Fillable CONCEALED PISTOL LICENSE GUIDE AND APPLICATION (County of Otsego)

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CONCEALED PISTOL LICENSE GUIDE AND APPLICATION (County of Otsego)

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MICHIGAN STATE POLICE
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CONCEALED PISTOL LICENSE GUIDE AND APPLICATION
Please refer to this guide to complete the Concealed Pistol License (CPL) Application found on pages 7-8. The information within this
guide is required to be provided to CPL applicants. The applicant must complete the CPL Application and return the unsigned form
and documentation of the required training to the county clerk's office in the county in which he or she resides.
A complete copy of the firearms laws of this state shall be furnished to an individual upon filing an application. Individuals may view a
complete copy of the firearms laws of this state on the Michigan Legislature's website at
www.legislature.mi.gov/publications/firearms.pdf, the Michigan State Police's (MSP) website at www.michigan.gov/firearms, or by
visiting a local library.
CPL Requirements
A. State Requirements
An applicant for a Michigan CPL must:
1. Be at least 21 years of age.
2. Be a citizen of the United States or an alien lawfully admitted into the United States.
3. Be a legal resident of Michigan and reside in Michigan for at least six months immediately prior to application. An applicant is a
resident of Michigan if one of the following applies:
•
The applicant possesses a valid, lawfully obtained Michigan driver's license or official Michigan personal identification card.
•
The applicant is lawfully registered to vote in Michigan.
•
The applicant is on active duty status with the United States Armed Forces and is stationed outside of Michigan, but
Michigan is the applicant's home of record.
•
The applicant is on active duty status with the United States Armed Forces and is permanently stationed in Michigan, but
the applicant's home of record is another state.
Note: The county clerk shall waive the six-month residency requirement if one of the following applies:
•
For an emergency license, if the applicant is a petitioner for a personal protection order issued under MCL 600.2950 or
MCL 600.2950a.
•
For an emergency license, if the county sheriff determines that there is clear and convincing evidence to believe that 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.
•
For a new resident, if the applicant holds a valid concealed pistol license issued by another state at the time the applicant’s
residency in this state is established
4. Have knowledge and training in the safe use and handling of a pistol by successfully completing an appropriate pistol safety
training course or class.
5. Not be subject to an order or disposition for any of the following:
•
Involuntary hospitalization or involuntary alternative treatment.
•
Legal incapacitation.
•
Personal protection order.
•
Bond or conditional release prohibiting purchase or possession of a firearm.
•
Finding of not guilty by reason of insanity.
6. Not be prohibited from possessing, using, transporting, selling, purchasing, carrying, shipping, receiving, or distributing a
firearm under MCL 750.224f.
7. Have never been convicted of a felony in Michigan or elsewhere, and a felony charge against the applicant is not pending in
Michigan or elsewhere at the time he or she applies for a CPL.
8. Have not been dishonorably discharged from the United States Armed Forces.
9. Have not been convicted of a misdemeanor violation of any of the following in the eight years immediately preceding the
date of the 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 CPL:
•
MCL 257.617a, failing to stop when involved in a personal injury accident
Authority: MCL 28.425;
Compliance: Voluntary.
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•
MCL 257.625, operating while intoxicated or with any presence of a Schedule 1 controlled substance or cocaine,
punishable as a second offense under, MCL 257.625(9)(b)
•
MCL 257.625m, operating a commercial motor vehicle with alcohol content, punishable as a second offense under MCL
257.625m(4)
•
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 intoxicating 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, pawnbroker accepting a pistol in pawn, or any second-hand or junk dealer accepting a pistol and offering or
displaying it for resale
•
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
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•
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
•
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. Have not been convicted 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. Have not 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. The applicant has a valid state-issued driver’s license or personal identification card.
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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 (877-324-6427).
Application Process
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 applications, there is a $100.00 application and licensing fee 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 CPL. 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 CPL 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 purchases of firearms.”
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. 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.
The pistol safety training course requirement is waived for an 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 and provide at least eight hours of instruction. The program shall provide at least three hours of
instruction on a firing range and require firing at least 30 rounds of ammunition. Additionally, the program shall provide five
hours of instruction in, but is not limited to providing instruction in, 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.
•
Firearms and the law, including civil liability issues and the use of deadly force. This portion shall be taught by an attorney
or a person trained in the use of deadly force.
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•
Avoiding criminal attack and controlling a violent confrontation.
•
All laws that apply to carrying a concealed pistol in Michigan.
3. The instructor shall 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 signature of
the course instructor to the applicant. The certificate of completion shall state that the individual successfully completed the
course, and contain the statement: "This course complies with section 5j of 1927 PA 372."
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.
4. 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 not more than six months before, nor one year after, the expiration of
the current CPL.
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. A CPL may be renewed at the appropriate county clerk’s office with a $115
payment to the county clerk.
4. Upon payment of renewal fees, the applicant will be issued a receipt. 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.
Exception: The training requirements are waived for an individual who is a retired police officer or retired law enforcement officer.
9. An individual licensed to carry a concealed pistol may carry a concealed pistol under the authority of his or her CPL until the
CPL expires or the individual's authority to carry a concealed pistol is otherwise suspended or revoked, whichever comes first.
Emergency CPL
There are two instances when a 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 CPL within ten business
days of applying for the license.
An emergency license is unrestricted and valid for 45 days or until the county clerk issues a license of a notice of statutory
disqualification, whichever occurs first. Possession of an emergency 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.
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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:
1. 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.
2. 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.
3. Inform the applicant in writing of his or her right to appeal the notice of statutory disqualification to their 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.
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CONCEALED PISTOL LICENSE APPLICATION
I. General Information: Type or clearly print in ink answers to all fields.
1. Full Legal Name (Include Suffix)
2. Date of Birth
3. Previous Names, Aliases, or Maiden Names (If Applicable)
4. Daytime Phone Number
- -
5. Social Security Number (Voluntary)
6. Driver’s License Number or State Identification Number
7a. Primary Residence Address
7b. Primary Residence City
7c. Primary Residence ZIP Code
8a. Mailing Address (If Different)
8b. Mailing City
8c. Mailing ZIP Code
9b. Gender
9c. Height
9d. Hair Color
9e. Eye Color
10. County of Residence
11. Place of Birth (State or Country)
12. Are you a U.S. citizen?
Yes No (If no,
complete 13 a, b, and c)
13a. Are you a Legal Immigrant Alien?
Yes No
13b. Alien Registration Number
13c. Country of Citizenship
II. Type of License: Check the box next to the type of license that applies to this application.
New – Application for New License
Emergency – Personal Protection Order Obtained
Emergency – Sheriff Approved
Renewal – If renewing an existing license, complete the renewal information and certification below.
1. Renewal Information
a. Expiration Date of Current CPL
b. County of Issuance
c. Name on Previous License
d. CPL Number
2. Renewal Certification
I certify that I have completed at least three hours of review of the required training and have had at least one hour of firing range time in the six
months immediately preceding this application.
Signature
Date
III. Survey: Answer "yes" or "no" to the following questions.
1. Have you ever been convicted of a felony in this state or elsewhere? Yes No
2. Do you have a felony charge pending in this state or elsewhere? Yes No
3. Have you been convicted of a misdemeanor violation, or have a misdemeanor charge pending, of any offense listed in
Section A.9 of the CPL Guide in the eight years immediately preceding this application? Yes No
4. Have you been convicted of a misdemeanor violation, or have a misdemeanor charge pending, of any offense listed in
Section A.10 of the CPL Guide in the three years immediately preceding this application? Yes No
5. Do you have a personal protection order against you or have you been released by a judge or a district court magistrate
subject to protective conditions? Yes No
6. Have you ever been found guilty but mentally ill of any crime or offered a plea of not guilty of, or been acquitted of, any
crime by reason of insanity? Yes No
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MICHIGAN STATE POLICE
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7. Are you now, or have you ever been, subject to an order of involuntary commitment in an inpatient or outpatient setting
due to a mental illness? Yes No
8. Do you have a diagnosed mental illness that includes an assessment that you present a danger to yourself or another,
regardless of whether you are receiving treatment for that illness? Yes No
9. Are you under a court order of legal incapacity in this state or elsewhere? Yes No
10. Have you ever been dishonorably discharged from the United States Armed Forces? Yes No
11. Have you completed the training required for a new CPL (documentation must be presented with the application),
OR have you certified above that you have completed the required review and firing range time for a renewal of your license? Yes No
12. Are you a retired police officer or retired law enforcement officer? Yes No
13. Are you exempt from prohibited premises pursuant to MCL 28.425o? If yes, acceptable proof must be presented to the
county clerk. Yes No
14. Do you possess a valid Michigan driver’s license or personal identification card? Yes No
15. Are you on active duty or status with the United States Armed Forces on permanent duty assignment in Michigan with a
valid driver’s license or personal identification card issued by a different state? Yes No
V. Agreement and Certification
By signing below, you acknowledge the following statements are true:
I have read the information provided on carrying a concealed pistol and obtaining a Michigan CPL. I meet all the criteria for obtaining a CPL
and I do not have a history of mental illness that would disqualify me from obtaining a CPL under the Firearms Act, 1927 PA 372, as
amended.
I give authority to the MSP to access any record needed to perform its required verification through the Law Enforcement Information
Network (LEIN) and the National Instant Criminal Background Check System (NICS).
I understand that my personal information, and biometric data being submitted by Livescan, will be used to search against identification
records from both the MSP and FBI for the purpose of verifying my eligibility to obtain a CPL. I hereby authorize the release of my personal
information for such purpose and release of any records found to the MSP.
During the processing of this application, and for as long as my fingerprints and associated information/biometrics are retained at the State
and/or FBI, they may be disclosed without my consent as permitted by MCL 28.248 and the Privacy Act of 1974, 5 USC § 552a, for all
applicable routine uses published by the FBI, including the Federal Register and for the routine uses for the FBI's Next Generation
Identification.
Routine use includes, but is not limited to, disclosure to: governmental or authorized nongovernmental agencies responsible for
employment, contracting, licensing, security clearances, and other suitable determinations; local, state, tribal, or federal law enforcement
agencies; criminal justice agencies; and agencies responsible for national security or public safety. I understand this application is
executed under oath and swear or affirm under penalty of law that the above answers are true and correct to the best of my knowledge.
I understand that intentionally making a false statement on this application is a felony punishable by imprisonment for not more
than
four years or a fine of not more than $2,500, or both.
I have been provided with a copy of the compilation of the Firearms Laws of Michigan created by the Legislative Services Bureau and forms
to appeal any notice of statutory disqualification, or suspension or revocation of a license under this act.
Applicant's Name and Signature (Do not sign until instructed by the county clerk or his or her representative.)
Date
Witness’ Name, Title, and Signature (County Clerk or Representative)
Date
Return the completed unsigned form and documentation of required training to the county clerk's office. A passport quality photograph must be
submitted if a digital photograph is not on file with the Michigan Secretary of State.
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CONCEALED PISTOL LICENSE GUIDE AND APPLICATION (County of Otsego)

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Completed 18 July 2020

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