, the receipt would temporarily serve as a CPL.
— Delete a requirement that a licensing board deny a CPL to an applicant who was not qualified under the law to receive a license, and instead require the county clerk to send a notice of statutory disqualification to an applicant who was not qualified.
— Revise provisions related to the appeal of a license denial.
— Delete provisions for the awarding of a temporary CPL.
— Provide for an emergency CPL for an applicant who had obtained a domestic violence or stalking personal protection order or if the county sheriff determined that the applicant or a household or family member was endangered by the applicant’s inability to immediately obtain a CPL.
— Revise procedures for the renewal of a CPL, including requiring an application and licensing fee of $115.
— Require the county clerk to notify a licensee before his or her CPL expired.
— Require the MSP to establish, by October 1, 2018, a system for submitting renewal applications online or by first class mail.
— Revise procedures and the basis for suspension or revocation of a CPL.
— Specify that a person could voluntarily surrender his or her CPL without explanation.
— Revise requirements for the pistol safety training course required for a CPL.
— Revise provisions prohibiting a CPL holder from carrying a concealed pistol or taser while he or she is under the influence of alcohol and/or a controlled substance.
— Require the Secretary of State to make a digitized photograph from a driver license or personal ID card available for use on the CPL, and require a CPL to be constructed of plastic laminated paper or hard plastic.
— Revise information that must be included in a database maintained, and an annual report to the Legislature submitted, by the MSP.
The bill also would repeal sections of the law that do the following:
— Require a prosecuting attorney to notify the appropriate licensing board of a criminal charge against, or conviction of, a CPL holder.
— Allow a licensing board to issue a license for the use of gas ejecting devices to protect premises, vehicles, people, and property from criminal assaults.
Section 5x of the bill, which would require each county to establish a concealed pistol licensing fund, would take effect on April 1, 2015. The rest of the bill would take effect on October 1, 2015.
Senate Bill 35 would amend the Code of Criminal Procedure to revise citations to provisions of the handgun licensure law, reflecting changes proposed by Senate Bill 34 (S-1).
The bill would take effect on October 1, 2015, and is tie-barred to Senate Bill 34.
It will be interesting to see what Governor Snyder does about this version of the bill. It passed with large, veto proof majorities in both houses. Governor Snyder has vetoed gun reform legislationin 2012 as well as the previous version of this bill in January.
©2015 by Dean Weingarten: Permission to share is granted when this notice is included. Link to Gun Watch