House Bills 4530, 4532, 4533, 4534, 4535, 4537, 4538 and 4545 (6-8-99) t , s s e o d m Background Page 1 of 15 Pages otection Act (NREPA) and the Penal ) Many people believe that each of these under the Natural Resources an for granting CCW licenses. In response be granted. The legislation is intended t be used to determine whether a CCW licens regarding the transportation of firearms i

a

details on current requirements, see

boards should be required to use unifor slation has been introduced to require that specific addition, some gun owners maintain that curren hunting or target shooting area if the weapon i

nfusing. For example, under the NREPA, a person formation. andards

gun st CONCEALED WEAPON LICENSES WEAPON CONCEALED H-2) 4530 (Substitute House Bill Green Rep. Michael Sponsor: as introduced House Bill 4532 Steve Vear Sponsor: Rep. as introduced House Bill 4533 Gloria Schermesser Sponsor: Rep. as introduced House Bill 4534 Michael Kowall Sponsor: Rep. House Bill 4535 as introduced Sponsor: Rep. Sue Tabor House Bill 4537 (Substitute H-1) Sponsor: Rep. Stephen Ehardt House Bill 4538 as introduced Sponsor: Rep. Ken Bradstreet House Bill 4545 as introduced Sponsor: Rep. Eileen DeHart Revised First Analysis (6-8-99) Outdoor Committee: Conservation and Recreation (For In legi criteri Code unloaded and enclosed in a case or the trunk of a should provide uniform standards across the state. In restrictions Environmental Pr co may carry a hunting weapon while going to and from a . , . r s o h ly to certain citizens, such e some county gun boards have This revised analysis replaces the analysis dated 5-18-99. dated analysis the replaces analysis revised This the entire authority for reviewing she also has the burden of establishing t law, there are 83 separate county CCW for carrying concealed weapons (CCW) the sheriff, prosecutor, and state police s view as unfair current laws which grant

boards. Each board has three members for a license establish that he or she i and grant licenses on e is a special need for such a license. Also, it

policies and grant thousands of licenses eac cite the fact that not only must a person wh other boards are extremely restrictive in thei

al esenting ensing Analysis available @ http://www.michiganlegislature.org applications They THE APPARENT PROBLEM: Many citizen county "gun boards" applies qualified, he or that ther is maintained that, whil liber year, policies as elected officials or former police officers. Under curren lic repr House Bills 4530, 4532, 4533, 4534, 4535, 4537, 4538 and 4545 (6-8-99) t , s s s e e e a a a e e e d d o n g o w m . Under designees as members: Page 2 of 15 Pages ion states that: "It is the al a denial or restriction to al a denial rrying a concealed weapon ized data base to keep track of ized data base to keep The boards would continue to have her application for a concealed pistol . The legislat ribe penalties for removing a decal in ribe penalties for removing of individuals who have obtained gislature to create a standardized system f county residents, determine whether or for other misdemeanors involvin arry a concealed pistol. It is also the intent pistol, and to prescribe the rights an pistol, and to prescribe the rights pistol to residents of that county. Th over issuing or denying licenses to carry by law. to carry a concealed pistol, to allow la to carry a concealed pistol, to allow would review the concealed weapon licens with legal intoxication, and require licens with legal intoxication, and require ire that a license be revoked if a licensee i ire that a license be revoked if a licensee residents to obtain a license to carry residents to obtain a license to carry s led is denied and to create a process by which a Concealed Weapon Licensing Boards

als and other violent individuals from obtaining arena, or hospital, which have posted "n arena, or hospital, which have posted licensee decal on a license at the time it wa licensee decal on education course that has 8 hours of instruction education course that e legislature to grant an applicant the right t e legislature to grant an applicant the ircuit court for the judicial district in which th for the judicial district ircuit court se se Bill 4530, each county would continue to have equire that license applicants complete a firear equire that license equire that the Department of State Police creat equire that the Department oncealed weapon licensing board with exclusiv to issue a license, and perform other duties a c certain public places, such as a school, theater certain public places, such as a school, ponsibilities issuing concealed pistol licenses to preven issuing concealed pistol licenses following persons or their thority iding ncealed th stol Require that the licensing board place a conceale the licensing board Require that

c

R R Requ Permit an applicant to appe Permit an Prohibit a licensee from ca C Hou a au the intent of the le for crimin license required the the county prosecuting attorney, the county sheriff, applicant lived. applicant C pi and maintain a computer ab concea license to c of co boards applications o not issued, and presc violation of the act. C applicants. C res know why his or licen applicant may appeal that denial." County safety range time. and 3 hours of shooting C charged suspension intoxication. C in sports concealed weapons allowed" signs. Legislative Intent t l t t t , ; f s e e a e e c d y d g n y n n m and from a place and from to change the rules ounty "gun boards." The ounty "gun boards." other provisions, the bill ke effect on September 30, visions concerning concealed l would amend the title of the provisions of House Bill 4530; a home, to another. It has been a home, to gainst individuals who acted -- or 4530 would amend the handgun 4530 would amend or she has a special need for such or she has a special only for certain purposes, but only purposes, but only for certain applying for or receiving concealed . The bil regarding the transportation of firearms attorneys for expenses involving firear that he

due to mental illness or found guilty bu licenses to carry concealed weapons ar licenses to carry applying for the license has the burden o applying for the license weapon licenses from provisions of th weapon licenses from provisions of and county clerks issue license applicatio firearms act (MCL 28.421 et al.) act (MCL 28.421 et mend various acts: some to delete curren ill of a crime, and meets other specifi licensure act to specify that certain conduc ed and under the Penal Code a person ma the Penal Code and under ir, from the place of purchase, or from on place of purchase, ir, from the These bills are each tie-barred to House Bil These bills are each tie-barred to House to act -- as references for these individuals be prohibited; and to prescribe remedies an be prohibited; and to prescribe remedies licenses to carry concealed weapons. Hous licenses to carry concealed weapons. if a person is a U.S. citizen, is 21 years of age

a d e to exempt certain information concernin dual aled s. and to establish a fund to reimburse count and to establish a fund to reimburse been convicted of a felony, has never bee le; Meeting Act and the Freedom of Informatio of business, or of business, quire that county sheriffs, local law enforcemen procedures by which citizens may apply for an procedures by which citizens may apply tally

rently,

secuting en age 18 to 21 if required for employment), ha ls 4532, 4533, 4534, 4535, 4537, 4538, and 4545 ls 4532, 4533, 4534, 4535, 4537, 4538, ver repa hers Require that each handgun licensing board issue a person has a hunting license, to has a hunting license, a person Re

would would replace current pro Analysis available @ http://www.michiganlegislature.org penalties. In addition, among weapons licenses with provisions that would: C 1999. House Bill 4530 transport Bil would restrictions some to conform to the Op crime 4530. All the bills would ta handgun against individuals weapon permits, or a refuse agencies, ot receiv conce Act, pro kits to all applicants. C vehic establishing and license (or licensure a license. House Bill ne committ indivi if of place laws could be clarified. suggested that these OF THE BILLS: THE CONTENT Cur c issued by one of 83 separate men requirements. House Bills 4530, 4532, 4533, 4534, 4535, 4537, 4538 and 4545 (6-8-99) l , , s s s s s e e e e a e e e y d o n h y d d o estimony would have owever, the applicant Page 3 of 15 Pages have to file the completed have to file , or ability to cope with the in a city, village, or township that icant with a copy of a compilation of icant with a copy of plicant has been convicted in this state applicant has a history of mental illness , if appropriate, a statement indicating that , if appropriate, a statement indicating with the county clerk during norma county clerk during with the would not be eligible to receive a licens would not be eligible and the board would have to require th and the board would to receive a license, and to the applicant’ by the board in a closed session which th uded with the application, such as statements hours. The licensing board would have t licensing board hours. The issuance of a regular license, and the fact t and his or her representative would have the records that relate to his or her statement Bureau. The compilation would be provide Bureau. The compilation while waiting for the regular license to b for the regular while waiting ("mental illness" would be defined under th ("mental illness" would be defined under tted pplication would have to be signed under oat pplication would have ate’s firearms laws created by the Legislativ ate’s firearms laws the concealed weapon licensing board woul ng e applicant at the time the application wa e applicant at the request that these records or information b mean a substantial disorder of thought or mood mean a substantial disorder of thought idual access to any record relating to the applicant’ he had received a copy of the compilation. A he had received a copy a hether the applicant sought a temporary license ibility lication include the following: the applicant's name an include the following: the applicant's would disqualify him or her from receiving significantly impaired judgment, behavior significantly impaired judgment, inary demands of life, and which would include -- inary demands of life, and which would st whether the applicant had been dishonorabl ve s plicant to sign a written statement indicating that he plicant to sign a written that the applicant met the criteria for a license t that the applicant met the criteria for th at indicate whether he or she needed a temporar whether he or she indicate cense cense w that whether the whether the ap business provide each appl the li applicant would issued. The app address and the applicant resides has a police department. Certain t to be incl indicating the following: C carry a concealed pistol, C C to to and th discharged from the U.S. Armed Forces, pendi submi ap or indiv signed the statement. until he or she had The li bill to ord but not be limited to -- clinical depression.), C or elsewhere for an assaultive crime, C supporting issuance of the temporary license, C ha elig medical could reviewed applican right to attend. that capacity to recognize reality about history of mental illness. H Service t f . r s e e e e e k 0 o n y o o o o o d o y d g y n y m order of board would police would be able An individual wh ment on a sales record rder to receive a license to ted by a majority vote of all ted by a majority vote artment of State Police. County . In o kit, would be awarded actual and ansport a pistol. If a person with ansport a pistol. If plus attorney fees, for obtaining the e to carry a concealed pistol under the e to carry a concealed s record in triplicate as provided by the s record in triplicate for up to four years, a fine of up t ng attorney or his or her designee would or his or her designee ng attorney or those purchasing antiques. A perso received by a concealed weapon licensing directing the licensing board to provid

involved in obtaining a license, includin an application kit and obtained an , costs, d not be required to also get a license t d not be required be guilty of a felony punishable b be guilty of a felony punishable to qualify for such a license, the applicant' local law enforcement agencies, and count local law enforcement agencies, and for making an appeal. An individual wh record. ward the original to the state police within 1 ward the original to the state police within

license number. The seller would retain on license number. The for a license to carry a concealed pistol. The for a license to carry a concealed pistol. Purchase Requirements. constitute a quorum; however, the business o a quorum; however, constitute

se purchased a pistol, the seller would have t se purchased a pistol, normal business hours to anyone who wante normal business hours to anyone who purchase requirements would not apply t purchase requirements would not apply and written information regarding th and written information regarding and complete an application form provided b and complete an application form provided the individual could receive the necessar

the board’s chairperson and the county cler chairperson and the board’s

The concealed weapon licensing of the record, provide a copy to the purchase a concealed pistol, an individual would have t a concealed pistol, an individual would the director of the Department of State Police of the Department the director to appeal the denial of a license, and the for edures of the purchase. The state s, police, including the individual’s conceale police, including iffs, ng re d would be considered confidential and could not romulgate rules to implement this. The triplicat romulgate rules to implement this. The ld serve as the clerk of the board. Two members the clerk of the board. ld serve as would contain an application form, fingerprin would contain an application form, or her with the for

director of the Dep woul disclosed except for the purposes of the act. Th ndamus required to retain a copy of each application as a as

prisonment tain

rry cord p erks would be required to provide an application kit erks would be required to provide an application licen Record would the board would be conduc of its members. Analysis available @ http://www.michiganlegislature.org The prosecuti act wou and days to re wholesalers who made a materially false state im $2,500, or both. required would and Application for license right was denied received a licens bill purchase, carry, or tr a complete a sale state copy ca ob the cl duri to apply kit card proc training ma him order. be official Information boar be application form would provide the applicant a place reasonable weapon whe sher House Bills 4530, 4532, 4533, 4534, 4535, 4537, 4538 and 4545 (6-8-99) l t ; r , s s e e e a a e o o d d o d n y n y d y Page 4 of 15 Pages scharged from the U.S. violation of law punishable der for domestic violence or der for domestic violence bodily injury upon a director iagnosed mental illness at the time ovisions of the Revised Judicature ovisions of the Revised convicted of a felony in this state or or alternative treatment under th treatment under or alternative or domestic assault; aggravated assault or confinement for a specified crimina felony would include a violation of a law

("specified criminal offenses" woul disorder of thought or mood tha or providing sexually explicit materials t or providing sexually explicit materials ceration subject to conditions or restrictions ceration subject to conditions mpersonating an officer; stalking; careless, of a vessel resulting in crippling or death treatment ("mental illness" would mean enforcement officer; hindering, obstructing, Probate Code; or due to the existence of a or due to the Probate Code; tly impaired judgment, behavior, capacity to

as the result of his or her involuntar result of his or as the for the eight years immediately prior to th for the eight years immediately prior an hindering or obstructing a weights Health Code or legal incapacity under th or legal incapacity Health Code prisonment for more than one year), have n prisonment for more than one year), upon him or her for the protection of others upon him or her for by reason of insanity, or having been release by reason of insanity, Quality Act; negligent, careless, or reckles Quality Act; negligent, careless, or al felony charges pending, and have had n felony charges pending, and have antial ed ving italization ation substantially corresponding law of the Unite substantially corresponding law of the or for having been declared not guilty of an or for having been r ude applying, regardless of whether he or she i ibiting lication ense els im a

other authorized representative under the Moto other authorized representative under aggravated domestic assault; solicitation to commit aggravated domestic assault; solicitation ime ckless, or negligent use of a firearm; or a violation ckless, or negligent use of a firearm; or never have been found guilty, but mentally ill, of r not be prohibited under the Michigan Penal Cod not be prohibited never been subject to an order of involuntar not be the subject of a LEIN order or dispositio subject of a LEIN not be the e never have been not have been dishonorably di not suffer from a d minors; assault o Fu exh off app incl measures assaulting, or committing or oper C from having a firearm; othe r of another state); States, another state, or a local unit of Armed Forces; crime, and not offered a plea of insanity; C C Procedure; under the Code of Criminal C elsewhere (a designated as a felony, or a by convictions a felony; i C C commitment due to mental illness; C of recei significan enter hosp Ment Revised or injunction or restraining stalking under the pr Act; cr from incar placed subst l l . f f r s e a e a a e e e e a n o y g n n y n would be o 4 years, a fine of in the county’s general fund . Each county sheriff would an individual would have to: ld under this exception would er September 30, 1999, and who rs old, or at least 18 years old if the for license In order to be eligible to receive received regarding these records o regarding these records received

whether to issue a concealed weapo to issue a concealed whether

The fee would be divided between th The fee would be would be confidential and could not b confidential and would be by imprisonment for up t by imprisonment for to the state treasurer for deposit into th to the state treasurer for deposit into bill would be waived for an individual who bill would be waived for an individual

pistol as of September 30, 1999, (LEIN) to verify that an applicant met th to any person except for the purposes o except for the to any person to be deposited

itizen of the United States or a resident lega the application would also have to contain the application would An individual who was licensed to carry An individual who was licensed to and the state -- $10 would go to the count and the state -- $10 for a license renewal at the prescribed fee for a license renewal at the prescribed ow the individual to carry a concealed weapon on behalf of the concealed weapon licensin issued before September 30, 1999, wa issued before September 30, 1999,

Each applicant would pay a $49 fee for a Each applicant would using the Law Enforcement Informatio or a license renewal would be $35, payable t or a license renewal would be $35, payable rded y, an application was executed cuous warning that oath, and that intentionally making a materia oath, and that intentionally statement on the application would be a felon statement on the application the

and a resident of Michigan who has resided i general fund to the credit of the Department o general fund to the credit of the Department ty.

f credited to the county clerk and $39 would b credited to the county clerk and $39 ble county for deposit in the general fund of th county for deposit in the general fund

er art of his or her employment. (A license issued to s. nse

ermining tricted. The firearm safety requirements specified tricted. The firearm safety requirements ard, p ense plication. required to verify an applicant’s eligibility for required to verify an applicant’s eligibility quirements. formation

dividual were required to carry a concealed weapon be a c be at least 21 yea Requirements was licensed on or aft was applying for a license renewal. lic under Fees the coun concealed eligi of whether the This provision would apply regardless res Analysis available @ http://www.michiganlegislature.org ap county State Police. be lice bo re concealed weapon license C in as treasurer Network Information up to $2,500, or both. Fee and forwa state an 18-,19-, or 20- year-o only all in the course of his or her employment); C the state for at least six months; in disclosed det the applicant. license to Finall conspi und false punishable alien, House Bills 4530, 4532, 4533, 4534, 4535, 4537, 4538 and 4545 (6-8-99) t t r s s s e a a e e e e e g y g d o o d d d n A license woul Page 5 of 15 Pages board could also contact by the secretary of state, t time before September 30, e applicant. The board could e applicant. The board he or she was eligible to have he or she er to carry a pistol, concealed e required to place a concealed a license while the licensee was or a renewal license, regardless at the time it was issued. Anyone ame manner as the original license. ter January 1, 2000, a license holder ue a license to any applicant who had to any applicant ue a license pplicant to appear before the board at pplicant to appear before was restricted only to an applicant’ was restricted only without good reason, would be ground license renewal would be subject to lower of the application. The board could als The board of the application. failure or refusal to appear for such failure or refusal to appear for such Pistol Licensee Decal. or otherwise) throughout Michigan. Th ncluding, where possible, contacting his or ncluding, where possible, and the investigation would end after tha and the investigation hours of review of the training required for hours of review of the training required submitted an application and whos an application submitted description, as well as the license’s effectiv e required to present a signed statement to the e required to present a signed statement to carry a concealed pistol would be guilty of the license holder's name, address, an nd would not require fingerprints. In order t nd would not require fingerprints. In ually agreed upon time for a conference. Th ually agreed upon time rson who applied for a license to carry rson who applied for a license to and any restrictions. The license woul range time in the six months immediatel licensing since receiving the license, includin licensing since receiving the license, certifying that he or she had completed no les certifying that he or she had completed ealed would have to complete firearm safety trainin would have to complete firearm safety removed or intentionally defaced a conceale a below). A person who was licensed as of tha below). A person who was licensed board would be allowed to investigate a board would be tain three perly local police department, provided that th local police department, ng e license within 30 business days after prope 30 business license within tial or about his or her person, or in a vehicl full license would be valid for five years and could full license would be valid for five years nference, tes, bmission pe

mut

(se date would be eligible f not. of whether that license was restricted or Conc firi preceding the renewal application. A concealed pistol for the firs 1999 pistol licensee decal on applicant, i by th references provided also require the a a applicant’s licensing board would b pistol licensee decal, provided on a driver’s license who a misdemeanor, punishable contact the references provided by the applicant. contact the references The investigation eligibility, co renew a license af would b board that ini con physical da authorize the license hold on (concealed be required to iss be required pro su her A be renewed in the s However, a fees licensed application indicated that application a The determination was made. for denial of a license. t l t t f s s e e e e e e e e e e e y g d n y e required to send copies nation under this provision he actions of, or statements gerprints would be taken by licant would not threaten the licant would not threaten ry license would expire after ithin 30 days, the board would part of the application process, the by each agency. The FBI would then The sheriff's office would be required As The fingerprints would be forwarde . If the fingerprint comparison was not of a drug, and any other service for the and any other service of a drug, be sent to the Department of State Police. service, including, but not limited to, th but not limited service, including,

days after the applicant’s request to b days after the applicant’s request to , or as soon as the fingerprint report wa weapon licensing board for the count Subject to the receipt of the fingerprintin reality, or ability to cope with the ordinar ability to cope with reality, or would be required to have two sets o would be required to have two sets . ts of prints would be compared by th ts of prints would be compared by

to return the fingerprints to the departmen ate subdivision of each agency, with the print ate subdivision of each agency, with the nt I or an entity designated by the FBI and th I or an entity designated by the FBI results of both fingerprint comparisons to th results of both fingerprint comparisons report of its comparisons to the Department of report of its comparisons to the Department sheriff that took the fingerprints and to th received within 30 days after the applicatio the applicant resides. The FBI would b ses uired to issue the applicant a temporary license. immediately, unless the comparison repor of the applicant or any other person. The bil of the applicant or ess ty se the FBI’ Police. Within 10 days of receiving the department would be required to destroy th a ts days take the applicant’s fingerprints within thre take the applicant’s fingerprints within

te FB local county sheriff on forms supplied in th local county sheriff on forms supplied how evidence of knowledge or training in the saf how evidence of knowledge ot be under a court order of legal incapacity in this ot be under a court mediately - one set of fingerprints would be sent to mediately - one set of fingerprints would pression; and "treatment" would mean care, or any and "treatment" would pression; the addition, the board would have to determine tha addition, the board mands of life, including, but not limited to, clinical life, including, but mands of quired s

ngerprinted. n e

report the department would b of coun concealed would specify that a determi the other would Both appropri records retained send Sta received. Licen state or any other state; and, state or any other state; C In app issuing a license to the safety be req In such cases, the tempora 180 results, the concealed weapon licensing board would Analysis available @ http://www.michiganlegislature.org treatment of a mental illness); treatment of a mental C a pistol (see below); use and handling of would be based only upon t application kit. to busin fi im where re and prin wasn’t was completed received by the board w recognize de administration applica fingerprints taken. The fin the d therapeutic of, the applicant. Fingerprinting. House Bills 4530, 4532, 4533, 4534, 4535, 4537, 4538 and 4545 (6-8-99) t t l f ; ; r f s e a a e a e e e a 5 y g o o y to submit A licens newal, except that the If the weapon was not If the weapon Page 6 of 15 Pages An applicant would have to An applicant would d, per 210 liters of breath, or stol. The course would have to (BAC) of 0.02 grams or greater lder that he or she could refuse to is. The officer would first have to an authorized employee of the law employee of the an authorized n and provide instruction in at least n and provide instruction ed on or after September 30, 1999, that provided instruction or training education requirements would not be ing since receiving his or her license, program and instructor would have to program and instructor and Michigan’s laws regardin agency holding the weapon within 4 the weapon agency holding could require the license holder or property caused by the person who was or property caused by the person who 30, 1999, and who was applying for uld be prohibited from carrying a concealed would have to sign and present a statemen milliliters of urine. A peace officer wh criminal attack and controlling violen shooting; handgun shooting positions safety that a license holder was violating thi and the law, including civil liability issues and the law, including civil liability ndling of a pistol. In order to adequatel ndling of a pistol. and training, the required knowledge restrictions on license holders. owing areas: the safe use and handling of owing areas: the safe within 45 days, the law enforcement agenc days, the law enforcement within 45 at least eight hours of instruction with thre at least eight hours of instruction with or a controlled substance or while having for an individual who was licensed befor be immune from civil liability for damages t be immune from civil liability for damages ammunition knowledge and fundamentals o ammunition knowledge of firing range time and provide a certificate of of firing range time and provide a certificate educational requirements would be waived fo educational requirements would be waived tified by this state or a national or state firearms tified by this state or m Safety Training. de

while he or she was under the influence o that he or she had knowledge or training in th that he or she had d of the weapon's seizure. of the weapon's ha fying completion of at least three hours review of fying completion of at least three hours ude that the training included firing range time in th that the training included firing range 67 orcement foll ohol imed months immediately preceding the renewa months immediately preceding the nfrontations; ow stol; enf prohibition his or her license to his or her safe provi firearms be cer training organizatio the co woul any person negligent. trained, unless the trainer were grossly These application. The holder wo pistol bodily alcohol content believed to a chemical analys inform the license ho days unlicensed. the owner had been sh pi handgun firearms avoiding carrying a concealed pi incl A person or entity an individual licens who was applying for a license re certi the required train and Alcohol alc per cla as if in the same manner of the weapon could dispose Firear hours completion. applicant six license renewal for the first time. per 100 milliliters of bloo waived September t l t l r r s s s e a e e e a g d o d d d d o d had his or The applicant would A license holder woul ry license would expire after a form provided by the state a form provided by ly with an officer's request or ithin 30 days, the board would and the court would be required oncealed pistol license would be em, then the pistol would not be An applicant could be given could be given An applicant ant or his or her family would be ant or his or her family the license in his or her possession nce of a full license, if the licensing nce of a full license, card to a police officer at the officer'

to renew the license for one additiona to renew the license License.

by the applicant’s inability to obtain by the applicant’s

ailing to show his or her license to a police officer immediately without any hearing or , or as soon as the fingerprint report wa , or as soon as the fingerprint report ithout a license, the weapon could be seized or possessing a weapon in violation of stat a concealed pistol. ould be able to reclaim the pistol by showing

Failure to comp the LEIN syst he or she was actually carrying a conceale w The license would be unrestricted and woul The license would ver’s license or Michigan ID and the office

ble to verify that the individual had a licens determined that there was probable cause t determined that there immediately, or if the applicant’s fingerprin immediately, or if

of no more than 180 days. the weapon would be forfeited to the state fo prisonment for up to 93 days, a fine of up t for up to 93 days, prisonment ing

uired to issue the applicant a temporary license. uired to issue the applicant a temporary and would be required to show the license an and would be required to show the license

However, a license holder whose pistol wa procedure. However, if the licensee t was not received within 30 days. A temporary t was not received within a dri

otify the appropriate concealed weapon licensin otify the appropriate concealed weapon days time he individual had no license to carry a conceale

f an applicant’s fingerprint comparison was no f an applicant’s fingerprint comparison persona or her driver license or Michigan n an individual was discovered carrying a conceale im ense valid for no more than 180 days, with th valid for no more required to surrender the temporary license to th required to surrender the temporary license

t

i pending the issua Temporary $100, or both. Analysis available @ http://www.michiganlegislature.org endangered lic repor in license would be issued police. be opportunity be required to have any were through carrying law. seized for f officer w pistol by believe that the applic period be license, board upon issuance or denial of the full C received by the board w Carry his identification failure to carry one's c a state civil infraction, to subject to forfeiture. received. temporary license under two circumstances: license under two temporary C be req In such cases, the tempora 180 request. board. weapon by a peace other her If pistol, board If House Bills 4530, 4532, 4533, 4534, 4535, 4537, 4538 and 4545 (6-8-99) t t t , , f r r r r e a a e e d n d n o d n y g n If the license holder ensing board that had Page 7 of 15 Pages vidual’s license until there elony, felony, or specified Although an employer Although certain restaurants, and schools. A certain restaurants, certain institutions that posted signs certain institutions of the crime, the prosecuting attorney ense holder during the commission of If a license holder were charged with red to indicate to the board whether the of the crime, or if no pistol had bee and reporting of crimes committed b and reporting of crimes committed r punishable by one year imprisonment, a r punishable by one year imprisonment, The bill would specify that the individual would include churches, governmen would include by up to 93 days imprisonment, a fine o by up to 93 days imprisonment, a fine theaters, sports arenas, day care centers theaters, sports arenas, on where a person could carry a concealed a person could carry on where ould also have to promptly notify the board weapon license or carrying a conceale license or carrying weapon pistol during the course of his or he pistol during the from either applying for and receiving applying for and from either a police agency, could not prohibit a agency, could not a police lders. e. The state police would be required t criminal offense, the board woul of this provision would be a misdemeano The notice would provide information tha offense, the prosecuting attorney would b offense, the prosecuting attorney would "No concealed weapons allowed." Thes "No concealed weapons a person could not carry a concealed weapon a person could not in compliance with such a license, a in compliance with would be a felony, punishable by up to fou would be a felony, punishable by up licensee had been charged with a felony o ssion holder had been carrying a pistol during th holder had been carrying a pistol during the license holder’s license. The prosecutin

of the suspension to the person’s last know ion under a license. under a se oyee l se ealed convicted oyer could prohibit an employee from carrying a oyer could prohibit ified a uding a final disposition of the charge and would sen of up to $500, or both. A third or subsequen of up to $500, or both. A third or individual was entitled to a prompt hearing on the cealed ice crim

ildings, to $100, or both. A second offense would be to $100, or both. A second offense dress. me had involved brandishing or use of a pistol, the me had involved brandishing or use of the concealed weapon licensing board was notified iminal the disposition of the charge. up or both. years in prison, a fine of up to $2,500, attorney w carried by the lic not the suspension. would be entitled to 10 days notice of the hearing. saying was ad immediately suspend the indi spec empl license ho having committed a violent f cr provide a form for reporting this information. If that Restriction pisto incl weapon offen the conc empl fine Notification required to promptly notify the lic issued of were would be requi cri licen commi con employment. Further, on the premises of institutions bu hospitals, bars and violat punishable misdemeano l t f . f r s a e a e e e e e e e h o d g y be required vehicle didn’t equired to order the ree years, and the board sing board to revoke the is or her motor vehicle or from transporting his or her made and the results indicated a made and the results could choose who would perform could choose who would ut if he or she did refuse his or her she did refuse his ut if he or for up to 93 days, or $100, or both licensing board to revoke the individual’s level of alcohol, the officer would b level of alcohol,

and separated from its ammunition in to promptly report the refusal or violation in to promptly report the isonment for no more than 93 days and/or

der the influence of alcohol, a controlle would be guilty of a misdemeanor punishable licensee had a BAC of .08 to .10, he or sh licensee had a BAC of .08 to .10, he 8 grams, he or she would be guilty of a stat 8 grams, he or she would be guilty of to submit to the test. The officer would als to the test. The officer to submit to the concealed weapon licensing board tha to the concealed weapon could be revoked or suspended and/or th revoked or suspended could be could get a court order to require the licens a court order to require could get for one year and the board would The court could also order the licensing board The court could also order the licensing compartment or container if the

be guilty of a misdemeanor, punishable b be guilty of a misdemeanor, punishable r as such specimens are collected and tested for r as such specimens

intoxicated would not prohibit a licensee wit restrictions would be subject to the followin restrictions would be subject to the se collection and testing of blood, breath, or urin collection and testing to inform the license holder that if he or sh the license holder to inform e infraction and could be punished by a fine o infraction and could be punished by .0 ld tance, or a combination of drugs and alcohol, the e un risonment provisions against carrying a concealed pisto

cer test. If the license holder refused to submit to the test. If the license holder f the licensee had a BAC of .02 or more but les f the licensee had a BAC of .02 or more had issued the individual’s license to revoke th had issued the individual’s license to chemical analysis would be conducted in the same chemical analysis would or if the test was

iting license holder who was found to be in violation o license holder who was found to be in loaded impr If the person had a BAC of .10 grams or more o

I If the

The any bodily alcohol content pistol in the locked trunk of h un locked have a trunk. license permanently. whil appropriate fine of $100. The court would be r Analysis available @ http://www.michiganlegislature.org holder $100. that was subs licensee by civil submit to the test, b submit to the offi penalties: C licen than have submitted, he or she the license to comply. C wou imp The court could order the licen individual’s license for up to th would be required to comply. C test prohibited required wr issued the license. The for manne under the alcohol- and drug-related driving violations Michigan Vehicle Code. A thes House Bills 4530, 4532, 4533, 4534, 4535, 4537, 4538 and 4545 (6-8-99) t l . s e a e a e e e d g o d o o o g and annual report. be required to give be required d’s decision to deny be taken. If the court Page 8 of 15 Pages restricted license would e following information and if the court affirmed safety of the applicant or the judicial district where the judicial district to be served personally or to be served under the age of 21 for use maintain a computerized data cences, it would have to order sed on the grounds that issuing the court reversed a decision of older an opportunity for a hearing older an opportunity r a license, it would have to order the not of the process) if the licensin track of who applied for licenses to carry pay the applicant’s actual costs and actual to administer an oath to anyone wh to administer an a hearing on an appeal would be a trial d a hearing on an appeal would be a trial ail to issue a license, or to issue a restricted ail to issue a license, weapons. Information in the data bas to pay the board’s actual costs and actua to pay the board’s actual costs and e resides. An appeal of a denial, failure t e resides. An appeal mined by a review of the record for error mined by a review record would have to its expiration date, and any restriction on r, fees for the appeal; person. Witnesses would be sworn and person. Witnesses would be sworn tified mail delivered to the individual’s las tified mail delivered address. The clerk of the board would b address. The clerk issued to a person be confidential and would not be subject t (from the beginning -- of the application an (from the beginning -- of the application would have to issue a written complaint an to issue a written would have names, addresses and county of residence of all n om of Information Act (FOIA) provisions. The

here applicable, the concealed weapon licens mined that the licensing board’s decision to deny mined that the licensing board’s decision Department of State Police would be required t Department of State Police would be information from concealed weapon licensin information from concealed weapon horized individual at least seven days notice prior to th at least seven days individual mber, alifications, cer deter or sh plicant fail to issue a license or restricted license wa fail to issue a license or restricted roneous, it would be required to order the licensing roneous, it would be required to order license would threaten the r W The C nu license during his or her employment. be board to issue one. If base to keep applicants. qu Freed data base would contain only th about each applicant: C Howeve novo board’s decision was ba a provide the license h provide the board. The board would before the the would have hearing. Notice by a license, f court for license to the circuit he of a issue a license, or issuance another verbatim deter The use would board know or applications to create and concealed aut board in such a hearing. testified before the the boar An applicant could appeal e the board that denied a li the board to attorney a board denial fo ap attorney fees for the appeal. Concealed weapon license data bank l f . r s s e e e e a e a e d d d y d d o g m ed with a felony or . A license that ha ing on the suspension. m the licensee that he or license for no more than not have a license revoked er license to a peace officer. etermined by the director of the etermined rt would contain the information rt would contain n licensing board could revoke any uired under the bill, or having any uired under the bill, it determined that the individual was iolations of the handgun licensure act, a concealed pistol license, a concealed rovided by the courts for failure to show rovided by the courts statement would be void from the date it statement would be suspend the individual’s license pendin The repo

for if the board determined that the licens offense, the board would be required t offense, the board would be required

to the circuit court. The explanation of th to the circuit court. The explanation revocations and appeals by the prosecuting attorneys and th prosecuting attorneys by the and provide a report to the Department o a report to the and provide of an s supporting the denial, and copies on would have to be sent to the licensee’s last on would have to be sent to the licensee’s alcohol content while carrying a conceale alcohol content while licensing board would be required to infor licensing board would be required to , photographs, records, or other documentary licensee had been charged with a felony o licensee had been charged with a felony er, had been found responsible for three or mor address as indicated in the board’s records five business days after denying a person’ the licensee’s written request, the board woul the licensee’s written request, the board f the applicant’s right to appeal the board’ f the applicant’s right to appeal the le

that a person could of th nal disposition of the case. Notice ls,

issued based on an application containing issued based on year the chair of the board would be required to of the board would year the chair ediately a hin o cense to a peace officer, refusal to submit to cense to a peace officer, rd’s decision would have to include a statement of rd’s decision would have to include a statement eligible to have received the license or that th applicant in writing of the reasons for the denia applicant in writing of the reasons for fact fi board would be required to hold a hearing an en concealed weapo ense holder had committed any violation of the act, ported the concealed weapon licensing board was notifie the concealed weapon licensing board

li could suspend the individual’s one year. Except where the licensee was charg specified crime, in order to revoke a license the holder civil infraction v the Howev weapon the not lic except for failing to show his or h and Analysis available @ http://www.michiganlegislature.org compi by a date d State Police department. re information p be material false was issued. Wit application decision boa the she was entitled to a prompt hear Upon license it issued if Each a writings have to hold such a hearing. A chemical test as req bodily pistol. Denia evidence used to support the denial. If that specified imm the suspensi known The notice would have to infor House Bills 4530, 4532, 4533, 4534, 4535, 4537, 4538 and 4545 (6-8-99) t f , f r r r , s s s s e e e e a e " " y o d o g n g d d g House each case the Page 9 of 15 Pages essible to the occupants urrently, under Part 435 Environmental Protection House Bills 4533, 4534 House Bills 4533, would amend various acts would amend various C would amend various acts, would amend various vehicle’s trunk. If a vehicle irearm was unloaded in both would amend various acts t would amend various concealed weapons license fees, concealed d 4537 ap or skeet shooting grounds, if the nal Code, to delete current restrictions nal Code, to delete by -- the owner of the property, and i that the individual be conveying th that the individual be conveying t apply to a person who is hunting a ation is paid to the property owner for the House Bill 4530 would repeal curren Bill 4530 would repeal House of whether it is open hunting season o the provisions of House Bill 4530. the provisions of House 4538, and 4545 enses from provisions of the Open Meeting enses from provisions . House Bill 4537 would delete "transport weapon licensing boards, forfeiture o licensing boards, weapon and the waiver of renewal fees under th waiver of renewal and the ach tie-barred to House Bill 4530 and would ach tie-barred to House Bill 4530 and are either in a case or the trunk of a car, o are either in a case or the trunk of a car, the Freedom of Information Act, and t the Freedom of Information and enclosed in a case, and in a person may "carry, transport, or possess a fund to reimburse county prosecutin a fund to reimburse the person has a license, a hunting weapo to a specific place. Instead, the bill woul to a specific place. Instead, the bill ess that a person could transport or possess (th that a person could transport or possess going to and from certain activities, such a going to and from certain activities, the NREPA (MCL 324.43513) to delete th the NREPA (MCL 324.43513) to delete ns panied no these provisions and would specify that the ting weapon without owning a hunting licens ting weapon without owning a hunting and magazine, or the bow or crossbow wa and magazine, or the bow or crossbow 4538, and 4545

d eys for expenses involving firearm crimes. The eys for expenses involving firearm crimes. of weapons in a vehicle, without a huntin of weapons in a vehicle, without a gaged in target practice, the person is -- or i fy alers

ities. no trunk, the weapon would have to be in arged if the person is not engaged in hunting but s also be carried, transported, possess, o

and (NREPA), which regulates hunting and fishin (NREPA), which regulates hunting uirement rel unloaded or unstrung. House Bill 4537 woul unloaded or unstrung. House Bill 4537 ether y t enses, transporting firearms. transporting firearms. the vehicle. The act also specifies currently that exempt certain information concerning conceale exempt certain information ll would delete "carry" from these provisions) these ll would delete "carry" from these provisions) en rearms, hun weapon was carried in the regardl disch from provided by law. handgun licensure act for retired police officers. police officers. act for retired handgun licensure House Bills 4532 an fi amen is concealed Act establish attorn take effect on September 30, 1999. Transportation of Firearms. while ma accom would Repe concerning provisions including the Pe on 4535, conform to Bills 4533, to weapon lic bills are e are of wh not remuner activ of the Natural Resources and Ac lic a target practice or tr weapo req weapon license, provided that the f bar unstrung had location that was not readily acc speci bi type l t t t

, , f r e e e a e d d h n d d time and the longest uld be required to file an ns received, licenses issued, ndgun licensure act or for criminal regarding the behavior of licensees regarding the behavior contain all of the following information against the applicant during the licens against the applicant pending at the time of the report. and findings of not responsible or no and findings of not responsible or

comparison report (this could be derive er convicted or found responsible for civil

including the number of crimes in eac

a pistol during the commission of the crime. date of the bill, the reasons for that denial. bill, the reasons date of the e deleted from the data base if the individua from the data base e deleted ategories for the denials and categories fo that had involved the brandishing or use of a that had involved the brandishing or use denied, licenses revoked, and the number o e act pending or obtained against the applicant e act pending or obtained tion, the data base would contain the following tion, the data base would ve carrying a pistol during the commission of carrying a pistol during the commission and the number where the license holder ha and the number where the license holder b tatement of all criminal charges pending an tatement of all criminal hortest times taken by the FBI to supply th of the House of Representatives. The repor of the House of Representatives. The , e number that had criminal charges pending e number that had criminal charges tions, ses information contained in the data base would b information contained in the data base purposes of the act or for law enforcemen explanation of why a license had been denie of why a license explanation

s

used

nual report with the Secretary of the Senate and the nual report with the Secretary of the Senate tered into the LEIN and would only be released for tered into the LEIN and would only be ime, A statement of all civil infractions of the handgu A statement of all If the applicant had been denied a license after th a license after had been denied If the applicant n A s The c Th The costs incurred per permit in each county.

The mean and median amount of The numb The number of applicatio were later issued a license. were later C would C Analysis available @ http://www.michiganlegislature.org In addi information categorized by offense: C infractions of the ha viola revocation. and C C effecti An convictions period. C licensur the license period. during the course of guilty. C fingerprint from a statistically significant sample). category pistol cr not C dismissed, The en the Clerk would have to board: for each county concealed weapon licensing C licen applications a purposes. The state police wo House Bills 4530, 4532, 4533, 4534, 4535, 4537, 4538 and 4545 (6-8-99) t t f , f I f r r e a e e e n 3 g o n y o m al information about the Page 10 of 15 Pages to the county clerk. The be issued while waiting for that concerns the applicant’s that concerns re the applicant resides. The ant has ten days to appeal the number appearing on a license, number appearing he local police or county sheriff; the Department of State Police, or would amend the Freedom o the Freedom would amend by the state police while the other is or. In such cases, if the application Both sets are checked against existing s, the completed application form must Act (MCL 15.243) to exempt the name 15.243) to exempt Act (MCL possession, use, or control of a firear possession, use, or y prosecuting attorney, the county sheriff, y prosecuting attorney, son within the rules provided by state law. under oath. Depending upon where th under oath. Depending upon where weapon (CCW license or permit) a perso that the comparisons of the fingerprints d ard. The board is required to meet at leas ard. The board is required to meet at r his or her representative is the chairperson and the applicant must indicate his or he and the applicant must indicate his or for a felony during the eight years preceding ication. A temporary permit for a period o a report from the state police and the FB oncealed weapon licensing boards is made up oncealed weapon licensing s prohibited from issuing a license unless i for needing a CCW permit and sign th for needing a CCW permit and sign application, or registration relating to a application, or registration nt and reports are sent led These boards have the exclusive authority t These boards have the exclusive authority oved by the applicant’s local chief of police or oved by the applicant’s local chief of police ill out and submit an application to the count ill out and submit an application to the Michigan’s current system, each of the 8 Michigan’s current Bill 4545

i per month and at other times at the call of th per month and at other times at the call r an applicant a license to carry a concealed pistol an applicant a license to carry a concealed it, f authorized representatives. The prosecutin

ives the director of order to receive a license or permit to carry order to receive a license or permit show that the applicant was convicted of o ir appl comparison reports. The Department of Stat the bo asons addition, the applicant must have two sets o dicating individual’s public record. from disclosure as a to carry a concealed pistol to carry a by the applicant. history, if requested mental health House Information address, and telephone perm INFORMATION: BACKGROUND Unde county c of the count and the chair. concea attorney o of once grant on their per In must sheriff for the county whe application forms require gener applica re application applicant reside be appr township supervis is not approved the applic objection in writing to the licensing board. In Police retains the fingerprint cards. fingerprints taken by t one set is checked sent to the FBI. records rece in not confined the not more than 30 days may the board t l l l , f . r r s s s e e a a e e o y n n o L m House or from a hunting to another. ace of repair to his or ace of repair to his House Bills 4534 and , and to establish a fund to erson carrying an unloaded erson carrying e disposition of firearms that he person has a valid hunting he person has a valid end Section 239 of the code to information in an application ttorneys for the expenses incurred reimbursements would be made to under the provisions of House Bill rearms act (MCL 28.425g). House House Bills 4533, 4538, and 4545 that it was unloaded, in a wrapper or would amend the handgun licensur would amend the Open Meetings Act eited Firearms. code would be subject to the forfeiture lls would amend the same section of the concerning concealed weapon license

4538 under Section 231a of the Michigan Pena 231a of the Michigan under Section county prosecuting attorneys for expense would amend the code to specify that an would amend the weapon under certain circumstances weapon under if the person is going to if the person is going who were legally qualified to own them who were legally qualified to own 2 amend various acts to exempt certai that the director of the Department of Stat that the director of the Department of or proof of valid membership in a pisto or proof of valid

or his or her designee, could conduct one o or his or her designee, could conduct

could carry an unloaded pistol or antiqu could carry an unloaded er, and is in the trunk of a vehicle, is excluded in the trunk of a vehicle, er, and is Bill 4533 15.268) to expand the list of conditions unde , a public body may meet in closed session t

e, from which House Bill 4534 would amend Section 239 o House Bill 4534 would amend Section or antique firearm, which is wrapped or in firearm, which is or antique public auctions to sell forfeited firearms t public auctions to sell forfeited firearms : Both bi would amend the Michigan Penal Code (MC would amend the Michigan Penal Code the current prohibition against carrying prohibition against the current provisions of the Open Meetings Act and th prosecuting crimes involving the unlawfu se target shooting area or an antique firear target shooting area code to specify that a concealed pistol carried i code to specify that a concealed pistol ch 453 ol been forfeited er Provisions. home or place of business, or is moving good home or place of m

(28.434) to establish a Firearm Law Enforcemen 30. rson

ooting-range facility; or if the person is going from ooting-range facility;

Note Analysis available @ http://www.michiganlegislature.org involving firearm crimes. Hou (MCL whi include consideration of would reimburse or if t demonstration or sale; licens code) Oth Freedom of Information Act act Fund, county prosecuting a in pe 4535 violation of the information fro Bill 45 provisions of the fi Currently, 750.231a), a p Code (MCL pist contain from concealed including sh or from a pl the place of purchase her firearm provided 750.239) to provide for th had the Bill 4535 would also am specify Police ( possession, use, or distribution of firearms. House Bill container, and in the trunk of a vehicle. container, and in the trunk of a vehicle. Disposal of Forf from one place of abode or business from one place of abode more persons House Bills 4530, 4532, 4533, 4534, 4535, 4537, 4538 and 4545 (6-8-99) l f , r r e e e e e e e n o d y h n d House Bil and the DSP d $12,000 in annual it determines that the ed for each applicant: the regulations specified Page 11 of 15 Pages e Bill 4532, 4533, 4534, e licensee and a list of any e licensee and a list be revoked without a written Hous would have no fiscal impact. addition, approximately $112,000 ing the license have ceased to exist or ing the license have ffset the cost of processing each set of earing by the board with at least seven ult in an indeterminate increase in state Between $975,000 and $3.9 millio

rocess and store CCW license application from a magistrate that the license holde from a magistrate costs for the database: $40,000 annuall police officer at the officer’s request. The at the officer’s police officer to the House Fiscal Agency, to upgrade the department’s computerize ates that there would be 25,000 to 100,000 for CCW licenses in the first year. Eac or her license on his or her person whil on his or her or her license

r has been convicted of a felony. The board r has been convicted "shall-issue" legislation in recent years, th a concealed weapon and must show th weapon and a concealed restrictions. A pistol carried in violation o restrictions. A pistol

nts itself contains identifying information contains identifying itself incur costs to enforce on the experience of other states that hav and revenues. The Department of State Polic and revenues. The Department of State the bill. In receiving a license, the licensee is required t a license, the licensee receiving his rding notice to the licensee by personal service o notice to the licensee by personal service

d would res gun boards for delivery to the FBI erating also revoke a license when also revoke a license fication the license holder is unfit to carry a conceale the license holder been convicted of violating any provision of th been convicted of rying background checks. The HFA estimates that th license may be revoked by the board upo license may be cense has license, o may reasons for grant that pistol. A license may not days’ A noti address. registered mail to his or her last known the act is subject to seizure and forfeiture. the act is subject to 4537, 4538, and 4545 carrying 4530 After carry li of th including a thumb print complaint and h FISCAL IMPLICATIONS: Acco costs fingerprints. car license to a would under in costs would be incurred as follows: *$60,000 adopted HFA estim applica $39 fee would o database to p records, *Op for one additional FTE position, an maintenance costs. In addition, costs would be incurr Base applicant would have to submit fingerprints to county local for would be received in fees. The HFA estimates that t r r s e e e a e e e h d y g n n d h d g allowing a a new application ts handgun ownership, a pistol during the course a pistol during the . Three dollars go to the state es the applicant of the time and es the applicant cense is $10, which is paid only home, bank, and business permits home, bank, and business meeting at which the applicant is to which the applicant meeting at a concealed weapon, and is a suitable tion entered into the Law Enforcement : is under the age of 18, is not a United board is prohibited from issuing a license Network (LEIN) system for any of th Network (LEIN) system for any of and the fingerprint report, and interview report, and and the fingerprint while the other seven dollars go to th or has other proper reasons for having Restrictions as the board deems necessar Restrictions as the and the interview is completed, the boar and the interview to carry a pistol without restrictions or wit to carry a pistol without general fund. A license is valid for thre

At the meeting, the board reviews th meeting, the board At the allowing the licensee to carry a pistol to an allowing the licensee omestic violence or anti-stalking restrainin ’s the preceding eight years, or be subject to a the preceding eight years, or be subject inding of legal incapacity under the Revise inding of legal incapacity under the to carry ts rty, r. citizen, or has resided in the state for less tha citizen, or has resided in the state for receiving the application and the fingerprin the application and receiving and can be renewed by filing wed on the request. A majority is required fo on the request. types of licenses: target, range, and huntin types of licenses: reason to fear injury to his or her person o urer, convicted of a felony in Michigan or elsewher convicted of a felony in Michigan or ication ng tes ormation ee y be placed upon the license. There are generally y be placed upon the months. In addition, the applicant cannot hav months. In addition, the applicant licensing od employment; and general carry permits employment; and general involuntary commitment under the Mental Healt involuntary commitment under the Mental addition, the board must find that the applicant has a

e applicant. After the applicant’s qualifications are e applicant. After censee

a f a d a finding of not guilty by reason of insanity. a condition of bail that prohibi n from shooting sites; to carry allowing the licensee of li permi only limited restrictions. A thr to anyone who Sta m six votes approval. been duri Analysis available @ http://www.michiganlegislature.org order or disposi Inf if the license is approved treas person to have such a license. The current fee for a li following: C I go license county years and paying the $10 fee. or C Code, C Probate Code, C order, C prope Upon th revie reports, the board notifi reports, the board’s date of the appea appl House Bills 4530, 4532, 4533, 4534, 4535, 4537, 4538 and 4545 (6-8-99) t l l . f , . s e a e e e e a e e e y h 1 p y o y d n y w w supported by not tically in places with Page 12 of 15 Pages olls indicate that the concept pped during the time period of the e a gun in the home can be used to the home can be used e a gun in Criminals are less likely to engage in Criminals are less likely benefits not only those citizens who are benefits not only those the study also fails to note that overal of the bills could be that an eas by the fact that during the same tim during this time period. According to during this time period. According to to end with would-be attacker fleeing than to end with would-be of guns in purses, pockets, and in glov . However, allowing more honest citizens . However, allowing y nine states allowed their citizens to carry by representatives from the Office o robberies or rape with a gun are half a robberies or rape with a gun are half to some studies, confrontations wit to some studies, hildren being intentionally and accidentally it is of little help when a person is awa help when a person it is of little weapons. Currently, though, there are 3 weapons. Currently, though, there are

also serves to protect those who choose not also serves to protect However, according to testimony presented where the would-be victim has a gun ar where the would-be of Michigan adults. Moreover, on

ls stem from the philosophy that any la activity where the risk has increased that th activity where the murder by 8.5 percent and severe assault b murder by 8.5 percent and severe assault that, of the states included in the study, onl that, of the states included in the study, citizen should be able to carry a conceale ity of Chicago study, concealed handgun laws ity of Chicago study, concealed handgun ing people on demand is had a significant drop in its crime rate had a significant drop in its crime uence to put themselves at risk whenever they leav at risk whenever to put themselves Finally, conclusions drawn by the study ar Finally, conclusions drawn by the study dicted homes. Without a CCW permit, people ar a CCW permit, homes. Without that allow citizens to carry concealed weapons bility ity scare off, or, if necessary, wound or kil or, if necessary, scare off, dro of these states have seen their crime rates would lead to more guns being lost or stolen strict concealed carry laws, like Boston, Ne strict concealed carry laws, like Boston, rding

ng

ders, shots being fired. Further, those who resis shots being fired.

bil University of Chicago study fails to take int University of Chicago study fails to he House Conservation and Outdoor Recreatio uced ount ced nificantly minals arm orida t carry guns carry a gun. for of major one’s person. Whil one’s person. deter, intru Many Attorney General, recent p and more c victimized by them. This is especially frightening from their homes to armed but to criminal have a gun. intended victim might Acco more likely Univers red The abidi weapon. to Committee boxes cri with attempted be injured. likely as their unarmed counterparts to In 1996 onl concealed states sig 7 percent from 1977 to 1992. Response: The acc Fl Furthermore, crime rates have dro study. availa contra period murder rates also fell drama very York, and Los Angeles. Against: conseq t t r r s e e a e e e e e a e n n y n g o n n n w create a would result i would result chigan citizen has the know why it was denied application should have been to eliminate the current arbitrary to eliminate the current House Bill 4535 House Bill en of proving that its denial of the revenue to the state from auctions a the state from auctions revenue to over the current process, creating e a license. If the license was denied, a e a license. If the license was denied,

are denied are never told why th

lose ties to the members of the gun board of former police officers and judges o of former police officers and judges a was not approved, nor are they given to contest the board’s decision. Thi best means of self protection is to own fair, and impartial opportunity to obtain a fair, and impartial opportunity to obtain

says that says that Many supporters of the bill assert that i Many supporters It should be changed to place the burden on It should be changed to place the burden Under the current system, approval of a Under the current to bear the burden of showing that the to bear the burden of showing that

is entirely different from any other licensin citizens fair warning about the criteria to b s. was for a valid reason. The bills are a vas on the gun board rather than any objectiv on the gun board that is objective and uniform throughout th be granted a license and most people whos be granted a license and most people nd allowing citizens due process and a right t counties the applications of deserving peopl counties the applications of deserving applying what criteria they needed to meet i applying what criteria they needed to

ss permit. Law-abiding citizens would kno permit. Law-abiding citizens would

outinely granted. In addition, applicants ar outinely granted. In addition, applicants red uniform, and therefore more fair, basis fo uniform, and therefore more fair, erminate

been rejected for no good reason, while th been rejected for no good reason, a cation for a permit can often depend on who you cation for a permit of the e HFA bills are needed capricious system of issuing concealed weapo capricious system e nse could appeal the denial and have a court hear and roved. As with all other licenses, the government r e, placing the burden of proof on the government, government rather than the citizen and to government rather than the citizen and portunity plications ould Analysis available @ http://www.michiganlegislature.org (Analyses dated 4-23-99 and 5-12-99) dated 4-23-99 and (Analyses ARGUMENTS: For: The applications application appeal the decision of the board. For: One gun, and an even better means is to carry a gun on and license appli know sh op proce process. the mor The indet be sold. firearms would which forfeited grounds. requi giving met, some others with c are deciding who should be granted a license. The bills will assure that every Mi same equal, CCW hav ap before lice improvement system stat decide whether or not the would have the burd order to receiv citizen would have the right to and app House Bills 4530, 4532, 4533, 4534, 4535, 4537, 4538 and 4545 (6-8-99) t t t t , r s e c a e e y y y y o h der the age of 20, on ct (FOIA). The MPA 59 percent of students in 59 percent of students Page 13 of 15 Pages portance since House Bill ecord under the provisions lso notes that the press was the ndguns are present in one out of present in one out ndguns are new licensing process was effective "catch-all" provision that would allow on a CCW license application or permi is would prevent the public from knowing under House Bill 4545, information on under House Bill 4545, information if they needed it; and one-third of these said if they needed it; and or friends occur in suicides, non-justifiabl a concealed weapon in Wayne Count Members of the press should be allowed t icensing boards to deny a permit for variou e, people die in the U.S. from gunshot wounds 6 through 12 reported that they knew where to 6 through 12 reported license application or permit would be exemp Health Committee of the Wayne Count Committee of the Health very instance in which a gun at home is used to very instance in which a gun at home is l ritten, the bills contain several provisions tha ritten, the bills contain several provisions the Michigan Press Association (MPA). Fo the Michigan Press Association (MPA). re than half of handgun owners report that the re than half of handgun ic the guns unlocked at home; and many repor the guns unlocked proximately 1.2 million latchkey children hav proximately 1.2 million this information so that the public can b ons. entity to point out that there were problems wit in self-defense, 43 fatal shootings of famil in self-defense, 43 fatal shootings rying rm w ar formation a gun in the home increases the risk of domesti a gun in the home increases the risk ould be exempt from disclosure under FOIA. The 5,264 children age 16 and under were charged with 5,264 children age 16 and under were mo 102 ap

in a 1993 national survey, in a 1993 national it is estimated that ha it is estimated for e Publ Medical Society, makes note of the following: makes note Medical Society, C in the U.S., four homes C keep between 1990 and 1998, C keeping guns loaded and readily available, keeping guns loaded C car including 15 children and teens un access to guns when they come home from school, access to guns when C grades get a gun C an average day, members homicides, and accidents. C kill from disclosure as a public r of the Freedom of Information A notes that th whether or not the or not. This is of special im 4350 contains a CCW reas he first sh homicide threefold, C Against: As CCW informed. (The MPA a current licensing restrictions.) Response: In they could get a gun within an hour, ala exampl l , . . ; r s e e e e e e " 3 n y d n 9 d n au of Investigation current restrictions, , which reported that , which reported ging opposition to the ghest firearm fatalities in CW laws at that time had oday f the survey is accurate, then f the survey is accurate, e of the 1993 Brady Handgun ool year, and that 51 percent of ool year, and that 51 s pocket or her purse would see s pocket or her purse USA T letter directed to members of the dents had carried a gun to school dents had carried a they, too, could not protect themselves they, too, could not voters in Missouri have recently rejected le to believe that young people who see a le to believe that young smaller drop in the crime rate betwee states with liberal gun laws experienced a states with liberal gun laws experienced not having a permit could be a mer not having a permit that everyone may carry a conceale that everyone may to the testimony, the three states with th to the testimony, the three states with governors in Ohio and Colorado hav in recent years. In fact, this decreas Prevention Act, or "Brady Law. Prevention Act, or "Brady

are the third leading cause of death fo third leading cause are the promised to veto any CCW bills that ar n recognition of the fact that strict CCW laws d appear that, as noted in the testimony, th significant decrease in youth gun violence i significant decrease in youth gun violence in states with strict laws. In addition 2-year low, the crime rate has dropped for the 2-year low, the crime rate has dropped to pass a bill similar to House Bill 4530 laws decreased by three percent, versus 4. laws decreased by three percent, versus he rate of violent crime for states with libera he rate of violent crime for states with a liberal gun laws -- Louisiana, Nevada, an liberal gun laws -- Louisiana, Nevada, t rding ent 4.4 percent for the states with strict CCW laws 4.4 percent for the states with strict CCW testimony also notes that the nation’s murder rate testimony also notes that the nation’s murder are attempting to fix a system that isn’t broken ntly six years, and Department of Justice statistic six years, and Department of Justice students had threatened to harm a teacher and 6 students had threatened

rime rate decrease of 2.1 percent, in compariso rime rate decrease of 2.1 percent, in h U.S.

e testimony also included the results of a survey of results of a survey also included the e testimony ls earms carrying a gun. Once it becomes generall carrying a gun. BI) uniform crime reports, the testimony noted that BI) uniform crime reports, the testimony gnificantly woul h c F Analysis available @ http://www.michiganlegislature.org when one considers that, even with considers that, even when one fir five and fifteen. the ages of children between T by students conducted nearly one million stu during the 1997-98 sch the show the coincides with the passag percent another student. I percent another student. it is reasonab hi parent put a pistol in Violence no reason why by weapon, technicality to an adolescent. The is at a 2 past Conversely, si and CCW perc acco most bil In fact, i are effective, efforts Similarly, rece presented to them. Against: In an April 28, 1999, acceptable 1996 and 1997. Citing Federal Bure Alaska -- had the country’s hi during 1996. It a ( the 29 states that had liberal C wit Oakland Medical Society encoura bills, Dr. Barbara Meyer Lucas, Chair of the House Bills 4530, 4532, 4533, 4534, 4535, 4537, 4538 and 4545 (6-8-99) t t l f , f , f . , f r r s e e e e y d h d n failure to have of the privileges of Page 14 of 15 Pages who do not obey the laws, iminal activity of persons with hat all they wish to do is allow policy for providing concealed ens being given licenses. Even ails to take into account a number of into account a number ails to take not involve the use of a weapon, nor not involve the use Furthermore, many of the more sever Furthermore, many , of the 1,477 murders, only six involved citizens to carry guns. Unfortunately, the citizens to carry guns. Unfortunately, described as an abuse described as an abuse would have been to look at the number of would have been to f the crimes involve activities that could be f the crimes involve really has no bearing on Texas’ conceale when weighing the reasonableness o when weighing the reasonableness weapons permits is an extremely smal weapons holders; of 8,376 forcible rapes

iss the findings of the report as irrelevant , the results of the study, when taken i of a CCW license increases the risk tha license increases of a CCW are somewhat exaggerated; a bette are somewhat of the weapons-related offenses for whic of the weapons-related were committed by CCW licensees; and o the crimes committed by the possessors o the crimes committed by the possessors First, of the 946 arrests, nearly 30 percen First, of the 946 allows for concealed weapons licenses to b allows for concealed weapons licenses e of the overall number of crimes committed aggravated assaults, only 234 were committed s licenses. Supporters of more liberal policies s licenses. Supporters of more liberal ne on a rampage with his or her conceale

e none of these less-than-law-abiding licensee holders were arrested were for holders were arrested ense. Therefore, most of the criminal activit ense. Therefore, most of the criminal cited did license in their possession. Therefore, th license in their possession. study shows that without further precautions d in dropped charges or acquittals. Second, 20 d in dropped charges issue" laws result in a fairly large number o issue" laws result in a fairly large number so s ictions. on ealed

ess 18 go lic carrying concealed weapons often support thei carrying concealed weapons often support dism apon, the fact remains that clearly the "shall issue" apon, the fact remains that clearly the "shall mbers other gun violence, is illogical. The crimes ar other gun violence, is illogical. The e Texa issuanc law abiding citizens. not only include licensees will license their comparison adopting a "shall issue" weapon for arguments by asserting t "shall not-so-law-abiding citiz though nu conv or significant has w proc thus putting the general public at greater risk. described To becaus shootings CCW licenses have not as yet been random put into the hands of people percent the Response: Even Response: study f The Texas factors. resulte crimes did many o realistically weapon licensing policy. Rebuttal: law abiding context, show that the cr conc porti For example concealed only 80,613 by CCW licensees. t t f r r a e e e e e e n d h o o d 3 4 in spite who have only the selves against criminals. selves against a set forth in the bill. The -- one for murder, one for rrent system allows for local studies in Texas, where laws in the bills have already been standards from one county to ould let them know who was -- know who was ould let them argument is "solved" by the use he bills, although ameliorated by duced as a means of allowing law- means of allowing duced as a dence if the information were used dence if the information . Although the eight-hour training sed accidents with large numbers of states clearly show that requiring the a "shall issue" state. The gun boards if enacted, the bills will simply lead t would be an improvement if thos g requirements and other restrictions, will it makes no sense to give criminals ope no sense to give criminals it makes stood alone, it should be noted tha stood alone, it should be noted and serves to limit the possession of suc and serves to limit the possession of weapon licenses, 946 were arrested -- 26 weapon, since he or she would then b weapon, since he murder and seven for aggravated assaul

rent CCW permit should be retained. Th rent CCW permit out of the 151,433 people who were issue and accidents still happen; imagine th and accidents still happen; imagine emely unlikely that a criminal would fill out a emely unlikely that is because the need is different from on is because the need is different from requirement that a person seeking a licens requirement that a person seeking a led t weapons-related charges and 215 were fo fore, request to find out if a person owned request to find aled sions some need for the license is far safer fo some need for the license is far ed, Michigan eration of guns on the streets, and an "old west"

irement hermore, he training requirements, increase the risk o he training requirements, increase the A felonies. Of the 683 misdemeanor arrests, 19 cur proliferation of gun ownership will also, proliferation of gun ownership will also, be required to issue a concealed pistol license t be required to issue a concealed pistol who was not -- carrying concealed weapons an not -- carrying concealed who was

h a deadly weapon. The experiences in Texas and ining d other ntrol over who gets to carry a concealed weapon in ntrol over who gets to carry a concealed t a gun. According to o Analysis available @ http://www.michiganlegislature.org access to records that w access to records an to commit crimes. possibly use the information Rebuttal: It is extr bills have been intro bills have to protect them abiding citizens There FOI leaving a trail of evi curren show everyone of need. licenses to those who can prove a degree The of accidental shootings requ an conce to commit a crime. Against: The reason there are different county to another. The cu c that county. Worse, t anyone who meets the criteri provi of firearms members of the police force receive years tra potential for increa persons carrying concealed weapons required eight hours of training. Furt enact prolif mentality where every of similar to those proposed concea for were driving while intoxicated. Family violence was involved in 42 of the arrests attempted some trainin make will wit no doubt in other House Bills 4530, 4532, 4533, 4534, 4535, 4537, 4538 and 4545 (6-8-99) l s n e Analyst: R. Young e (MCC) opposes the Page 15 of 15 Pages prepared by nonpartisan House staff for use by members in their deliberations, and does not constitute a Michigan Partnership to Prevent Gun Violenc Michigan Partnership

Department of State Police opposes the "shal of State Police Department Michigan Press Association (MPA) oppose Michigan Press e use This analysis was official statement of legislative intent. House Bill 4545. (5-17-99) The The # Ho bills. (5-13-99) the bills. (5-17-99) (MPPGV) opposes Th 3540. (5-17-99) of House Bill issue" provisions Conferenc The Michigan Catholic t t t t , f r e e e e n d n d o n n o o de nov and local from gun licensing tainly involve more time tainly involve more e available to compensate l Association supports the units of government to reduce these ing an appropriation. House Bill 4533, applicants a written explanation of th ions require new activities or increase the ions require new activities or increase attorneys be removed hearing would cer House Bill 4533 is overly vague. The bill House Bill 4533 is overly vague. The several other provisions may also creat several other provisions be enacted, PAAM would request tha mandate in violation of the provisions o mandate in violation mandates, although to a lesser extent -- fo mandates, although the requirements that the local police an the requirements that opposes the bills. Moreover, should th to local of review, would require the gun board t would require the of review, only that deposits into the proposed fun only that deposits into the proposed chigan Fraternal Order of Police does no departments distribute "concealed weapo departments distribute 9, Section 29 of the state constitution. I 9, Section 29 of the funding from the state, could impose a funding from the the circuit court that the license was properly court that the license the circuit t

would establish a Firearm Law Enforcemen than is required under the current system and than is required under should require that money from the fund b should require that money from the . Proving the propriety of the board’s decision . Proving the propriety ded ple, ard be received from any source." There is n be received from any source." There le e h of activity for the local units of governmen d, Mi "shall issue" provisions, along with the provisions, along "shall issue" Prosecuting Attorneys Association of Michiga de novo uccessful expense for prosecutors, circuit courts, expense for prosecutors, el e e Michigan Coalition for Responsible Gun Owners funded AAM) ecifies her county prosecuting attorneys’ expenses or local her county prosecuting attorneys’ expenses gislation h exam sheriff give application kits", and that the board immediately uns addition, un denial. These provis lev without provid whic Fun provided support the bills as written. (5-17-99) costs. Response: As written, sp eit units of government. POSITIONS: The Michigan Rifle and Pisto bills. (5-12-99) T (MCRGO) supports the bills. (5-17-99) Th The "may guarantee that any fund will b (P boards. (5-17-99) Artic le prosecuting Analysis available @ http://www.michiganlegislature.org polic at a and withou unfun denied Against: The stand prove to