Ri 012 Form – Fill Out and Use This PDF

RI-012 (01/2019)

Michigan State Police

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•MCL 257.626, reckless driving

•MCL 257.904(1), operating while license suspended/revoked/denied or never applied for a license, punishable as a second or subsequent offense

•MCL 259.185, operating an aircraft while under the influence of intoxicating liquor or a controlled substance with prior conviction

•MCL 290.629, hindering or obstructing certain persons performing official weights and measures duties

•MCL 290.650, hindering, obstructing, assaulting, or committing bodily injury upon director of the Department of Agriculture or authorized representative of the director

•MCL 324.80176, operating a vessel under the influence of alcoholic liquor or a controlled substance, or with an unlawful blood alcohol content, punishable as a second or subsequent offense under MCL 324.80177(1)(b)

•MCL 324.81134, operating an off-road vehicle (ORV) under the influence of alcoholic liquor or a controlled substance or with an unlawful alcohol content, punishable as a second or subsequent offense under MCL 324.81134(8)(b)

•MCL 324.82127, operating a snowmobile under the influence of alcoholic liquor or a controlled substance, or with an unlawful blood alcohol content, or with any presence of a Schedule 1 controlled substance or cocaine, punishable as a second or subsequent offense under MCL 324.82128(1)(b)

•MCL 333.7403, possessing a controlled substance, controlled substance analogue, or prescription form

•MCL 462.353, operating a locomotive under the influence of alcoholic liquor or a controlled substance, or while visibly impaired, punishable as a second offense under MCL 462.353(4)

•MCL 722.677, displaying sexually explicit matter to minors

•MCL 750.81, assault or domestic assault

•MCL 750.81a(1) or (2), aggravated assault or aggravated domestic assault

•MCL 750.115, breaking and entering or entering without breaking

•MCL 750.136b(7), fourth-degree child abuse

•MCL 750.145n, vulnerable adult abuse

•MCL 750.157b(3)(b), solicitation to commit a felony

•MCL 750.215, impersonating a peace officer or medical examiner

•MCL 750.223, illegal sale of a firearm or ammunition

•MCL 750.224d, illegal use or sale of a self-defense spray or foam device

•MCL 750.226a, sale or possession of a switchblade

•MCL 750.227c, improper transporting or possessing a loaded firearm in or upon a vehicle

•MCL 750.229, accepting a pistol in pawn

•MCL 750.232, failure to register the purchase of a firearm or a firearm component

•MCL 750.232a, improperly obtaining a pistol, making a false statement on an application to purchase a pistol, or using or attempting to use false identification of another to purchase a pistol

•MCL 750.233, intentionally pointing or aiming a firearm without malice

•MCL 750.234, discharging a firearm while intentionally aimed without malice

•MCL 750.234d, possessing a firearm on prohibited premises

•MCL 750.234e, brandishing a firearm in public

•MCL 750.234f, possession of a firearm in public by an individual less than 18 years of age

•MCL 750.235, discharging a firearm pointed or aimed intentionally without malice causing injury

•MCL 750.235a, parent of a minor who violates the Firearms Chapter of the Michigan Penal Code in a weapon-free school zone

•MCL 750.236, setting a spring or other gun, or any trap or device

•MCL 750.237, carrying, possessing, using, or discharging a firearm while under the influence of alcoholic liquor or a controlled substance, while having an unlawful alcohol content, or while visibly impaired

•MCL 750.237a, weapon-free school zone violation

•MCL 750.335a, indecent exposure

•MCL 750.411h, stalking

•MCL 750.520e, fourth-degree criminal sexual conduct

•Former MCL 750.228, failure to have a pistol inspected

•MCL 752.861, careless, reckless, or negligent use of a firearm resulting in injury or death

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•MCL 752.862, careless, reckless, or negligent use of a firearm resulting in property damage

•MCL 752.863a, reckless discharge of a firearm

•A violation of a law of the United States, another state, or a local unit of government of this state or another state substantially corresponding to a violation described above

10.Not have been convicted or adjudicated as a juvenile of a misdemeanor violation of any of the following in the three years immediately preceding the date of application and a charge for a misdemeanor violation of any of the following is not pending against the applicant in this state or elsewhere at the time he or she applies for a license:

•MCL 257.625, operating while intoxicated, visibly impaired, under 21 years of age with any bodily alcohol content, or with any presence of a Schedule 1 controlled substance or cocaine

•MCL 257.625a, refusal of commercial motor vehicle operator to submit to a preliminary chemical breath test

•MCL 257.625k, ignition interlock device reporting violation

•MCL 257.625l, circumventing or tampering with an ignition interlocking device

•MCL 257.625m, operating a commercial motor vehicle with alcohol content, punishable under MCL 257.625m(3)

•MCL 259.185, operating an aircraft under the influence of intoxicating liquor or a controlled substance

•MCL 324.81134, operating an ORV under the influence of alcoholic liquor or a controlled substance, with an unlawful alcohol content, with any presence of a Schedule 1 controlled substance or cocaine, or while visibly impaired

•MCL 324.82127, operating a snowmobile under the influence of alcoholic liquor or a controlled substance, with an unlawful blood alcohol content, with any presence of a Schedule 1 controlled substance or cocaine, or while visibly impaired

•MCL 333.7401 to 333.7461, controlled substance violation

•MCL 462.353, operating a locomotive under the influence of alcoholic liquor or a controlled substance, while visibly impaired, or with an unlawful alcohol content, punishable under MCL 462.353(3)

•MCL 750.167, disorderly person

•MCL 750.174, embezzlement

•MCL 750.218, false pretenses with intent to defraud or cheat

•MCL 750.356, larceny

•MCL 750.356d, second or third-degree retail fraud

•MCL 750.359, larceny from vacant structure or building

•MCL 750.362, larceny by conversion

•MCL 750.362a, refuse or neglect to return vehicle, trailer, or other tangible property delivered on a rental or lease basis with intent to defraud the lessor

•MCL 750.377a, malicious destruction of personal property

•MCL 750.380, malicious destruction of real property

•MCL 750.535, buying, receiving, possessing, concealing, or aiding in the concealment of stolen, embezzled, or converted property

•MCL 750.540e, malicious use of service provided by telecommunications service provider

•A violation of a law of the United States, another state, or a local unit of government of this state or another state substantially corresponding to a violation described above

11.Not have been found guilty but mentally ill of any crime and has not offered a plea of not guilty of, or been acquitted of, any crime by reason of insanity.

12.Is not currently and has never been subject to an order of involuntary commitment in an inpatient or outpatient setting due to mental illness.

13.Not have a diagnosed mental illness at the time the application is made that includes an assessment that the individual presents a danger to himself or herself or to another, regardless of whether he or she is receiving treatment for that illness.

14.Not be under a court order of legal incapacity in this state or elsewhere.

15.Have a valid state-issued driver’s license or personal identification card.

B.Federal Requirements

Pursuant to MCL 28.426, a CPL may not be issued to a person prohibited under federal law from possessing or transporting a firearm as determined through the federal National Instant Criminal Background Check System (NICS). Questions regarding the NICS check should be directed to the Federal Bureau of Investigation (FBI) NICS Section at 1-877-FBI-NICS (877-324-

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Michigan State Police

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6427).

Application Process (Standard License)

The applicant must file this application with the county clerk in the county in which he or she resides. The application shall be signed under oath by the applicant. The oath shall be administered by the county clerk or his or her representative.

1.The applicant must also:

•Include a certificate stating that the applicant has completed the required pistol safety training course.

•If an applicant does not have a digitized photograph on file with the Michigan Secretary of State, include a passport-quality photograph.

•Pay all applicable fees. For all non-renewal or non-emergency applications, a $100.00 non-refundable application and licensing fee is payable to the county clerk. The county clerk will provide a receipt for payment of fees.

2.Upon paying all applicable fees and filing the application, the applicant must have classifiable fingerprints taken by the county clerk, state police, sheriff’s office, local police agency, or other entity that provides fingerprinting services.

3.The entity providing fingerprinting services shall issue a receipt when fingerprints are taken so long as the applicant has provided an application receipt. The fingerprinting receipt must contain:

•Name of the applicant.

•Date and time the receipt is issued.

•The amount paid.

•The name of the entity providing fingerprint services.

•The applicant’s state issued driver’s license or personal identification card number.

•The statement “This receipt was issued for the purpose of applying for a concealed pistol license. As provided in section 5b of 1927 PA 372, MCL 28.425(b), if a license or notice of statutory disqualification is not issued within 45 days after the date this

receipt was issued, this receipt shall serve as a concealed pistol license for the individual named in the receipt when carried with an official state issued driver’s license or personal identification card. The receipt is valid as a license until a license or

notice of statutory disqualification is issued by the county clerk. This receipt does not exempt the individual named in the receipt from complying with all applicable laws for the purchase of firearms.”

Note: Possession of a valid receipt of application for a CPL does not exempt the holder from the requirement to obtain a license to purchase a pistol or exempt a firearms dealer from running a background check prior to the sale of a pistol.

4.The entity providing fingerprint services will fingerprint the applicant and immediately forward the fingerprints to the MSP for processing.

5.A completed application and all associated receipts expire one year from the date of application.

6.The county clerk shall issue a license or notice of statutory disqualification within 45 days after the date the applicant has classifiable fingerprints taken.

Pistol Safety Training Course

1.Those required to take a pistol safety training course include:

•All new applicants.

•Persons with a CPL that has been expired more than one year.

Note: The pistol safety training course requirement is waived for a new applicant who is a retired police officer or a retired law enforcement officer as defined in MCL 28.421(1)(o).

2.The pistol safety training course required under Michigan law must be a program certified by this state or a national or state firearms training organization. The training must provide at least eight hours of instruction, including at least three hours of instruction on a firing range, firing at least 30 rounds of ammunition, and at least five hours of instruction in, but not limited to all of the following:

•The safe storage, use, and handling of a pistol including, but not limited to, safe storage, use, and handling to protect child safety.

•Ammunition knowledge and the fundamentals of pistol shooting.

•Pistol shooting positions.

•Firearms and the law, including civil liability issues and the use of deadly force. This portion must be taught by an attorney or a person trained in the use of deadly force.

•Avoiding criminal attack and controlling a violent confrontation.

•All laws that apply to carrying a concealed pistol in Michigan.

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Michigan State Police

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Note: The pistol safety training must have been provided within five years preceding the date of application.

a.The instructor must be certified by this state or a national organization to teach the eight-hour pistol safety training course required by Michigan law. The instructor must provide a certificate of completion containing the printed name and original handwritten signature of the course instructor to the applicant. The certificate of completion must state that the individual successfully completed the course and contain the statement: "This course complies with section 5j of 1927 PA 372."

b.The certificate must also contain, on its face or by attachment, the instructor’s telephone number and the name and telephone number of the state agency or the state or national firearm training organization that has certified the individual as an instructor, his or her instructor certification number, if any, and the expiration date of that certificate.

A person who either grants a certificate of completion to an individual knowing the individual did not satisfactorily complete the course or presents a certificate of completion to a county clerk knowing the individual did not satisfactorily complete the course is guilty of a felony punishable by up to four years imprisonment and/or a $2,500 fine.

CPL Renewal Information

1.An application to renew a CPL may be submitted to the county clerk, through the CPL renewal website at

www.michigan.gov/cplrenewal, or by first-class mail to the MSP, not more than six months before, nor one year after, the expiration of the current CPL. Please make check payable to “State of Michigan.” The mailing address is:

Michigan State Police

Attn: Concealed Pistol License Unit

P.O. Box 30634

Lansing, MI 48909

2.A CPL is valid until the applicant's date of birth that falls not less than four years or more than five years after the license is issued or renewed.

3.CPL holders will be notified that their license is approaching expiration by their county clerk between three to six months prior to the expiration of their current license.

4.Upon paying the renewal application and license fee of $115, the applicant will be issued a receipt. If renewed prior to expiration, this receipt, when carried with the expired license, shall serve as a valid CPL until the new license or notice of statutory disqualification is received. For the purposes of Michigan law, the receipt is considered to be part of the CPL until a renewal is issued or denied.

5.Possession of this receipt and expired CPL does not exempt the holder from the requirement to obtain a license to purchase a pistol or exempt a firearms dealer from running a background check prior to the sale of a pistol.

6.An application is considered a renewal if the applicant has previously received a CPL in compliance with the training requirements set forth in Michigan law effective July 1, 2001, and the previous license has not been expired more than one year.

7.An applicant applying for a renewal is not required to have fingerprints taken again if the applicant's fingerprints have been submitted to and are maintained by the MSP. Fingerprints have been maintained by the MSP since January 1, 2006.

8.The applicant shall sign the statement on the application certifying that he or she has completed at least three hours of review of the required training and has had at least one hour of firing range time in the six months immediately preceding the renewal application.

Emergency CPL

There are two instances when a county clerk may issue an Emergency CPL:

1.The individual has obtained a personal protection order issued under MCL 600.2950 or 600.2950a.

2.A county sheriff determines there is clear and convincing evidence to believe the safety of the applicant or the safety of a member of the applicant’s family or household is endangered by the applicant’s inability to immediately obtain a license to carry a concealed pistol.

An applicant for an Emergency license must meet the state and federal requirement listed previously in this guide.

An applicant for an Emergency license must complete a valid pistol training course and apply for a Standard CPL within ten business days after applying for the license.

An Emergency license is valid for 45 days or until the county clerk issues a license or a notice of statutory disqualification, whichever occurs first. If the Emergency license applicant does not complete a valid pistol safety training course under section 5j and apply for a Standard license under section 5b within ten business days, the Emergency license will be invalid ten business days from date of application.

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Denials

If the county clerk issues a notice of statutory disqualification, the county clerk must within five business days do all of the following:

3.Inform the applicant in writing of the reasons for the disqualification that includes a statement of each statutory disqualification identified, the source record for each statutory disqualification identified, and the contact information for the source of the record for each statutory disqualification identified.

4.Inform the applicant that he or she should contact the source of the record for any statutory disqualification to correct any errors in the record resulting in the statutory disqualification.

5.Inform the applicant in writing of his or her right to appeal the notice of statutory disqualification to the circuit court of jurisdiction.

Appeals

1.An applicant may appeal the notice of statutory disqualification, failure to issue a receipt, or failure to issue a license to the circuit court in the judicial circuit in which he or she resides. The appeal shall be determined by a review of the record for error.

2.If the circuit court determines the notice of statutory disqualification, failure to issue a receipt, or failure to issue a license was clearly erroneous, the court shall order the county clerk to issue a receipt or CPL as required by Michigan law.

3.If the court determines the decision to deny issuance of a receipt or CPL to an applicant was arbitrary and capricious, the court

shall order the county clerk, entity taking fingerprints, or the state, to pay the actual costs and actual attorney fees of the applicant in appealing the denial, according to each entity’s degree of responsibility.

4.If the court determines an applicant’s appeal was frivolous, the court shall order the applicant to pay the actual costs and actual attorney fees of the county clerk, entity taking fingerprints, or the state in responding to the appeal.