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SB 34 of 2015 FAQ

SB 34 '15 was an 85 page bill that was signed into law on March 5th of this year. It made numerous changes to the CPL licensing process including most notably the elimination of county gun boards. Some changes went into effect immediately, some went into effect in July, and some will be going into effect on December 1st. Below are a few frequently asked questions that we've been receiving.

  1. Are gun boards going to be eliminated?
  2. I've heard more information will be required with training certificates, is this true?
  3. I've heard that certificates will expire now, is this true?
  4. Is the application fee going up on December 1st?
  5. How will the renewal process work?

more to come

1. Are gun boards going to be eliminated?

You bet they are! Good bye and good riddance.

MCL 28.425a (1) as amended:

(1) Beginning December 1, 2015, the county concealed weapon licensing boards are eliminated. Each county concealed weapon licensing board shall transfer all license applications and official documents in its possession to the county clerk of the county in which the board is located no later than November 30, 2015. All pending applications remain in place, are considered to have a December 1, 2015 application date, and shall be processed by the county clerk as provided in this act. If an applicant has an initial or renewal application that is pending on December 1, 2015, that applicant may request a receipt from the county clerk that meets the requirements of section 5b(9) or 5l(3). The county clerk shall issue that receipt by first-class mail unless requested in person. The receipt is effective on the date the county clerk issues that receipt. The county clerk shall not charge any additional fee for receiving or processing an application previously submitted to the county concealed weapon licensing board, except as otherwise provided in this act. A license to carry a concealed pistol issued by a concealed weapon licensing board before December 1, 2015 is valid and remains in effect until the expiration of that license or as otherwise provided by law.

Hey hey hey....

 

2. I've heard more information will be required with training certificates, is this true?

Yes, but only on certificates issued on or after December 1st, 2015. MCL 28.425j (1)(c) as amended was changed to require extra information on OR with certificates issued on or after Dec. 1st, 2015.

This information is not required on any certificate issued prior to that date. Also, the information can either be printed on the face of the certificate or included with the certificate on a separate piece of paper.

(c) The program provides a certificate of completion that states the program complies with the requirements of this section and that the individual successfully completed the course, and that contains the printed name and signature of the course instructor. The certificate of completion shall contain the statement, "This course complies with section 5j of 1927 PA 372.". For certificates issued on or after December 1, 2015, each certificate shall also contain both of the following, which shall be printed on the face of the certificate or attached in a separate document:

(i) The instructor's name and telephone number.

(ii) The name and telephone number of the state agency or a state or national firearms training organization that has certified the individual as an instructor for purposes of this section, his or her instructor certification number, if any, and the expiration date of that certification.

 

3. I've heard that certificates will expire now, is this true?

Kind of. It depends on whose standpoint you are viewing. As far as the NRA is concerned, their certificates do not expire. Once you have received their training, you are considered always trained in their eyes.

However, from the standpoint of a county clerk, they are going to look for certificates that have been issued within 5 years of the date of application. The certificate technically doesn't expire, but it will no longer be accepted with a CPL application in Michigan.

Note: This is only for applications for new licenses, not renewals. No certificate will be required with an application to renew a license.

MCL 28.425j (1) as amended:

(1) A pistol training or safety program described in section 5b(7)(c) meets the requirements for knowledge or training in the safe use and handling of a pistol only if the training was provided within 5 years preceding the date of application and consisted of not less than 8 hours of instruction and all of the following conditions are met:

 

4. Is the application fee going up on December 1st?

Yes. While the statutory application fee for new applications will be decreased from $105 to $100, a separate fee of $15 for fingerprinting will be split out and mandated. Renewal application fees will simply be increased from $105 to $115 to match. 

On the plus side, county clerks will be statutorily prohibited from charging any other fees with your application.

For applications for a new license see MCL 28.425b (5) and (9) as amended:

(5) Until November 30, 2015, each applicant shall pay a nonrefundable application and licensing fee of $105.00 by any method of payment accepted by that county for payments of other fees and penalties. Beginning December 1, 2015, each applicant shall pay an application and licensing fee of $100.00 by any method of payment accepted by that county for payments of other fees and penalties. Except as provided in subsection (9), no other charge, fee, cost, or assessment, including any local charge, fee, cost, or assessment, is required of the applicant except as specifically authorized in this act. [...]

(9) An individual, after submitting an application and paying the fee prescribed under subsection (5), shall request that classifiable fingerprints be taken by the county clerk, department of state police, county sheriff, a local police agency, or other entity, if the county clerk, department of state police, county sheriff, local police agency, or other entity provides fingerprinting capability for the purposes of this act. Beginning December 1, 2015, an individual who has had classifiable fingerprints taken under section 5a(4) does not need additional fingerprints taken under this subsection. If the individual requests that classifiable fingerprints be taken by the county clerk, department of state police, county sheriff, a local police agency, or other entity, the individual shall also pay a fee of $15.00 by any method of payment accepted for payments of other fees and penalties. [...]

For applications to renew a license see MCL 28.425l (1) 

(1) [...] Beginning December 1, 2015, each applicant who submits an application for a renewal license to a county clerk under this section shall pay an application and licensing fee of $115.00 by any method of payment accepted by that county for payments of other fees and penalties. No other charge, fee, cost, or assessment, including any local charge, fee, cost, or assessment, is required of the applicant except as specifically authorized in this act. [...]

 

5. How will the renewal process work?

While numerous behind-the-scenes changes have been made, the process as experienced by applicants should be very similar. That is, until the online renewal system is created. Some of the changes include:

* Clerks will be required to send notifications to license holders 3-6 months prior to expiration notifying them that their license is about to expire. MCL 28.425l (1)

[...] Beginning December 1, 2015, the county clerk shall notify the licensee that his or her license is about to expire and may be renewed as provided in this section. The notification shall be sent by the county clerk to the last known address of the licensee as shown on the records of the county clerk. The notification shall be sent in a sealed envelope by first-class mail not less than 3 months or more than 6 months before the expiration date of the current license.[...]

* Currently, there is no limit on how long an applicant has to renew an expired license. After December 1st, 2015, applicants will have 1 year to renew after expiration. If a license is not renewed in that time, the applicant will have to apply for a new license and meet that criteria, which includes a valid training certificate issued no less than five years before the application date. (Basically, you will have to get a new cert) MCL 28.425l (1)

[...] Beginning December 1, 2015, an applicant is eligible for a renewal of a license under this section if his or her license is not expired, or expired within a 1-year period before the date of application under this section. [...]

* The renewal fee will increase from $105 to $115. MCL 28.425l (1)

[...] Beginning December 1, 2015, each applicant who submits an application for a renewal license to a county clerk under this section shall pay an application and licensing fee of $115.00 by any method of payment accepted by that county for payments of other fees and penalties. No other charge, fee, cost, or assessment, including any local charge, fee, cost, or assessment, is required of the applicant except as specifically authorized in this act. [...]

* The county clerk will be required to mail a renewed license to the applicant allowing the applicant to avoid another trip to the clerk. MCL 28.425l (2)

[...] Beginning December 1, 2015, if the county clerk issues a renewal license under this section, the county clerk shall send the license to the licensee by first-class mail in a sealed envelope. [...]

* The county clerk and MSP will have 30 days to approve or deny your application for renewal. MCL 28.425l (3)

[...] Beginning December 1, 2015, the department of state police shall complete the verification required under section 5b(6) and the county clerk shall issue a renewal license or a notice of statutory disqualification within 30 days after the date the renewal application was received. [...]

* Currently a receipt received for submitting an application for renewal can be used to extend the expiration date of a license 60 days after submitting an application for renewal. After December 1st, 2015 the receipt will automatically "serve as a concealed pistol license" until a decision is made (MCL 28.425l (3)(e)). Further, any application submitted prior to expiration will automatically extend the expiration date (MCL 28.425l (5)).

(e) Until November 30, 2015, the statement that the receipt is for a license renewal. Beginning December 1, 2015, the statement "This receipt was issued for the purpose of renewal of a concealed pistol license. As provided in section 5l of 1927 PA 372, MCL 28.425l, this receipt shall serve as a concealed pistol license for the individual named in the receipt when carried with the expired license and is valid 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.".

(5) [...] Beginning December 1, 2015, if an individual applies for a renewal license before the expiration of his or her license, the expiration date of the current license is extended until the renewal license or notice of statutory disqualification is issued. Beginning December 1, 2015, the county clerk shall notify the department of state police in a manner prescribed by the department of state police after he or she receives an application for renewal. Beginning December 1, 2015, the department of state police shall immediately enter into the law enforcement information network the date that application for renewal was submitted and that the renewal application is pending.

* Beginning December 1, 2015 renewal applicants will no longer be required to certify range time and legal review prior to applying and will explicitly not be required to provide a training certificate. MCL 28.425l (8)

(8) [...] Beginning December 1, 2015, an applicant is not required to verify the statements made under this subsection and is not required to obtain a certificate or undergo training other than as required by this subsection.