How to Apply for a Concealed Carry Permit in Michigan | CCW Hub
How to Apply for a Concealed Carry Permit in Michigan
Michigan's concealed carry licensing is governed by Act 372 of 1927 (MCL 28.421 et seq.), commonly known as the Concealed Weapons Act, CPL Act, or "Shall...
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Michigan Concealed Pistol License (CPL) Application Process
Michigan Concealed Pistol License (CPL) Application Process
Governing Law
Michigan's concealed carry licensing is governed by Act 372 of 1927 (MCL 28.421 et seq.), commonly known as the Concealed Weapons Act, CPL Act, or "Shall Issue" law. County clerks handle CPL applications. The former county concealed weapon licensing boards were eliminated and the county clerk system took over effective December 1, 2015. (MCL 28.425a)
Step-by-Step Application Process
Step 1: Obtain an Application Kit
County clerks must provide concealed pistol application kits free of charge during normal business hours to any individual who wishes to apply. (MCL 28.425(1))
Each kit may contain only the following:
A concealed pistol license application form provided by the Director of the Department of State Police
Fingerprint cards under MCL 28.425b(10), if required
Written information about the procedures for obtaining a CPL
Written information identifying entities that offer the training required under MCL 28.425b(7)(c), if the county clerk maintains that information
A county clerk shall not deny an individual the right to receive an application kit. An individual who is denied a kit and obtains a court order of mandamus directing the clerk to provide one is awarded actual and reasonable costs and attorney fees. (MCL 28.425(2), (3))
Step 2: Complete Required Training
Applicants must demonstrate knowledge and training in the safe use and handling of a pistol by completing a pistol safety training course or class that meets the requirements of MCL 28.425j (Section 5j). A certificate of completion must be submitted with the application. (MCL 28.425b(1)(h), (7)(c))
Under MCL 28.425j(1), a qualifying course must have been provided within the 5 years preceding the application and must consist of not less than 8 hours of instruction, including at least 5 hours of classroom instruction and at least 3 hours of firing range instruction during which the applicant fires at least 30 rounds of ammunition. The portion covering firearms and the law, including civil liability and the use of deadly force, must be taught by an attorney or an individual trained in the use of deadly force. (MCL 28.425j(1)(a), (b))
Renewal applicants have reduced training requirements. They must certify completion of at least 3 hours' review of the training described in MCL 28.425b(7)(c) and at least 1 hour of firing range time in the 6 months immediately preceding the renewal application. (MCL 28.425l(9))
Retired police officers and retired law enforcement officers are exempt from the educational requirements. (MCL 28.425l(8))
Step 3: File the Application with the County Clerk
The applicant must apply to the county clerk in the county in which the individual resides, during the county clerk's normal business hours. (MCL 28.425b(1))
The application must be signed under oath, administered by the county clerk or the county clerk's representative.
Required Application Contents (MCL 28.425b(1)):
(a) Legal name, date of birth, address of primary residence, and state-issued driver license or personal identification card number
(b) A statement that the applicant meets the criteria for a CPL
(c) A statement authorizing the Department of State Police to access records needed for verification
(d) A statement regarding any history of mental illness that would disqualify the applicant under MCL 28.425b(7)(j) to (l)
(e) A statement regarding any conviction for a felony or for a specified disqualifying misdemeanor
(f) A statement regarding whether the applicant has been dishonorably discharged from the Armed Forces
(g) A passport-quality photograph (only if the applicant does not have a digitized photograph on file with the Secretary of State)
(h) A certificate of completion of the required pistol safety training course
The county clerk shall not require any additional forms, documents, letters, or other evidence of eligibility beyond what is specified in the statute. (MCL 28.425b(2))
Warning: The application is executed under oath. The application form must contain a conspicuous warning of the felony penalty (MCL 28.425b(2)), and the criminal offense itself is set out in MCL 28.425b(3): an individual who intentionally makes a material false statement on the application is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,500.00, or both. A license issued on an application that contains a material false statement is void from the date it is issued. (MCL 28.425b(12))
Step 4: Pay the Application Fee
The applicant must pay a nonrefundable application and licensing fee of $100.00 by any method of payment the county accepts for other fees and penalties. (MCL 28.425b(5))
Fee distribution:
$26.00 is deposited in the concealed pistol licensing fund of the county
The balance is forwarded to the state treasurer and credited to the Department of State Police to process fingerprints and reimburse the Federal Bureau of Investigation
Except as provided for fingerprinting under MCL 28.425b(9), no other charge, fee, cost, or assessment, including any local fee, is required except as specifically authorized in the act. (MCL 28.425b(5))
Step 5: Obtain a Receipt
At the time the application is submitted, the county clerk issues a receipt containing:
Name of the applicant
State-issued driver license or personal identification card number
Date and time the receipt is issued
Amount paid
Name of the county and an impression of the county seal
A statement that the receipt is for the purpose of applying for a CPL and obtaining fingerprints and does not authorize the holder to carry a concealed pistol (MCL 28.425b(1))
Step 6: Fingerprinting
After submitting the application and paying the fee, the applicant must request that classifiable fingerprints be taken. Fingerprints may be taken by any of the following if it provides fingerprinting capability for purposes of the act: (MCL 28.425b(9))
The entity must take the fingerprints within 5 business days after the request and must issue a receipt at the time the fingerprints are taken. (MCL 28.425b(9))
Important: An application is not considered complete until fingerprints are taken, and is considered withdrawn if fingerprints are not taken within 45 days after the application is filed. A completed application and all receipts expire 1 year after the date of application. (MCL 28.425b(1))
Fingerprints are forwarded to the Department of State Police for comparison and then to the Federal Bureau of Investigation. (MCL 28.425b(10))
Renewal applicants are not required to have fingerprints taken again if the Department of State Police has established a system to maintain fingerprints in its AFIS database and the applicant's fingerprints have been submitted and are maintained there. (MCL 28.425l(10))
Step 7: Background Check and Verification
The Department of State Police verifies the applicant's eligibility under MCL 28.425b(7)(d), (e), (f), (h), (i), (j), (k), and (m) through the Law Enforcement Information Network (LEIN) and the National Instant Criminal Background Check System (NICS), and reports all statutory disqualifications, if any, to the county clerk. (MCL 28.425b(6))
Within 5 business days after completing the verification, the Department sends the county clerk a list of the individual's statutory disqualifications under the act. The county clerk generally may not issue a license until it receives that report. (MCL 28.425b(10))
Step 8: Issuance or Denial
The county clerk must issue a license or a notice of statutory disqualification not later than 45 days after the date the individual has classifiable fingerprints taken. (MCL 28.425b(13))
If the county clerk issues a notice of statutory disqualification, then within 5 business days after that notice the clerk must, in writing: (a) inform the individual of the reason for the disqualification, including a statement of each statutory disqualification identified, the source of the record, and contact information for that source; and (b) inform the individual of the right to appeal the denial or notice of statutory disqualification to the circuit court under MCL 28.425d. (MCL 28.425b(13)(a)-(b))
If a license or notice of statutory disqualification is not issued within the 45-day period, the fingerprint receipt serves as a concealed pistol license when carried with a state-issued driver license or personal identification card, and remains valid until a license or notice of statutory disqualification is issued. (MCL 28.425b(14))
The license is sent to the applicant by first-class mail in a sealed envelope. (MCL 28.425b(19))
Eligibility Requirements (MCL 28.425b(7))
The county clerk shall issue a license if all of the following are met:
(a) The applicant is 21 years of age or older.
(b) The applicant is a U.S. citizen or an alien lawfully admitted into the United States, is a legal resident of Michigan, and has resided in Michigan for not less than the 6 months immediately preceding the date of application.
The 6-month residency requirement is waived for an emergency license under MCL 28.425a(4) when the applicant is a petitioner for a personal protection order or the sheriff finds clear and convincing evidence of danger, and is also waived for an applicant who holds a valid CPL from another state at the time Michigan residency is established.
Legal residency is established by a valid Michigan driver license or state ID, lawful voter registration in Michigan, or active duty military status connected to Michigan as described in the statute.
(c) The applicant has knowledge and training in the safe use and handling of a pistol through a course that meets the requirements of MCL 28.425j.
(d) Based solely on the report from the Department of State Police, the applicant is not the subject of an order or disposition under any of the following: MCL 330.1464a; MCL 700.5107; MCL 600.2950 and 600.2950a; MCL 765.6b (if the order has a condition imposed under MCL 765.6b(3)); MCL 769.16b; or the extreme risk protection order act.
(e) The applicant is not prohibited from possessing firearms under MCL 750.224f.
(f) The applicant has never been convicted of a felony, and no felony charge is pending.
(g) The applicant has not been dishonorably discharged from the Armed Forces.
(h) The applicant has not been convicted of, and has no pending charge for, a specified misdemeanor within the 8 years immediately preceding the application (an extensive list that includes assault and domestic assault, certain OWI second-offense violations, stalking, fourth degree criminal sexual conduct, and various firearms offenses).
(i) The applicant has not been convicted of, and has no pending charge for, a specified misdemeanor within the 3 years immediately preceding the application (including OWI, controlled substance violations, larceny, and disorderly person, among others), unless that violation is already listed under subdivision (h).
(j) The applicant has not been found guilty but mentally ill of any crime and has not been acquitted of any crime by reason of insanity.
(k) The applicant is not currently and has never been subject to an order of involuntary commitment in an inpatient or outpatient setting due to mental illness.
(l) The applicant has filed the statement under MCL 28.425b(1)(d) that he or she does not have a current diagnosis of mental illness that includes an assessment of danger to self or others.
(m) The applicant is not under a court order of legal incapacity.
(n) The applicant has a valid state-issued driver license or personal identification card.
Note: MCL 552.14 (a domestic relations order under 1846 RS 84) is a disqualifier for a license to purchase a pistol under MCL 28.422(3)(a), but it is not listed among the CPL eligibility disqualifiers in MCL 28.425b(7)(d). A person subject only to an MCL 552.14 order is not, for that reason alone, barred from a CPL under MCL 28.425b(7)(d).
Emergency License (MCL 28.425a(4))
A county clerk shall issue an emergency CPL to an individual who:
Has obtained a personal protection order (PPO) under MCL 600.2950 or 600.2950a, or
Is the subject of a county sheriff's determination that there is clear and convincing evidence that the safety of the individual or a member of the individual's family or household is endangered by the inability to immediately obtain a CPL.
Requirements and terms for an emergency license:
Eligibility is verified under MCL 28.425b(7)(d), (e), (f), (h), (i), (j), (k), and (m) through a LEIN criminal record check.
Fingerprints are taken by the county sheriff in compliance with MCL 28.425b(9).
The applicant must complete a pistol training course under MCL 28.425j and apply for a regular CPL under MCL 28.425b within 10 business days after applying for the emergency license. If the applicant does not do both within 10 business days, the emergency license is no longer valid.
Fees: the county sheriff may charge up to $15.00, and the county clerk may charge up to $10.00 for printing the emergency license.
An emergency license is valid for 45 days or until the county clerk issues a notice of statutory disqualification, whichever occurs first.
An individual shall not obtain more than 1 emergency license in any 5-year period.
If a notice of statutory disqualification is issued, the holder must immediately surrender an unexpired emergency license to the county clerk. Failure to surrender after notice of disqualification is a misdemeanor punishable by up to 93 days imprisonment or a fine of up to $500.00, or both.
Renewal Process (MCL 28.425l)
A renewal application may be submitted to the county clerk, by first-class mail to the Department of State Police, or through the Department's online system, no more than 6 months before the current license expires. (MCL 28.425l(1), (2))
Renewal application and licensing fee: $115.00, of which $36.00 is deposited in the concealed pistol licensing fund of the county. (MCL 28.425l(1), (2))
The county clerk must issue a renewal license or a notice of statutory disqualification within 30 days after the renewal application is received. (MCL 28.425l(3))
If an individual applies for renewal before the current license expires, the expiration date of the current license is extended until the renewal license or notice of statutory disqualification is issued. While carrying under that extension, the individual must keep the renewal receipt and the expired license in his or her possession. (MCL 28.425l(6), (7))
Reduced training requirements apply: certification of at least 3 hours' review of training and at least 1 hour of firing range time in the 6 months immediately preceding the renewal application. (MCL 28.425l(9))
Fingerprints are generally not required again if the applicant's prints are maintained in the AFIS database. (MCL 28.425l(10))
License Validity and Details
A license, including a renewal license, is valid until the applicant's date of birth that falls not less than 4 years or more than 5 years after the license is issued or renewed. (MCL 28.425l(1))
Format: same dimensions as a Michigan operator license; constructed of plastic laminated paper or hard plastic. (MCL 28.425c(1))
Optional hard plastic fee: up to $10.00, but only if the county clerk also offers a plastic laminated paper license at no charge. (MCL 28.425c(1))
Replacement fee: $10.00 for a license that is lost, stolen, defaced, or replaced for any other reason. (MCL 28.425b(15))
A license remains valid if the holder moves to a different county within Michigan. (MCL 28.425b(15))
Acknowledgment Requirement
The county clerk distributes a compilation of Michigan firearms laws and the forms for appealing a notice of statutory disqualification or a suspension or revocation. The applicant must sign a written statement acknowledging receipt of that compilation and those forms. An individual is not eligible to receive a CPL until this statement is signed. (MCL 28.425a(5))
Appeal Process (MCL 28.425d)
If the county clerk issues a notice of statutory disqualification, fails to provide a required receipt, or fails to issue a license:
The applicant may appeal to the circuit court in the judicial circuit in which he or she resides. (MCL 28.425d(1))
The appeal is determined by a review of the record for error. (MCL 28.425d(1))
If the court finds that the notice of statutory disqualification, the failure to provide a receipt, or the failure to issue the license was clearly erroneous or arbitrary and capricious, the court shall order the county clerk to issue the license or receipt. (MCL 28.425d(2))
For applications submitted after November 30, 2015, the court may order an entity to refund filing fees the applicant incurred, and if the action was arbitrary and capricious the court shall order the responsible entity to pay the applicant's actual costs and actual attorney fees, according to that entity's degree of responsibility. (MCL 28.425d(2), (3))
If the court determines that the appeal was frivolous, the court shall order the applicant to pay the actual costs and actual attorney fees of the county clerk, the entity taking the fingerprints, or the state in responding to the appeal. (MCL 28.425d(4))
Firearms Records Confidentiality (MCL 28.421b)
Firearms records are confidential and are not subject to disclosure under the Freedom of Information Act. They may be accessed and disclosed only by a peace officer or authorized system user for the purposes specified in the statute. (MCL 28.421b(1), (2)) A person who intentionally violates the access and disclosure rules is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $500.00. (MCL 28.421b(3))
Carrying Requirements (MCL 28.425f)
A CPL holder who is carrying a concealed pistol or a portable device that uses electro-muscular disruption technology must:
Have the CPL and a state-issued driver license or personal identification card in possession at all times while carrying. (MCL 28.425f(1))
Show both documents to a peace officer upon request. (MCL 28.425f(2))
Immediately disclose to a peace officer who stops them that they are carrying a concealed pistol or such a device. (MCL 28.425f(3))
Penalties:
Failure to have or to show the required documents (a violation of MCL 28.425f(1) or (2)) is a state civil infraction with a fine of $100.00. (MCL 28.425f(4))
Failure to immediately disclose to a peace officer (a violation of MCL 28.425f(3)) is a state civil infraction for both a first and a subsequent offense, not a misdemeanor. For a first offense the fine is $500.00 and the CPL is suspended for 6 months. For a subsequent offense within 3 years of a prior offense the fine is $1,000.00 and the CPL is revoked. (MCL 28.425f(5)(a)-(b))
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