Saturday, October 4, 2008

Michigan Concealed Pistol License: Applicant Qualifications

On January 1, 2002 the state of Michigan transitioned from a "may issue" policy to a "shall issue" policy with respect to the issuance of Concealed Pistol Licenses (CPL), as a consequence of the enactment of Public Act 381 of 2001. Previously, CPL applicants had to show a need and meet other unspecified and discretionary criteria, as established by the county gun board in which the applicant resided.

Currently, the CPL licensing standards are no longer arbitrary. In essence, all CPL applicants that meet state's statutory requirements "shall be" issued a CPL. The current requirements are significantly more stringent than those that existed under prior law, however an applicant now has the ability to know with almost absolute certainty whether he can be issued a CPL.

All Michigan CPL Licensees must be either a US citizen or a Resident Alien, a Michigan resident of at least six months, have completed a qualified Basic Pistol Safety Training Class, not be subject to a Personal Protection Order (PPO) or a pending felony charge, not be prohibited under federal law from posessing a firearm, not be dishonorably discharged from the armed services, and not be subject to a conditional bond release where firearm possession is prohibited.

The next set of requirements that a CPL applicant must meet are related to his ability to pass the state's background check. In almost all cases (there are a few extenuating circumstances), a felony conviction or a misdemeanor domestic violence (DV) conviction at any time will automatically disqualify the applicant until the offense is expunged, set-aside, or pardoned - if possible.

Also, the CPL applicant must not have been convicted of any of the following misdemeanor offenses eight years prior to the submission of his CPL application:
  • OUIL or OWVI, Locomotive (MCL 462.353)
  • Drunk Driving, Commercial Vehicle (MCL 257.625m)
  • Fail To Stop - Personal Injury Accident (MCL 257.617a)
  • Reckless Driving (MCL 257.626)
  • OUIL Aircraft, 2nd+ Offense (MCL 259.185)
  • OUIL Vessel, 2nd+ Offense (MCL 324.80176)
  • OUIL ORV, 2nd+ Offense (MCL 324.81134)
  • OUIL Snowmobile, 2nd+ Offense (MCL 324.82127)
  • Drunk Driving, 2nd Offense (MCL 257.625)
  • Driving While License Suspended, 2nd+ Offense (MCL 257.904)
  • Hindering A Weights & Measures Enforcement Officer (MCL 290.629)
  • Hindering Director (MCL 290.650)
  • Possession of Controlled Substance (MCL 333.7403)
  • Displaying Sexually Explicit Matter To Minors (MCL 722.677)
  • Assault Or Domestic Assault (MCL 750.81)
  • Aggravated Assault Or Aggravated Domestic Assault (MCL 750.81a)
  • Entering Without Breaking (MCL 750.115)
  • Fourth Degree Child Abuse (MCL 750.136b)
  • Soliciting Of A Child For Immoral Acts (MCL 750.145a)
  • Vulnerable Adult Abuse (MCL 750.145n)
  • Solicitation To Commit A Felony (MCL 750.157b)
  • Impersonating Peace Officer Or Medical Examiner (MCL 750.215)
  • Illegal Sale Of Firearm Or Ammunition (MCL 750.223)
  • Illegal Sale Of Self-Defense Spray (MCL 750.224d)
  • Sale Or Possession Of Switchblade (MCL 750.226a)
  • Improper Transportation Of A Loaded Firearm (MCL 750.227c)
  • Failure To Have A Pistol Inspected (MCL 750.228)
  • Accepting A Pistol In Pawn (MCL 750.229)
  • Failure To Register The Purchase Of A Firearm (MCL 750.232)
  • Improperly Obtaining A Pistol (MCL 750.232a)
  • Intentionally Aiming A Firearm Without Malice (MCL 750.233)
  • Intentionally Discharging A Firearm Without Malice (MCL 750.234)
  • Possessing A Firearm On Prohibited Premises (MCL 750.234d)
  • Brandishing A Firearm In Public (MCL 750.234e)
  • Possession Of A Firearm By A Minor (MCL 750.234f)
  • Firing Firearm Aimed W/out Malice Causing Injury (MCL 750.235)
  • Parent Of Minor Who Possessed Firearm At A School (MCL 750.235a)
  • Setting A Spring Gun Or Other Device (MCL 750.236)
  • Possessing A Firearm While Under The Influence (MCL 750.237)
  • Weapon Free School Zone Violation (MCL 750.237a)
  • Indecent Exposure (MCL 750.335a)
  • Stalking (MCL 750.411h)
  • Negligent Firearm Use Resulting In Injury (MCL 752.861)
  • Negligent Firearm Use Resulting In Property Damage (MCL 752.862)
  • Reckless Discharge Of A Firearm (MCL 752.863a)

Furthermore, the CPL applicant must not have been convicted of any of the following misdemeanor offenses three years prior to the submission of his CPL application:
  • Operating Under The Influence (MCL 257.625)
  • Commercial Vehicle Driver Refusal To A Chemical Test (MCL 257.625a)
  • Negligently Fails To Comply (MCL 257.625k)
  • Circumventing An Ignition Interlocking Device (MCL 257.625l)
  • Operating A Commercial Vehicle W/Alcohol Content (MCL 257.625m)
  • Operating Aircraft Under The Influence (MCL 259.185)
  • Operating ORV Under The Influence (MCL 324.81134)
  • Operating ORV While Visibly Impaired (MCL 324.81135)
  • Operating A Snowmobile Under The Influence (MCL 324.82127)
  • Controlled Substances (MCL 333.7401 to 333.7461)
  • Operating Locomotive Under The Influence (MCL 462.353)
  • Disorderly Person (MCL 750.167)
  • Embezzlement (MCL 750.174)
  • False Pretenses (MCL 750.218)
  • Larceny (MCL 750.356)
  • Retail Fraud (MCL 750.356d)
  • Larceny - Vacant Building MCL 750.359)
  • Larceny By Conversion (MCL 750.362)
  • Defrauding Lessor (MCL 750.362a)
  • Malicious Destruction Of Property (MCL 750.377a)
  • Malicious Destruction Of Real Property (MCL 750.380)
  • Failure To Obey Police Direction (MCL 750.479a)
  • Receiving Stolen Property (MCL 750.535)
  • Malicious Use Of Telephones (MCL 750.540e)

The last set of requirements that a CPL applicant must meet are related to mental state of mind. Specifically, the state wants some assurances that the applicant does not have a mental illness. As such, a CPL applicant must not fall under any of the following situations:
  • have ever been subject to an order of involuntary commitment due to a mental illness
  • have a diagnosed mental illness at the time the application is made
  • be under a court order of legal incapacity
  • be subject to an order or disposition for any of the following:
    • Mental Health Order
    • Legally Incapacitated
    • Involuntarily Hospitalized
    • Been found not guilty by reason of insanity

Any individual who can meet all of the aforementioned requirements "shall be" issued a Michigan Concealed Pistol License. Why? Because it is the law!

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