House Bills 4350 and 4352 (1-4-01) would amend the amend would Page 1 of 17 Pages Page would amend the title ofthe handgun would amend Outdoor Recreation and Forestry Michigan Penal Code to delete current restrictions theregarding transportation of The bill firearms. instead, specify, would that a pistol could be inside a vehicle’s transported in a container or wrapper in the or, if a trunk, trunk didn’t have the vehicle House Bill 4530 would take compartment. passenger effect on July 1, 2001; and House Bill 4532 would take effect on April 1, 2001. House Bill 4530 licensure act to specify that certain conduct against conduct certain that specify to act licensure weapon concealed for or receiving applying individuals licenses would for be prohibited, to provide a $1 of State Police, appropriation to the Department million and to prescribe conditions for that appropriation. In the other provisions, bill would addition, among concealed replace current provisions concerning that would: provisions licenses with weapons THE CONTENT OF THE BILLS: OF THE CONTENT Currently, are weapons concealed licenses to carry boards." "gun An one of 83 separate county issued by applicant has the burden of that he establishing or she has a special need for such a license. House Bill 4530 28.421 the licensure act (MCL handgun amend would the ruleset al.) to change which and procedures by for licenses and receive apply to citizens may carry Houseconcealed weapons. Bill 4532 House Bill 4530 as enrolled House Bill 381 of Act 2000 Public Sponsor: Rep. Michael Green as enrolled (vetoed) House Bill 4532 Vear Steve Rep. Sponsor: and Conservation Committee: House Hunting, Fishing Senate Committee: Third Analysis (1-04-01) transport iffirearms for a but only certain purposes, a place of from and to license, hunting a has person the place ofrepair, from purchase, or from one place of suggested been has to another. It a home, or business, to allow that the law be changed people to carry in their vehicles. unloaded guns Background ) Many people believe that each ofthese people believe Many ) Analysis available @ http://www.michiganlegislature.org Information. boards should be required standards gun to use uniform has legislation CCW licenses. In response, for granting specificbeen introduced to require that criteria be used granted. a CCW license should be whether determine to on CCW licensing The legislation intended to boards is state. However, standards across the uniform provide since it is anticipated that the effect it would have of of CCW the number increasing issued in the permits that such proposals should people maintain state, some “gun- provide that would legislation be "balanced"by free” zones would be prohibited, where guns and that would require license firearm applicants to complete gun courses. In education addition,safety some that current restrictions under the maintain owners is the transportation of firearms Penal Code regarding person may a code under the confusing. For example, Many citizens view as citizens unfair view Many current laws which grant for reviewing the entire authority boards" "gun county (CCW). weapons concealed applications for carrying They a person who must cite the fact that not only applies for a license establish that he or she is qualified, there that ofestablishing burden he or she also has the is a special need for such a license. Also, it is boards gun county have some that, while maintained thousandsliberal policies grant and of licenses each other year, boards in their restrictive are extremely licensespoliciesto and grant only certain citizens, such as elected officials police officers. or former CCW there are 83 separate county Under current law, boards.licensing Each board has three members, representing the sheriff, prosecutor, and state police. (For see details on current requirements, THE APPARENT PROBLEM: THE APPARENT LICENSES WEAPON CONCEALED House Bills 4350 and 4352 (1-4-01) . The bill Page 2 of 17 Pages Page would repeal and replace currentwould repeal and provisions regard Under House Bill boards. licensing concealed weapon a concealed have continue to would 4530, each county licensing boardweapon over authority exclusive with or denying suspending, to licenses revoking, issuing, a concealed pistolto residents carry of that county. The the followingboards continue to have would persons or their designees the county as members: sheriff, the county and the attorney, prosecuting director of Police. However, State of the Department if decided not to the county prosecuting attorney appoint as a the board would a member, become a personreplacement who was a certified firearms instructor for the balance of attorney’s the prosecuting in office. attorney prosecuting Also, ifterm the county or she would stillhe be then member, chose not to be a notified of all applications the board; and by received or and present evidence object to an opportunity given on an applicant’s suitability. bearing actual knowledge occur on the board, the replacement, vacancy a Should board of the county commissioners, appointed by a certified to be instructor. have also firearms would license the concealed weapon review The boards would or whether applications residents, determine of county not to issue a license, and perform other duties as convene In addition, the board could law. by required not than three panels to assist in evaluating more applicants. The prosecuting or his or her attorney as act would thedesignee board’s chairperson, unless case the in which he or she chose not to be a member, elect its chairperson.board would The clerk county servewould as of members the clerk the board. Two would constitute the business of however, a quorum; of vote all a majority be conducted by would the board of its members. The boards would be an to investigate allowed his contacting possible, or applicant, where including, that the provided her local police department, to was an applicant’s restricted only investigation would end after and the investigation that eligibility, made. was The boards could also determination thecontact references by provided applicant. The boards could also applicant to appear beforerequire the for upon time agreed a the board at a mutually conference. The applicant’s failure or refusal to appear for such a conference, without good reason, be would forgrounds denial of a license. is denied and to create a process by which an applicant which an a processto create by and denied is denial." appeal that may Boards Weapon Licensing Concealed County hool, . The legislation states. The legislation that: "It is the Analysis available @ http://www.michiganlegislature.org theater, sports arena, library, or hospital. theater, sports arena, library, the notify attorney • Require that the prosecuting board that had issued licensing concealed weapon the license if a license was holder charged with having offense. or other criminal felony a violent committed Intent Legislative • a concealed have weapon county Require that each or issuing over authority board with exclusive licensing licenses. denying • ofRequire State Police provide that the Department at no cost -- to county -- kits license application sheriffs, and county agencies, enforcement law local to licence applicants. forclerks disbursement issue board licensing • that each handgun Require a of age, U.S. citizen, is 21 years a is person license ifa a pistol safety training course, has has completed never ofbeen convicted a been certain has never crimes, but illness or found guilty to mental due committed ill of other specific a crime, and meets mentally requirements. • Require fingerprinting asof part the license application process. • an Permit applicant to appeal a denial or restriction to the circuit court for the judicial district in which the applicant lived. of State Police• Require that the Department create of track data base to keep a computerized and maintain applicants. • ifRequire that a license a licensee be revoked is intoxication, requirelegal with license charged involving misdemeanors suspension for other feloniesfor or other criminal violent intoxication, and offenses. concealed a carrying from licensee a Prohibit • in certain public places,weapon such as a sc intent of the to create a standardized system legislature for issuing concealed pistol licenses to prevent obtaining from individuals other violent and criminals a concealed pistol, to allow law licenses to carry residents to obtain a licenseabiding a to carry concealed and pistol, and to prescribe the rights responsibilities obtained a of have who individuals a concealed pistol. It islicense to carry also the intent to know of an applicant the right to grant the legislature her application foror a concealed pistol his license why House Bills 4350 and 4352 (1-4-01) Page 3 of 17 Pages Page eceive a license, to the applicant’s and eceive the board would have to require the applicant to sign a to sign the applicant to require have would the board received had he or she that indicating statement written be not would An individual of the compilation. copy a a license he until to receive eligible orshe had signed the statement. haveThe application would under oath signed to be name, include the following: legal the applicant's and birth date, and the address of his or her primary residence, indicating and, if appropriate, a statement that the or townshipapplicant resides village, in a city, would testimony Certain that has a police department. to be such as the application, have included with the following: indicating statements the criteria for• a license that the applicant met to a concealed pistol, carry illness of mental history a has applicant the whether • that would disqualify a receiving or her from him license illness" be defined ("mental would under the a substantial disorderbill to mean of or mood thought that significantly behavior, judgment, impaired capacity to cope with the ordinary or ability reality, to recognize of life, demands but not be and which include -- would clinical depression), to -- limited in thishas state convicted been applicant the whether • for or misdemeanor. or elsewhere felony • the applicant had been dishonorably whether Forces, the U.S. Armed from discharged • whether the applicant license, sought a temporary issuancepending of license, a regular and the facts license, issuance ofsupporting the temporary • the residential addresses, and telephone names, of references, two numbers of photograph the applicant, • a passport-quality board licensing • that the concealed weapon would have access to the applicant’s record relating to any r to eligibility records that relate to his ormedical her statements applicant the illness.However, of mental about history could request that these records or be information the board in by the which a closed session reviewed the applicant and his or her have representative would these regarding to received right attend. Information be would confidentialrecords or information and could forthe purposes except person not be disclosed to any whether to issueof determining a concealed weapon license to the applicant. , order of mandamus An individual who An individual . In order to receive . In order to receive a license to carry a concealed pistol, an individual pistol, a concealed an individual would to have to carry by provided an application form obtain and complete of State Police. County Department ofthe the director sheriffs, enforcement local law and county agencies, an be required to provide application kit would clerks to wanted who business hours to anyone normal during concealed pistol. a The kit carry forto a license apply fingerprint cards, form, contain an application would the procedures regarding and written information a license, including where the in obtaining involved to individual training the necessary could receive forqualify such to appeal a license, right the applicant's the denial of required for a license, and the form denied was who an an appeal. An individual making application an and obtained kit Analysis available @ http://www.michiganlegislature.org Record Purchase Requirements. Record Purchase received a license to carry a concealed pistol under the received a license to carry a licenseto also not be required bill would to get a pistol. or transport Ifcarry, purchase, a person with a licenseto have purchased a pistol, the seller would the sales by in triplicate as record a provided complete state police, including the concealed individual’s The seller would retain one license number. weapon to the of a copy purchaser copy provide the record, and forward to the the original state 10 days police within of the purchase. The state police able to would be this. The triplicate rules to implement promulgate to not apply would record purchase requirements or thosewholesalers A person antiques. purchasing on a sales record falsestatement materially a who made of punishable by a felony be guilty would for imprisonment up a fine to four of years, up to $2,500, or both. Kits Application License directing the licensing board to provide him or her with him board to provide directing the licensing actual and reasonable costs, be awarded would the kit, fees, for the order.plus attorney obtaining The be required to board would licensing weapon concealed ofretain a each application as an officialcopy record. a concealed weapon licensing by Information received be considered confidentialnot and could would board be disclosed except for the purposes of the act. The applicant would be able to indicate on the application form license whether he or she needed a temporary while waiting for license to be issued. the regular The application to filethe completed applicant would have business hours. normal during the county clerk with board The licensing each would provide to have ofapplicant with a copy of the state’s a compilation Service the Legislative lawsfirearms created by to the be provided would Bureau. The compilation and the application was submitted time the applicant at House Bills 4350 and 4352 (1-4-01) Page 4 of 17 Pages Page • be at least 21 years old; 21 years • be at least of• be a citizen the United States or a resident legal a resident ofalien, and who Michigan has resided in waive could board (the the state formonths at least six for a temporary requirement residency the six-month license if it determined there was probable cause to of the of the safety believe or a member the applicant able to being not by endangered was applicant’s family obtain a license immediately); completed • have a pistol course or training safety class requirements; that the bill’s training safety meets disposition or order LEIN a of subject the • be not entered as the result of his or her involuntary the under hospitalization treatment or alternative Mental Health Code or legal under the incapacity ProbateRevised Code; or due to the existence of an or violence order forinjunction or restraining domestic under the provisions Judicaturestalking of the Revised crime been declared Act;of or fornot any having guilty by been released fromreason or having of insanity, incarceration subject to conditions or restrictions for or her the protectionplaced upon him of others, Procedure; under the Code of Criminal • not be prohibited under the Michigan Penal Code a firearm; having from in this state or felony ofa convicted been have • never of would include a violation a law (a felony elsewhere of punishable as a felony, or a violation law designated no and have one year), than for more imprisonment by pending; charges other felony from discharged • been dishonorably the not have Forces; U.S. Armed violation been convicted of• not have a misdemeanor for certain offenses immediately for years the eight a mean would prior to the application (“misdemeanor” of or ofviolation the a state penal law a local to a state penal ordinance substantially corresponding not that was law a felony, of an order, or a violation punishable that was rule, or regulation of a state agency or imprisonment aby finefine, not a civil or that was both; and “offenses” would driving, include a drunk second or second offense, driving, reckless violation; subsequent a suspended or offense; with driving or and license; hindering obstructing a weights revoked officer;obstructing, enforcement hindering, measures upon a director injury bodily assaulting, or committing under the Motor or other authorized representative Act;Fuels Quality possession of a controlled substance . Each county sheriff. Each county would Each applicant would pay the county a $55 fee the county pay Each applicant would when filing an of when application, method any paid by for fees, other county that plus an accepted by payment additional $5 assessment for deposit Concealed in the Weapon Fund established the bill. The bill under local that neither a specify would unit of government additional amount could charge any nor a state agency thisin connection with fee, other than a fee for the between divided be The feefingerprinting. would and the to the county go $10 would statecounty -- general treasurer to be deposited in the county’s fund and the balance clerk would and credited to the county be forwarded to the state treasurer for into the deposit fundstate general of to the credit ofDepartment the to report be required would Each county State Police. these provisions its cost, per applicant, in implementing October 1 of by to the House and Senate fiscal agencies each year. Fees for to the be $35, payable a would license renewal for deposit in the generalcounty fund of the county. who wasAn licensed individual a concealed to carry pistol as of for be eligible would 1, 2001 , July a license renewal at the prescribed fee. This provision of regardless whether the license issued apply would restricted. For an individual before 1, 2001, was July 1, 2001, license on July nonrestricted a general holding who was a peace officer, or former peace officer, the specified education under safety requirements firearm the applicant However, the bill would be waived. that to present a certifying would have signed statement at least three hours of review had completed she he or of the his or her since receiving prescribed training license, in the six months time firing range including an For application. the renewal preceding immediately licensed before was who individual 1, 2001, and July for a license applying was who for renewal the first not would the educational requirements be time, waived. for License Requirements Analysis available @ http://www.michiganlegislature.org Finally, Finally, thecontain a to also have application would that an executed warning conspicuous was application a material and that intentionallyunder oath, making onfalse statement the would be a felony application a fine of for4 years, up to imprisonment punishable by up to $2,500, or both. Fees. be required to verify an applicant’s eligibility forbe required to verify a license on behalf of licensing the concealed weapon Enforcement the Law board, using Information the met that an applicant to verify (LEIN) Network a eligible In order to be to receive requirements. to: have would individual an license concealed weapon House Bills 4350 and 4352 (1-4-01) Page 5 of 17 Pages Page As part of the application process, the • have successfully completed a pistol safety training a pistol safety completed successfully • have course or class, as bill (see under the below); provided that determine to have would board the addition, In the applicant would not threaten issuing a license to the bill The person. other any or applicant the of safety under this provision a determination that specify would of evidence clear and convincing upon based be would infractions, civil personal protection orders or crimes, injunctions, and or police reports or other clear of actions the of, of, evidence or statements convincing the applicant that on the applicant’s ability bear directly of a court order Upon entry pistol. concealed a to carry or conviction of for prohibitions one of the enumerated selling, carrying, transporting, purchasing, using, receiving the shipping, a firearm, or distributing ofPolice would State Department be required to enterinto the the order or conviction immediately For the purposes of ofLEIN. the bill, information the court order from be removed not or would conviction the to a separate fileLEIN, but could be moved intended for concealed weapon the use of county licensing government boards, the courts, and other to determine entities, and exclusively as necessary license eligibility. Fingerprinting. applicant would be required to have two be required to have applicant would sets of sherifcould charge The local county fingerprints taken. a fee of up to $15 for the reasonable and actual costs of them to take have the fingerprints, and would taking business afterwithin three the applicant’s days request to be fingerprinted. One set of taken be prints would supplied be in on forms and would the application kit, sent of State Police to the Department (DSP). The the FBI by supplied on forms be taken other set would police to the state be forwardedand would immediately by designated forthe FBI, forwarding or to an entity to the by them. Both sets of be compared prints would the print with ofeach agency, appropriate subdivision The FBI would then each agency. records by retained send a report of its comparisons of to the Department the FBI’s ofState Police. receiving days Within 10 copies send to required be would report the department to theof the results of comparisons both fingerprint sheriff the fingerprintscounty that took and to the where board for county licensing concealed weapon the resides. was Ifapplicant the the fingerprint comparison the board the board by not received within 30 days, be requiredwould to issue the applicant a temporary license. license would In such cases, the temporary expire or as soon as the fingerprint after 180 days, report was received. Analysis available @ http://www.michiganlegislature.org or controlled substance analogue; displaying sexually or controlled displaying substance analogue; assault; assault domestic or to minors; explicit materials assault; assault or aggravated domestic aggravated fourthabuse; child degree accosting, or enticing, purposes; vulnerable for a child soliciting immoral a felony; adult abuse; solicitation to commit an officer; sale illegal impersonating of or a firearm illegal sale of a self-defenseammunition; sale or spray; of transportation possession of improper a switchblade; failure a pistolaccepting inspected; to have firearm; a a pistol in pawn; failure purchase the of to register a obtaining improperly component; or a firearm firearm to on an application a false statement pistol, making a purchase, false or using identification to purchase a malice; without a firearm aiming pistol; intentionally without aimed discharging a firearm intentionally on prohibited premises; a firearm possessing malice; in public; possession of a a firearmbrandishing firearm a discharging intentionally individual; an underage by parent of injury; causing without malice aimed firearm free in a weapon school firearm possessed who a minor possessing or other device; gun a spring zone; setting under the influence while ofa firearm intoxicating liquor or a drug; a freeweapon school zone violation; reckless, careless,stalking; or negligent use of a in resulting injury or death; reckless,firearm careless, use of a firearm or negligent resulting in property or a violation of reckless discharge a firearm; damage; of ofa law the United corresponding substantially States, another state, or a local unit of another state); other misdemeanor ofany convicted been • not have immediately in the state or elsewhere, in the three years the date ofpreceding application; ill, •of but mentally been found not have guilty, a offered and not crime, a plea of insanity; been subjectto an order of • never involuntary illness; due to mental commitment the illness at mental diagnosed a from suffer not • of regardless of whether applying, time he or she is a illness" ("mental would mean treatment receiving that substantial disorder of or mood thought to capacity behavior, judgment, impaired significantly to cope with the ordinary or ability reality, recognize to, clinical of life, but not limited demands including, care, or any depression; and mean would "treatment" including,therapeutic service, to, the but not limited for other service the and any ofa drug, administration illness); of a mental treatment in • not be under a court order of incapacity this legal other state; and, state or any House Bills 4350 and 4352 (1-4-01) Page 6 of 17 Pages Page An applicant would have to have An applicant would show that he or she had knowledgeshow in the or training safe of handling a pistol. In order to adequately a firearms and training, the required knowledge provide to have and instructor would be safety program this statecertified a national or state or firearms by instruction in at least and provide organization training the following areas: the safe of use and handling a of fundamentals and knowledge ammunition pistol; positions; firearms and pistol shooting pistol shooting; his or her driver license or Michigan personal or Michigan license driver his or her identification officer card to a police at the officer's officer'san request or with to comply request. Failure failureone's pistolconcealed license carry to would be a state civil infraction, subject to a fine of up to $100. that he or to reveal also have A license holder would person or the about concealed a pistol, she carrying was this provision violated who An individual vehicle. be responsiblewould for infraction, a state civil and a six-month could be fined up to $500 or receive license both, for suspension, or a first offense. For a could be up offense,second or subsequent penalty the In each case, the oflicense. to $1,000 and revocation court would be required the appropriate to notify and board licensing the stateconcealed weapon police. If was discovered an individual a concealed carrying be seized could a license, the weapon without weapon If had the individual a peace officerby immediately. no license to a concealed pistol, the weapon carry would be forfeited or to the state for carrying in violation a weapon possessing of law. state seized for pistol was holder whose a license However, failingshow to his or her license to a police officer the pistol to reclaim be able would by showing his or her of the law license to an authorized employee days 45 within the weapon holding agency enforcement of seizure. If was the not the weapon weapon's claimed within 45 could days, agency the law enforcement dispose if as the manner of in the same weapon the A had been unlicensed. owner pistol not be would subject to seizure if the licensee had his or her driver’s IDlicense or Michigan and the officer was able to had a license through that the individual verify the system. LEIN The bill would also specify that a pistol carried in of be subjectviolation the act would to seizure and forfeiture acquired in the that property same manner is subject of to a crime the commission during forfeiture Judicature under the Revised Act. This a state if was not apply the violation would provisions present to failed individual the unless infraction, civil period. the 45-day his or her license within Training. Safety Firearm A license holder would A temporary license would be license would A temporary . Subject receipt of to the the fingerprinting issued in a form provided by the state police. An issued provided by in a form license under two a temporary applicant could be given circumstances: the issuance• pending of a full license, if the licensing probable that there was cause to board determined be would his or her family that the applicant or believe to obtain endangereda applicant’s the inability by The license would be unrestricted license immediately. the with and than 180 days, would forbe valid no more the license for to renew one opportunity additional than 180 days. The period ofapplicant would no more license to the be required to surrender the temporary board upon issuance or denial of the full license; • ifan applicant’s was not fingerprint comparison the board would the board within 30 days, by received be required license. to issue a temporary the applicant afterexpire would license In such cases, the temporary report was or as soon as the fingerprint 180 days, received. a Concealed Pistol. Carrying Analysis available @ http://www.michiganlegislature.org be required to have the license in his or her possession her or the license in his required to have be a concealed carrying he or she was actually anytime be requiredpistol and would the license and show to Licenses results, the concealed weapon licensing board would be board would results, licensing the concealed weapon issue a licenserequired to had who applicant to any and whose an application submitted properly application indicated that he or she to have was eligible 30 businessa license within afterdays proper of the application. A fullsubmission license would ofbirth, date the licensee’s fullto contain name, have and streeta physical and address; a photograph description of the licensee; and the effective dates of forthe license. Except under the restrictions provided a carry the bill, a license would authorize a licensee to pistol about his concealed or in her person anywhere a pistol whether in a vehicle, the state; and to carry the state. in anywhere concealed or not concealed, and could forvalid three years be A full license would license. as the original manner same the in be renewed A person a concealed who applied for a license to carry pistol for before the first July time 1, 2001, would (see safety below). training firearm to complete have carry licensed as ofcould was that date who person A a concealed pistollicense under that until it expired or a concealed to carry pistol authority the individual’s whichever terminated, under otherwise that license was for a could apply occurred first. The individual renewal. License. Temporary House Bills 4350 and 4352 (1-4-01) Page 7 of 17 Pages Page Under the bill, state and local units of government -- except for police -- units of government -- agencies for and could not prohibit a either applying person from a license or carrying a concealed weapon receiving license as a such with in compliance concealed weapon other any a condition or maintaining for receiving could an employer However, license or permit. a concealed pistol carrying from prohibit an employee A police employment. the course of her during his or carrying from could also prohibit an employee agency result in increasedwould soa concealed pistol if doing or a loss or reduction of insurance insurance premiums coverage. Further, a person (including another one licensed by a concealed weaponstate) could not carry on the premises of certain institutions. These would include a school, or school property (except in the case of a parent in a vehicle, off dropping a child); a public or or child care center, child caring day agency, private a sports a dining arena or stadium; agency; placing (except for an in licensed premises or lounge room, owned or or facility property any owner or employee); or temple, a church, synagogue, mosque, operated by other place of worship, unless a presiding allowed by that the personofficial; facility an entertainment of 2,500 capacity seating a has or should know, knows, each public or that has above entrance a sign or more, letters;a hospital; high in one-inch the capacity stating dormitory or university college, community a college, or classroom. pistol a license. under imprisonment for up to 93 days, or $100, or both. The or $100, or both. days, 93 forto up imprisonment court could order the to revoke board the licensing the board and for license individual’s three years, up to to comply. be required would • If he or the had a BAC ofperson .02 to .08 grams, infraction,civil and could state ofa she be guilty would than $100. The court wouldbe fined not more be required to board to order the appropriate licensing the license individual’s The court revoke for one year. would also the concealed be required to notify weapon issued the person’s license if board that licensing he or foundshe was responsible for violation. a subsequent a concealed pistol carrying The provisions against while intoxicated would not prohibit a licensee with his or her transporting alcohol content from bodily any or vehicle of his or her motor trunk locked pistol in the its ammunition in a unloaded and separated from compartmentor container if didn’t locked the vehicle a trunk. have concealed a carry Restriction on where a person could A license Analysis available @ http://www.michiganlegislature.org the law, issues; liability avoiding civil including confrontations; violent and controlling attack criminal lawsand Michigan’s regarding concealed a carrying at least eight include to have course would pistol. The hours of three hours of instruction with range firing a certificate and provide of completion. time training or instruction provided that A person or entity to damages for liability civil from immune be would was who the person caused by person or property any negligent. grossly were trained, unless the trainer Alcohol Restrictions on Holders. License holder would be prohibited from carrying a concealed carrying from holder would be prohibited he or shepistol while under the influence was of alcoholic liquor or a controlled substance, or a ofcombination both A peace officer who believed that this prohibition could violating a license holder was require the license to a chemical holder to submit The officer firstanalysis. would have the to inform to license holder that he or she could refuse to submit the test, but if he or she did refuse his or her license or suspended and/or the officercould be revoked could to a court order require get the license holder to submit to the test. The officer would the to inform also have license holder that if he he or she submitted, or she the test. If the perform could choose who would license holder refused to the test or if to submit the test and the results indicated a prohibited of level was made alcohol, the officer be required to promptly would the to writing in violation or refusal the report board licensing concealed weapon issued that the license. ofThe collection and testing blood, breath, or urine for be conducted in the would analysis same chemical as such are collected and tested formanner specimens driving and drug-related under the alcohol- violations Vehicle Code. Michigan found was to be in A license holder who violation of be subjectthese restrictions would to the following penalties: • If the licensee had a bodily alcohol content (BAC) of blood, per milliliters 100 per or greater of 10 grams 210 liters of of urine, he or breath, or per 67 milliliters punishable by of be guilty she would a misdemeanor, imprisonment a fine of than 93 days, for not more $100, or both. The court would also order the licensing board that license to had issued the individual’s the license. revoke permanently • If the licensee had a BAC of to .10, he .08 or she punishable bywould of a misdemeanor, be guilty House Bills 4350 and 4352 (1-4-01) . A license had that Page 8 of 17 Pages Page ponsible for three or more or three for ponsible been issued based on an application containingbeen issued based a date it the from void false be would statement material issued. was businessWithin five a person’s days after denying application for a concealed pistol license, a concealed be required to inform board would licensing weapon the applicant in ofwriting the reasons for the denial and of the applicant’s to appeal the board’s right ofdecision to the circuit court. The explanation the of statement to include a have board’s decision would any of copies and denial, the supporting facts the writings, photographs, records, or other documentary used to support the denial. evidence notifiedIf board was licensing the concealed weapon official or prosecuting agency a law enforcement by that a licensee had been charged or a felony with be required to misdemeanor, the board would suspend the individual’s pending license immediately the final disposition of theNotice of case. the to have suspension would last be sent to the licensee’s as address indicated known in the board’s records. The that he the licensee to inform or she have notice would was entitled to a prompt hearing on the suspension. Upon the licensee’s request, the board would written for provisions The same to hold such a hearing. have ifa hearing would apply the board suspended a license clear and convincing by because it had determined basedevidence, on specific articulable facts, that the applicant posed a danger to the applicant or to another person. A any concealed board could revoke weapon licensing license it issued was if that the individual it determined not eligible the license or that the to received have of violation the act, any committed license had holder a license revoked except that a person could not have forhis or her licenseshow to a peace officer. failing to that the license ifHowever, the board determined holder had been found res licensure act, infraction ofhandgun civil violations the the and be required to hold a hearing board would than license forcould suspend the individual’s no more with charged waslicensee the Except where one year. a felony or or in situations specified where the crime, that the applicant posed to a danger board determined the applicant or another person, in a order to revoke information provided by the courts for failure by to show provided information a licensea peace officer, to refusalto a to submit any having or test as under the bill, required chemical a concealed carrying while alcohol content bodily pistol. Denials, appeals and revocations If a license holder were charged with Ifa license holder were charged Analysis available @ http://www.michiganlegislature.org license holders. The bill wouldThe bill one prohibit a person (including a concealed carrying another state) from licensed by Rule Code ofviolation pistol in Administrative Bureau of to the pertaining R321.1212, State Lottery, to according theor a successor rule promulgated Control(MCL Act Gaming and Revenue Michigan violated who 432.201 et al.). A person this provision guilty for be responsible of violation, would a civil a as follows:crime a with violation • A first be a civil would violation possible fine of up to be $500. The court would license suspended forindividual’s required to order the six months. with a • be a misdemeanor, would A second violation fine of license revocation. up to $1,000 and would be a felony, • A third or subsequent violation a fine of imprisonment, to fourup years punishable by up to $5,000, or both, and license revocation. by Notification of committed and reporting crimes having committed a violent felony, felony, or specified felony, felony, a violent committed having offense, the prosecutingcriminal be would attorney notify the board that had licensing required to promptly issued the license holder’s license. The prosecuting the board notify to promptly also have would attorney of the disposition of If the charge. the license holder attorney the prosecuting ofwere convicted the crime, would be required to indicate to the board whether the brandishing had involved crime or use of a pistol, the the a pistol during license holder had been carrying or if of no pistol the crime, had been commission of the the license holder during commission carried by The state police would be required to the crime. for this information. a form reporting provide notifiedIf board was licensing the concealed weapon that with a felony a licensee had been charged or offense,would criminal the board specified suspend license until there the individual’s immediately a finalwas disposition of the send and would charge notice of the suspension to the person’s last known the that information provide The notice would address. on the hearing was entitled to a prompt individual suspension. The bill specify that the individual would notice of the hearing. would be entitled to 10 days the chair of the boardEach year to would be required of State to the Department report a provide and compile the director of the by a date determined Police by contain the information would report The department. and the reported by the attorneys prosecuting House Bills 4350 and 4352 (1-4-01) Page 9 of 17 Pages Page . The state police would be required to be required The state police would . . This information would be entered would . This information into file an annual report with the Secretary offile the Secretary the Senate an annual report with ofand the Clerk the House of Representatives. The to contain all of have the followingreport would concealed forinformation each county weapon board: licensing of licenses applications received, • The number and the issued, licenses denied, licenses revoked, of the oftime at the applications pending number report. • for The categories denials the and categories for revocation. the LIEN.) • If denied the applicant had been a license after the effective of date the bill, the reasons for that denial. had been a license An explanation of why denied would the data base if be deleted from the individual were later issued a license. of• A all statement criminal and pending charges the license the applicant during against convictions period. of of all determinations • A statement responsibility for infractions civil of licensure the handgun act or obtained againstpending the the applicant during course of the license period. Annual Report The Department of be required State Police would The Department to weapon concealed from use information licensing data a computerized applications to create and maintain of track who applied base to keep for licenses to carry concealed in the data base Information weapons. be confidentialwould not be subject and would to It ofprovisions. Act (FOIA) Information Freedom not be disclosed would to person except for any the purposes of the act or for law enforcement purposes. the following contain only The data base would about each applicant: information dates of • The names, of birth, addresses and county residence of all the applicable, and where applicants, concealed and its expiration license number, weapon date. (Note actual attorney fees foractual attorney the appeal. However, if the courtan applicant’s that was appeal determined frivolous, it would be to order the applicant required to actual costs the attorney and actual pay fees of the to the appeal. board in responding annual report. and license data bank Concealed weapon (from the beginning -- -- of the beginning (from the pon licensing board ordered a ordered board pon licensing de novo Analysis available @ http://www.michiganlegislature.org license the board issue to have would a written an the license holder complaint and provide for beforeopportunity a hearing board. the The board least ten at the individual required to give be would to have Notice would notice prior to the hearing. days delivered certified mail or by to personally be served address. The last known the individual’s clerk of the an oath to be authorized to administer board would anyone whotestified beforein such the board a hearing. If a concealed wea a suspension amended or revoked, license suspended or to have immediately then it would order, revocation or with jurisdiction law enforcement a notify in agency order, into that county to enter the order, or amended have would agency and the law enforcement the LIEN, The bill would also specify that a to comply. suspension order or amended order or revocation would issued under this provision be effective an individual However, not be would immediately. the order unless he or she forviolating liable criminally pistol in a notice. If carried had received an individual of order or violation or revocation a suspension notice received not previously had but order, amended to be informed have ofhe or she would the order, then store to properly an opportunity given and oforder the the order or with comply the pistol, or otherwise for the arrest could be made beforean order, amended enforcement A law violation. who officer or agency received who had not previously individual notifiedan notice of a suspension order, or amended or revocation into the be required to enter a statement order, would been notified.had individual that the specifying LIEN to deny An applicant could appeal the board’s decision or fail to issue a license the circuit court for to the resides.she Anjudicialor appeal of district where he a denial, failure to issue a license, or issuance of a of a review restricted by license would be determined appeal on an a hearing forerror. However, record the be a trial would application and qualifications,ifthe not ofprocess) the decision was board’s licensing based on the grounds that issuing a license would of threaten the safety the be would Witnesses person. another or applicant to be taken. have record would and a verbatim sworn board’s licensing that the If the court determined or fail to issuedecision to deny a license or restricted be required to license erroneous, it would order was the board to issuelicensing If one. the court determined that the board’s denial of and license a was arbitrary to order be required capricious, it would the state to pay the board wasone-third, in which and the county oflocated two-thirds the applicant’s actual costs and House Bills 4350 and 4352 (1-4-01) . Currently, Page 10 of 17 Pages Page Under of State Police the bill, the Department would fundfor the 2000- general the from $1 million receive for2001 fiscal all of year, the following: safety or other firearm locks • trigger Distributing to the public, freedevices of charge. to county kits application pistol concealed • Providing sheriffs, for clerks local and county police agencies, under the bill. distribution, as provided • reports, and and comparison The fingerprint analysis required under the bill. the photographs the state database police of and maintaining • Creating license applications, and the database of firearms reported lost or stolen, iswhich required under the bill. to available in the database would be Information made the LEIN. through law enforcement licensing• concealed weapon Grants to county forboards, to expenditures required under be used only the bill. regarding personnel enforcement law training For • concealed pistol licensees. • For to report forms and distributing creating a by committed a crime regarding information licensee, asconcealed weapon required under the bill. • For a public the regarding campaign safety of the bill. requirements Requirements of Licensing Inapplicability it is specified under and the act that current licensing inspection provisions safety to certain do not apply marine entities,navy, such as the army, police agencies, and others. The national guard, force, the air corps, or to include a member would extend this exemption bill of one of these entities or organizations who was engaged in the course of that his or her duties with from, to, or returning or while going entity, those duties. The bill would also that these clarify to U.S. citizens, only U.S. forces, apply exemptions and to residents of other states who are licensed by pistols. The bill would concealed those states to carry a licenseforobtaining that current requirements clarify to persons such pistol do not apply concealed a to carry as peace officer, constable, and certain corrections would and would replace archaic language; employees; of to the provisions to other provisions comport amend House Bill 4532. . The bill . The fund would specify that, according to Section 30 ofArticle 30 Section to would specify that, according state Constitution total State ofIX of 1963, the the forspending the following activities for the fiscal year The $1 million. be 30, 2001, would September ending bill would also specify that the appropriations made of this provision and the expenditures authorized under commissions, agencies, the bill, and the department, forboards, offices, an which and programs be would under this provision, made was appropriation ofsubject and to the provisions the Management 18.1101 to 18.1594). Act (MCL Budget Analysis available @ http://www.michiganlegislature.org would be established in the state treasury, and used would treasury, be established in the state by to training the to provide law state police only and the rights personnel regarding enforcement responsibilities of licensed to individuals carry techniques in and proper enforcement concealed pistols oflight those and responsibilities. rights Appropriations for State Police Activities • The mean and median amount of time and the of time amount and median • The mean FBI to supply the by taken and shortest times longest report (this could be the fingerprint comparison derived significant a statistically sample). from of• The number charges of infractions state civil of by categorized violations, the ofact or charges criminal resulted that offense, filed individuals licensed against conviction, criminal in a finding of a or responsibility of the number including of crimes each category in or the brandishing use offenseof a involving criminal of a pistol the carrying involving pistol, and the number in which noand the number pistol the carried by was of the crime. the commission license holder during and the charges, of• The number criminal pending of by cases categorized criminal dismissed, number offense, licensed individuals. against of cases• The number filed against licensed forindividuals that resulted violations criminal in a by categorized finding of not responsible or not guilty, offense. persons licensed to carry of suicides by • The number a concealed pistol. in each county. • The costs incurred per permit infractions civil licensees’ concerning For information data include the report would that charges, and criminal the attorney the state is required to provide general police, under the bill. Fund Concealed Weapon Enforcement House Bills 4350 and 4352 (1-4-01) Under Michigan’s Page 11 of 17 Pages Page current system, each of the 83 county concealed of each the 83 county current system, up of the county boards is made weapon licensing sheriff, the county and the attorney, prosecuting of State Police,director of the Department or their or attorney representatives. The prosecuting authorized chairperson ofthe the board. is his or her representative The at least once per month board is required to meet chair. These boards ofthe at the call and at other times the exclusivehave an applicant a to grant authority a concealed pistol on their personlicense to carry state law. by within the rules provided a a license or permit to carry In order to receive (CCW license orconcealed weapon permit) a person an application to the fill county out and submit must sheriff for resides. The the applicant where the county about the information require general application forms indicate hisapplicant and the applicant or her must the reasons for a CCW permit and sign needing upon the application under oath. Depending where applicant resides, must application form the completed be the applicant’s local chiefapproved by of police or if cases, the application suchtownship supervisor. In to appeal the the applicant has ten days approved not is board. to the licensing objection in writing sets of In addition, the applicant must two have the local sheriff; by police fingerprints taken or county the state one set by ispolice checked while the other is sent to the FBI. existing Both sets against are checked The records and reports are clerk. sent to the county board a license unless it is issuing prohibited from the state FBI police and the a report from receives of that the comparisons the fingerprintsindicating do of convicted or that the applicant was not show preceding years confined the eight for during a felony for permit a period of not the application. A temporary forthe waiting be issuedwhile may than 30 days more comparison reports. of State Police The Department retains the fingerprint cards. Upon the application and the fingerprint receiving reports, the board notifies and the applicant of the time at which the applicant is to board’s meeting ofthe date appear. the the board reviews At the meeting, application and the fingerprint report, and interviews applicant. Afterthe the applicant’s qualificationsare the board isreviewed completed, and the interview on the request. is required forvotes A majority Restrictionsapproval. necessary as the board deems be placedmay upon the license. There are generally of licenses:three types and hunting target, range, BACKGROUND INFORMATION: BACKGROUND Boards. CCW Licensing County . Current provisions concerning provisions Current . would amend the Michigan Penal the Michigan amend would . House repeal current Bill 4530 would the forfeiture of specify firearms be turned that they of state the police to the commissioner over for disposal. instead, specify, The bill would that – subject to its forfeiture or weapons, – all pistols, provisions forfeitedthat were devices be turned over to would the ofdirector would State Police, who of the Department one of methods: the following by dispose of them be would they auction where a public • conducting By with provisions ofsold the Revised in compliance Judicature Act. them. destroying • By other lawful manner prescribed any • By the by director. have would director the ofBeforedisposing a firearm, to do both of the following: the LEIN whether the firearm through ** Determine had been reported lost or stolen, case the in which to return it to its owner. attempt director would to the public on notice 30 days’ ** Provide the intent to dispose of her or site ofhis web department’s a descriptionit, including and its serial of the firearm number. to 30 days then have would The owner it provided thatreclaim he she or is authorized to firearm. a possess The bill would of State specify that the Department for disposing of liability civil a from Police is immune with these provisions. in compliance firearm Repealers Analysis available @ http://www.michiganlegislature.org Forfeiture ofFirearms Code (MCL 750.231a) to delete current Code (MCL restrictions the transportationregarding of The bill firearms. unloaded an carry person could that any specify would unloaded, that it was provided antique firearm pistol or in a wrapper or of container, in the trunk a vehicle, or -- in -- trunk a if didn’t have the the vehicle passenger or otherwise that was in a location locked compartment inaccessible occupants. to the vehicle’s provisions concerning concealed weapons licenseweapons fees, concealed provisions concerning concealed boards, licensing forfeiture weapon of of fees renewal and the waiver under the firearms, licensure act forhandgun retired police officers. House Bill 4532 House Bills 4350 and 4352 (1-4-01) Page 12 of 17 Pages Page In 1994, the legislature enacted In 1994, the legislature According to the House According Fiscal Agency, the bill would result in an indeterminate bill would The revenues. and costs state in increase to the ofalsoDepartment appropriate $1 million State (DSP). Police would incur The HFA that the department estimates costs to enforce specifiedthe regulations under the bill. be incurred as $122,000 in costs would Approximately follows: computerized *$60,000 to upgrade the department’s store CCW license application and database to process records, and laws of up to 93 days’ a penalty to provide for offenses.certain low level imprisonment The enhanced penalties were adopted, in part, because the fingerprinting statutory would trigger penalty 93-day is When a person requirements. reporting criminal and 92 arrested for exceeding a penalty an offense carrying he days, or she are and the fingerprints is fingerprinted Recordssent to the Criminal ofDivision the and the Federal Bureau of Police ofState Department Investigation. of As state a result, law a number penalties of up to 93 misdemeanor provide violations embezzlement, larceny, including imprisonment, days and malicious property, stolen and concealing receiving less worth property destruction involving of property assault; firstthan $200; domestic offenses of drunk a suspended license; with and/or driving driving and allowed retail fraud. have third degree These changes offor prior offenses tracking better the offenderswhen In addition, since local are prosecuted under state law. often adopt ordinancesunits of government based on state statutes, the legislature enacted Public Acts 55-59 enabling local various government of 1999, amending statutes to forallow penalties up to 93 of imprisonment The penalties be incurred for will of days. a violation corresponds to a an ordinance that substantially ofviolation state for law that is which a misdemeanor is 93 days. of period imprisonment the maximum FISCAL IMPLICATIONS: House Bill 4530. reasons for the granting ceased to existlicense have or that the license a concealed holder is unfit to carry a written without be revoked not pistol. A licensemay least the board with at seven by hearing and complaint days’ personal or service to the licensee notice by address. to his or her last known mail registered Penal Code. Michigan Analysis available @ http://www.michiganlegislature.org permits allowing the licensee to carry licensee the to carry a pistol allowing to and permits bank, and permits business sites; home, shooting from the course a pistol during carry to licensee the allowing allowing permits a carry and general of employment; a pistol withoutlicensee to carry restrictions or with restrictions. limited only board is prohibited a license A licensing issuing from of United 18, is not a age the under is who: to anyone States citizen, has or resided in the state for less than been cannot have In addition, the applicant six months. of in convicted a felony Michigan or elsewhere during or be subjectthe years, to an order eight preceding or of for the any disposition system entered into the LEIN following: under the Mental Health • involuntary commitment Code, • a under the Revised finding of incapacity legal Probate Code, or violence anti-stalking• a domestic restraining order, • a condition of ownership, bail that prohibits handgun or reason of insanity. by • a finding of not guilty findIn addition, the that the applicant has board must or person her or his to injury fear to reason good property, reasons for or has other proper a having and is a concealed weapon, a suitable license to carry such a license. person to have The current fee is paid only fora license is $10, which if the license to the state Three dollarsis go approved. dollars go the other seven treasurer, while to the for fund. is valid A license general county’s three filing a new application and can be renewed by years the $10 fee. a license, Afterand paying receiving the licensee is on his his or her license required or to carry her person while and carrying a concealed weapon police officer show the license to a must at the officer’s request. The license itself contains identifying print of the a thumb information, including licensee and a list of restrictions. A pistol carried in any carrying is subjectact to seizure and forfeiture. ofthe violation the board upon be by revoked A license may that the license holder notification a magistrate from of provision the any ofhas been convicted violating of The board license, or has been convicted a felony. that the a license when it determines may also revoke House Bills 4350 and 4352 (1-4-01) ill is a vast on, while the on, while Page 13 of 17 Pages Page For: of selfOne of the best means protection a is to own and on gun, a gun is to carry an better means even can be used to one’s person. in the home While a gun deter, scare off, or kill wound or, if necessary, intruders, it is of little help when a fromperson is away people are forced Without a CCW permit, to home. put home. leave they whenever at risk themselves honest citizens to guns carry more In addition, allowing but also are armed those citizens who benefits not only serves to choose not to a protect those who carry gun. studies, confrontations with to some According are has where the a gun criminals victim would-be to end with would-be attacker fleeing than likely more fired. Further, those who shots being resistwith weapon licenses. Under the current system, approval current system, Under the weapon licenses. who of can oftenon application for an depend a permit board rather gun on the know you than on objective supporters of bill the Many grounds. assert in that people the applications of counties deserving some been rejected forhave reas no good applications of former police officers or and judges of board the gun the members close ties to others with In addition, applicants granted. are routinely are should they that ofshowing burden required to bear the people whose a license and most be granted applications the told why are denied are never an given not approved, nor are they application was to contestopportunity This the board’s decision. process is entirely other licensing different any from process. to place the It should be changed burden on rather than the citizen and to create a the government and therefore uniform, more fair, basis for more a license. should be granted who deciding The bill will citizen has Michigan assure the that every to obtain a equal, fair, opportunity and same impartial before know citizens would Law-abiding CCW permit. needed to meet in order to what criteria they applying a license. Ifreceive the license was denied, a citizen denied and it was why would to know have the right could appeal the denial and have a court hear and been have should application or not the decide whether approved. all other licenses, the government As with that its denial ofthe burden of the proving have would b reason. The valid a for was license the current process, a over creating improvement the throughout that is objective uniform and system the burdenstate, placing of proof on the government, to be met, criteria the about citizens fair warning giving to appeal process and a right citizens due and allowing the decision of the board. 2001 fiscal year. The purposes 2001 fiscal year. The HFA that House estimates Bill 4530 is needed to eliminate the current the eliminate to 4530 is needed 4532 would have no significant have 4532 would on the fiscal impact state. (12-21-00) House Bill ofarbitrary and issuing concealed capricious system Analysis available @ http://www.michiganlegislature.org ARGUMENTS: For: *Operating costs for*Operating the database: annually $50,000 for one and $12,000 additional FTE position, in annual costs. maintenance in revenue receive would probably The department excess of costs for applicants, as fingerprinting follows: *Based on the experience of other states that have adopted "shall-issue" in recent years legislation Texas, and Utah),(Kentucky, the HFA that estimates be 25,000 to 100,000 there would applicants for CCW to have would Each applicant the firstin licenses year. to boards fordelivery gun to county fingerprints submit the FBI and the state checks. police for background would receivefee the $55 $45 from The department the that estimates HFA The each applicant. by paid cost of each set processing of fingerprints would be $39 ($15 for and $24 for the state check the federal fingerprinting from revenues check). Consequently, be between $1,125,000 and applicants would $975,000 between range $4,500,000, and costs would and $3,900,000. In addition to the $55 application fee, applicant each this would from Revenue also a $5 assessment. pay Concealed be deposited in the new Weapon would Fund and used to provide training forEnforcement law proper enforcement enforcement personnel regarding oftechniques in light the rights and responsibilities of 25,000 to CCW licensees. Based on the estimated applicants, this should generate 100,000 first-year $125,000 and $500,000 in the firstbetween year. House 4530 would Bill to also appropriate $1 million the 2000- for DSP the specified for this appropriation include the distribution of costs processing the various locks, of trigger license applications, the creation of concealed weapon databases to grants related to concealed weapons, boards for licensing concealed weapon county costs, costs, training the creation and implementation a and act, the under required forms of distribution (12-20-00) campaign. public safety House Bill 4532. House Bills 4350 and 4352 (1-4-01) Page 14 of 17 Pages Page : Against: The provisions the of from House Bill 4530 stem should be able citizen abiding law that any philosophy to according However, a concealed weapon. to carry and presented to the House Conservation testimony representatives by Committee from Outdoor Recreation the Office General, of recent polls Attorney indicate Further, specific penalties be would forprovided those the influence under a pistol while of alcohol. carry who In addition, be would owners gun licensed while the bill, to transport under in their their guns allowed, restrictions the bill placesvehicles, many limiting be carried once the person is out of may a gun where This important isthe vehicle. seen as a particularly precaution if citizens the state isto to allow more carry concealed weapons. Against a a need to carry has an applicant to prove Currently, find that the and, in addition, board must gun, licensing reason to fearthe applicant had good injury to his or license a case, In any to property. her person, or injury cannot be of issued has been convicted to a person who board is prohibited In addition, a licensing a felony who has been entered to anyone license a issuing from Information Enforcement into the Law Network of a forinvoluntary the following: any system (LIEN) a finding under the Mental Health Code, commitment Probate Code, a Revised the under of incapacity legal or anti-stalking a order, restraining violence domestic or ownership, of condition handgun bail that prohibits reason of insanity. by a finding of not guilty Proponents that its provisions of the bill maintain be stricter than these requirements,would since, in for training applicants, firearm addition to mandatory and dormitories, classrooms add university it would hospitals, casinos other areas and the to list ofplaces where could not license-holders concealed weapon pistols.that, under the bill, Opponentsbring point out categories be denied to two general licenseswould still illness,of of applicants: those mental with a history felons. However,and convicted there base is no data either planned, or in existence, of track that keeps all illness. of Opponents mental a history people with thatmaintain the system list in the LIEN of names couldn’t adequately handle the flood of anticipated be no record of there would applications. Moreover, illnessapplicants of who came with a history mental been never had other states, nor of who here from those applicants could hide many Consequently, diagnosed. this aspect of the past, leaving of open the possibility in weapons the hands of having unstable persons. now LH Research, Inc., the LH "A Survey of Experiences, Analysis available @ http://www.michiganlegislature.org The it ofprovisions House make Bill 4530 would easier to obtain a concealed weapon license in However, Michigan. there concern that this is some that the state its is be construed relaxing to mean might In answernew to this concern, the bill places laws. gun holders that restrictions on permit where would limit and their guns, require that carry each a take may they The bill safety training course a permit. before getting a for age receiving would also increase the minimum of age. concealed 18 to 21 years from permit weapon For: Perceptions, and Apprehension about Guns among Young People in America," Harvard School of Public Health, Cambridge MA, July, 1993]). As part of the focuscontinuing on gun criminals to message a send bills would the violence, those who by use a gun or carry committed that crimes under House consequences. For example, have would hadBill 4530, applicants who been of convicted a could not receive within three a permit misdemeanor of after For those convicted their conviction. years not applicants could misdemeanors, level higher some had passed. years until eight a permit receive Statistics indicate that the number of weapons Statistics illegal indicate that the number 59 1993 survey, a (In rising. streets is on the available 12 students reported that percent of 6 through grades knew wherethey needed it, and if a gun they to get could get an of within a gun one-third these said they hour [Harris, L., For: Response: fails into of study to take Chicago The University only study, the in included states the of that, account Florida had a significant in its drop crime rate. also the study failsFurthermore, to note that overall period of the the time dropped during have rates crime are the study by Finally, conclusions drawn study. the fact thatcontradicted by during time the same in places rateswith alsoperiod fellmurder dramatically Boston, New strict concealed carry like laws, very Angeles. and Los York, attempted robberies or rape with a gun are halflikely a gun as or rape with robberies attempted be injured. counterparts to as their unarmed nine states their citizens to carry allowed only In 1996 there are 31 though, Currently, concealed weapons. concealed weapons.statesthat allow citizens to carry of theseMany states rates drop seen their crime have to a period. According this time during significantly laws concealed handgun study, ofChicago University 7 assault by and severe percent 8.5 by reduced murder 1977 to 1992. percent from House Bills 4350 and 4352 (1-4-01) ounds, Page 15 of 17 Pages Page Against: should be retained. system The current CCW permit The reason there are different one standards from because the need isisdifferent to another fromcounty allows to another. The current system for one county a concealed to carry who gets local control over of Worse, the provisions House in that county. weapon training some by Bill ameliorated 4530, although requirements and other restrictions, will make be a "shallMichigan will boards issue" gun state. The required to issue a concealed pistol license to anyone who the meets criteria set forth in the bill. The current some a license show that a person seeking requirement need for the license is far and serves safer for everyone the possession ofto limit such licenses to those who of a degree need. can prove Against: of the directed to members 28, 1999, letter In an April Medical opposition Society to Oakland encouraging Chair Lucas, House of Bill 4530, Dr. Barbara Meyer of the County Wayne the Public Health Committee note of the following: makes Medical Society, • are present that handguns in one out it is estimated in the U.S., of four homes than half report of owners • more handgun that they report unlocked the guns and many keep at home, available, loaded and readily guns keeping children have latchkey 1.2 million • approximately school, from home come they access when to guns 59 percent of students in national survey, 1993 a • in to where 12 reported that 6 through knew grades they one-third needed it; and of if these a gun said they get an hour, within a gun could get they • 5,264 children age 16 with and charged under were County in Wayne a concealed weapon carrying 1990 and 1998, between w gunshot from U.S. the in die 102 • people ofon and teens under the age 20, children 15 including day, an average increases in the home • a gun of the risk domestic threefold, homicide to is used at home instance in which a gun • for every in self-defense,kill fatal 43 shootings of family or friends non-justifiable occur in suicides, members and accidents. homicides, ills not , which reported that , which USA Today Analysis available @ http://www.michiganlegislature.org that the concept of arming people ofthat the concept is arming on demand of adults. Michigan Moreover, supported a majority by one consequence of easy could be that an the bill of purses, in guns pockets, availability and in glove and stolen, or lost being guns more lead to boxes would intentionally children being and accidentally more This is especially frightening them. by victimized when one considers that, even current restrictions,with are thefirearms cause of leading third death for of ages children between the five and fifteen. also included the results of a survey of The testimony by students conducted that are presented to them. nearly one million students had carried a gun to school had carried a gun students million one nearly that 51 percent of and year, school during the 1997-98 the students and 63 a teacher had threatened to harm is accurate, then student. Ifpercent another the survey see a people who it is that young to believe reasonable parent put see or her purse would a pistol in his pocket too, could not protect themselves they, no reason why a gun. Once generally carrying it becomes by concealed a carry may acceptable that everyone a mere could be a permit having not weapon, adolescent. to an technicality rate also notes that the nation’s murder The testimony rate has dropped for the the crime low, is at a 22-year of Justicepast and Department statistics six years, violenceshow gun a significantin decrease in youth the U.S. In fact, in recent years. this decrease coincides Violence Handgun of with the passage the 1993 Brady states Act, Conversely, Prevention Law." or "Brady laws experienced a significantlywith liberal gun rate between 1996 and drop in the crime 1997. smaller Federal BureauCiting (FBI)of uniform Investigation that the 29 states that noted testimony the reports, crime rate had a crime had liberal CCW laws at that time percent 4.4 with of2.1 percent, in comparison decrease for the states with strict CCW laws; the rate and of for states crime with liberalviolent CCW laws 4.9 percent percent, versus three in states decreased by strictwith to the In addition, according laws. the three states liberal gun with the most testimony, had the -- and Alaska Nevada, Louisiana, laws -- fatalities 1996. firearm in during highest country’s the bill in the testimony, noted as appear that, It would In fact, that isn’t broken. to fix a system is attempting in recognition of the fact that strict CCW laws are effective, rejected in Missouri voters recently have efforts to pass to House a bill similar Bill 4530. in Ohio governors and Colorado have Similarly, b CCW liberalized any veto to promised recently House Bills 4350 and 4352 (1-4-01) Page 16 of 17 Pages Page hearing would certainly hearing de novo standard of review, standard ofwould require review, the de novo Against: a need for guns in people claim While some their and their to protect their property homes families, in the provisions of House result Bill 4530 will in reality our while streets walking guns and people having more Moreover,while driving. while the presence of a situation of type the improves ever, if rarely, weapon The "shall issue"along 4530, provisions ofBill House with the license the to the circuit court that to prove board gun the propriety of denied. Proving the properly was board’s decision at a expense forand prosecutors, circuit time more involve courts, and local police under the than is required system. current Against: act the far While Bill 4530 doesHouse not go enough. as such premises, on certain a firearm prohibits having a theater, sportscare arena, day center, or hospital, or school zone, a weapon-free in for a weapon possessing the prohibition in a to parents, while does not apply argue might of dropping their children. Some vehicle, never should that guns be on school property allowed ofregardless the circumstances. concealed a carrying addition, the provisions against In not prohibit intoxicated would pistol while a licensee a transporting pistol from in the who had been drinking might Some vehicle. motor her ofor trunk his locked under be allowed should not a gun carrying that argue circumstances. any Texas study showsTexas study further that without precautions, "shallofnot- issue" number laws result large in a fairly so-law-abiding licenses. Even given citizens being none of licensees though these less-than-law-abiding on a rampage with hishas or her concealed gone that the factweapon, the "shall remains issue" clearly process allows forlicenses concealed weapons to be the laws, put into the hands of do not obey people who risk. public at greater the general thus putting Response: context, in taken when so, the results of the study, Even show of that the criminal activity persons with small isconcealed weapons permits an extremely of crimesportion of number committed. overall the six involved For only of the 1,477 murders, example, holders;concealed weapons of 8,376 forcible rapes, CCW licensees; and of by 18 were committed only assaults, only committed 234 were 80,613 aggravated CCW licensees. by Against: Analysis available @ http://www.michiganlegislature.org To dismiss the findings of the findings the report as irrelevant, To dismiss the possessors by of committed because the crimes shootings been random not as yet CCW licenses have The is illogical. violence, are or other gun crimes the reasonableness of significant weighing when a "shall concealed foradopting issue" providing policy licenses. weapons Supporters liberal policies of more concealedfor carrying often weapons support their wish to do is allow all they that asserting by arguments Unfortunately, the guns. law citizens to carry abiding Rebuttal: Response: of into account a number fails to take The Texas study factors. First, 30 percent of the 946 arrests, nearly resulted or acquittals. Second, charges in dropped 20 percent offenses of the weapons-related for which for arrested were failurelicense holders were to have their license in their possession. Therefore, the a better exaggerated; numbers are somewhat of at the number been to look have would comparison severe of the more many convictions. Furthermore, the cited did not involve usecrimes of nor a weapon, that could be activities involve of the crimes many did realistically of described as an abuse of the privileges the license. Therefore, activity of the criminal most described on Texas’ has concealed no bearing really policy. licensing weapon The proliferation of ownership will also, gun in spite of requirements,the training increase of risk the training the eight-hour shootings.accidental Although if those be an improvement would requirement noted that members stood alone, it should be provisions of of training the police force firearms years receive and accidents the potential for still happen; imagine increased accidentsof persons numbers with large the carryingonly have who concealed weapons hours of required eight training. lead to if bill will simply enacted, the Furthermore, proliferation of on the streets, and an "old guns west" use the is "solved" by argument where every mentality of According laws a gun. in Texas, where to studies been already in the bills have proposed those to similar issued enacted, out of were the 151,433 people who concealed 263 -- arrested 946 were licenses, weapon forarrests, 194 felonies.were Of the 683 misdemeanor for and 215 were charges drivingweapons-related in 42 was involved violence while intoxicated. Family one for one for attempted of murder, the arrests -- assault for with a deadly and seven aggravated murder Texas The experiences in weapon. and no doubt in the issuance show that requiring of other states clearly license increasesa CCW licensees that the risk will not citizens. include law abiding only House Bills 4350 and 4352 (1-4-01) Analyst: R. Young Analyst: Page 17 of 17 Pages Page This analysis was prepared by nonpartisan House staff for use by use for staff House nonpartisan by prepared was analysis This # an constitute not does and deliberations, their in members House intent. legislative of statement official Analysis available @ http://www.michiganlegislature.org Governor Engler has vetoed House Bill In his 4532. has vetoed Engler Governor the governor message, would noted that the bill veto that a pistolbe requirements existing eliminate for explicit lawful purposes.transported only (These affect specifically provisions target hunters and range involved and persons owners, shooters, antique firearm in other lawfulactivities, such as concealed weapon a pistol transporting are between holders who permit repair. for or places business of and homes their under the code, to transport a it is a felony, Otherwise, Under in a vehicle.) Houseweapon Bill 4532, a gun unloaded an transport to permitted be would owner trunk a vehicle’s inside pistol in a container or wrapper or, if the vehicle in the passenger didn’t a trunk, have compartment. strict to have stated it is that The governor important guidelines the transportation of in regarding weapons State to Michigan since, according a vehicle, Police of the 18,000 arrests many Report data, Crime Uniform for offenses weapons the past three years during the Under a pistol in an automobile. carrying involved would be allowed bill, to a criminal however, transport it making thereby in his or her vehicle, a weapon feasible for weapons to be transported to the scene of Moreover,a crime. as written, the bill specifies only pistol or container used to transport a the wrapper that not be readily in a vehicle’s passenger compartment accessible to the occupants. vehicle’s The term should be defined.“readily vague accessible” is overly Against: Against: House Bill 4530, as the introduced, did not include current provision appropriation forof a $1 million the that argue opponents of Some State Police. Department to simply this was added at the last it make minute difficultmore for opponents of to place the legislation before in the 2002 issue the voters on the a referendum since the state constitutionelection year, bars referenda on bills that include spending. that erupts when tempers are frayed, situationsthat erupts when tempers many the presence of a gun. by dangerous are made more of the questioned wisdom people have allowing Many citizens private thousands more concealed to carry in protest against marched have andweapons, many this. House Bills 4350 and 4352 (1-4-01) Page 18 of 17 Pages Page Analysis available @ http://www.michiganlegislature.org