Sunday, April 12, 2009

Michigan Concealed Pistol License: Carry Privilege Suspensions

According to published data on the Michigan State Police web site, 2,713 Michigan Concealed Pistol Licenses (CPLs), as of April 6th, 2009 have been suspended by Michigan County Gun Boards this year. In fact, a total of 1,580 CPL suspensions, representing more than 58% of the total number of CPL suspensions state-wide, occurred in the tri-County area: Wayne (928), Oakland (635), and Macomb (317).

PA 381 of 2000, specifies several events that either will or may cause trigger a suspension of a CPL licensee's privileges. This article will enumerate and specify those antecedents in an effort to inform metro Detroit licensees about how easy it is to be subject to a suspension of concealed carry privileges. CPL revocations are outside of the scope of this article.

Antecedent 1: CPL Licensee Is Criminally Charged
If a CPL licensee is either charged with a felony, a specified misdemeanor listed in PA 381 of 2000, or both, the County Gun Board SHALL immediately suspend the licensee's CPL until there is a final disposition of the charges. The County Gun Board will send notification of the suspension via certified mail to the licensee's last known address according to its own internal records. The notice will also inform the licensee of his right to have a prompt hearing on the suspension if it is requested in writing.

Antecedent 2: CPL Licensee Is Suspected Of Being Dangerous
If a CPL licensee is suspected of either being dangerous to himself or another person because of clear and convincing evidence based on specific articulable facts the County Gun Board SHALL immediately suspend the licensee's CPL until a revocation hearing is conducted. The County Gun Board will send notification of the suspension via certified mail to the licensee's last known address according to its own internal records. The notice will also inform the licensee of his right to have a prompt hearing on the suspension if it is requested in writing.

Antecedent 3: CPL Licensee Violates A Pistol-Free Zone (First Off.)
If a CPL licensee is found responsible for violating a pistol-free zone, as a first offense civil infraction, the court of jurisdiction SHALL order that the respective County Gun Board suspend the CPL licensee's concealed carry privileges for six months.

Note 1: Subsequent violations of Pistol-Free Zones are not civil infractions.

Antecedent 4: CPL Licensee Refuses Chemical Analysis
A CPL licensee may be required to submit to a chemical analysis by a law enforcement officer if there is probable cause that he is carrying a concealed pistol with an unlawful blood alcohol content (BAC) of at least .02 or higher.

A licensee may refuse to submit to the analysis and as a result of that refusal the law enforcement officer SHALL inform the CPL licensee that a court order MAY be obtained to force his compliance to the analysis AND that he MAY have his concealed carry privileges suspended or revoked as a consequence. If the CPL licensee still refuses to submit to the analysis, the law enforcement officer SHALL promptly notify the County Gun Board of record of the licensee's refusal in writing.

The County Gun Board MAY, as a result of the licensee's refusal to submit to a chemical analysis, notify the CPL licensee that a revocation hearing will be conducted to consider sanctions - a suspension or revocation - against his concealed carry privileges. A notice of a hearing SHALL be provided to the licensee with at least 10 days' advance notice and SHALL be made via certified mail at the licensee's last known address according to its own internal records.

Antecedent 5: CPL Licensee Fails To Disclose Status
If a CPL licensee does not immediately disclose to a law enforcement officer, during a traffic stop, that he is lawfully carrying a concealed pistol he may be found responsible for state civil infraction which MAY result in a fine, a six month CPL suspension, or both.


Note 2:
Subsequent violations of failing to disclose CPL status to law enforcement officers during traffic stops SHALL cause the CPL to be revoked.

Antecedent 6: CPL Licensee Gets Three Civil Infractions
If a CPL licensee is found responsible for violating three or more state civil infractions - defined in PA 381 of 2000 - within one licensing period, the County Gun Board SHALL conduct a hearing and MAY suspend the licensee's concealed carry privileges for not more than one year. A notice of a hearing SHALL be provided to the licensee with at least 10 days' advance notice and SHALL be made via certified mail at the licensee's last known address according to its own internal records.

State civil infractions defined in PA 381 of 2000 are listed as the following:
  1. Carrying In A Pistol-Free Zone (First Offense)
  2. Carrying A Concealed Pistol Without Possession of CPL ID
  3. Failing To Display Driver's License And CPL To Law Enforcement Officer Upon Request
  4. Failing To Inform Law Enforcement Officer During A Traffic Stop Of Possession Of A Concealed Firearm
  5. Carrying A Firearm With A BAC Between .02 And .08
  6. Refusing To Submit To A Chemical Analysis


Note 3: Carrying a firearm with a BAC of greater than .02 and less than .08 MAY result in a CPL revocation, which is beyond the scope of this article.

Note 4: Refusing to submit to a chemical analysis MAY result in a CPL revocation, which is beyond the scope of this article.
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