Sunday, November 30, 2008

Michigan Concealed Pistol License: Licensee Duties

With a Michigan Concealed Pistol License (CPL), a duly licensed person has the authority to carry a concealed pistol "on or about his person" in the state of Michigan. Obviously, this privilege greatly enhances a person's ability to defend himself in a variety of situations. However, once a person applies for and is granted a CPL, he has implicitly agreed to honor several statutorily defined duties as specified by PA 381 of 2000.

This article will enumerate the aforementioned duties of CPL licensees and specify the consequences of being "found responsible" for any violations.

Duty 1: Possess License When Carrying Pistol Concealed
CPL licensees must have their state issued Concealed Pistol Licenses in their possession at all times they are carrying a concealed handgun. If they are not carrying their pistols, on a concealed basis, they do not need to have physical possession of their permits.

Some licensees don't carry daily and keep their permits in their range bags. As a practical matter, licensees should place their permits in the same location they normally keep either their Driver's Licenses or State IDs. This way, they'll never have to worry about forgetting it when they decide at the last moment to conceal carry their pistols.

Failure to adhere to this duty may cause CPL licensees "to be found responsible" for a state civil infraction which carries a maximum fine of $100. Further, the CPL licensee's handgun MAY be subject to immediate seizure.

Duty 2: Present ID To Law Enforcement Officers Upon Request
CPL licensees, upon request by a law enforcement officer, must present to the law enforcement officer both of the following:
  • Driver's License or State ID
  • Concealed Pistol License


Failure to adhere to this duty may cause the CPL licensee "to be found responsible" for a state civil infraction which carries a maximum fine of $100. Further, the CPL licensee's handgun MAY be subject to immediate seizure.

Duty 3: Immediately Disclose Status As CPL Licensee
Upon being stopped by a law enforcement officer, a CPL licensee must immediately disclose that he has a permit, despite the fact that this info is recorded in Michigan's LEIN System and is tied to his vehicle registration and Driver's License.

Failure to adhere to this duty may cause the CPL licensee "to be found responsible" for a state civil infraction with the following penalties:
  • For the first offense, a fine of not more than $500, or a six month suspension of CPL privileges, or both.
  • For a second or greater offenses, a fine of not more than $1,000 AND a revocation of CPL privileges.


Further, the CPL licensee's handgun MAY be subject to immediate seizure.

Duty 4: Honor Pistol-Free Zones
CPL licensees with restricted permits are not allowed to enter statutorily defined Pistol-Free Zones while armed. Pistol-Free Zones, in the state of Michigan, are defined as the following:

  • Bars
  • Large Entertainment Facilities
  • Religious Facilities
  • Hospitals
  • Casinos
  • University Dormitories and Classrooms
  • Sports Arenas and Stadiums
  • Child-Care Facilities
  • Schools and School Property


Failure to adhere to this duty may cause the CPL licensee "to be found responsible" with the following penalties:

  • For the first offense, the licensee will be guilty of a state civil infraction with the penalty being a fine of not more than $500 AND a six month suspension of CPL privileges.
  • For a second offense, the licensee will be guilty of a misdemeanor with the penalty being a fine of not more than $1,000 AND a revocation of CPL privileges.
  • For a third or higher offense, the licensee will be guilty of a felony with the penalty of imprisonment for not more than four years, or a fine of $5,000, or both. Further, the CPL WILL be revoked.


Duty 5: Have Lawful BAC While Carrying Pistol
CPL licensees must not have a blood alcohol content (BAC) of greater than 0.02 or be under the influence of a controlled substance while carrying a concealed handgun. If a CPL licensee wants to have a drink while in possession of a pistol, he must properly secure and transport his firearm in the same manner as he would be required as if he didn't have a CPL: unloaded, separate from ammunition, in a locked case, and physically in the trunk.

Failure to adhere to this duty may cause the CPL licensee "to be found responsible" with the following penalties:

  • If the CPL licensee had a BAC of greater than 0.02 but less than 0.08, he would be guilty of a state civil infraction and be subjected to a fine not to exceed $100. Further, his CPL privileges MAY be revoked for one year.
  • If the CPL licensee had a BAC of greater than 0.08 but less than 0.10, he would be guilty of a misdemeanor punishable by not more than 93 days of incarceration, or $100 fine, or both. Further, his CPL privileges MAY be revoked for not more than three years.
  • If the CPL licensee had a BAC of greater than 0.10, he would be guilty of a misdemeanor punishable by not more than 93 days of incarceration, or $100 fine, or both. Further, his CPL privileges WILL be permanently revoked.


Duty 6: Implied Consent To Chemical Analysis
CPL licensees, upon receiving their carry permits, have consented to being tested via chemical analysis whenever requested by a law enforcement officer. Refusing a test MAY result in the suspension or revocation of CPL privileges. If a CPL licensee refuses to submit to a chemical analysis, the attending law enforcement officer must notify the respective County Gun Board.
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