§ 28.425f — Concealed pistol license; possession; disclosure to peace officer; violation; fine; notice to department; suspension or revocation by county clerk; entry into law enforcement information network; seizure by peace officer; forfeiture; "peace officer" defined.

Michigan § 28.425f

• Jurisdiction: Michigan
• Ch. 28: MICHIGAN STATE POLICE
• Act 372 of 1927: FIREARMS (28.421-28.435)

Text

FIREARMS (EXCERPT) Act 372 of 1927 28.425f Concealed pistol license; possession; disclosure to peace officer; violation; fine; notice to department; suspension or revocation by county clerk; entry into law enforcement information network; seizure by peace officer; forfeiture; "peace officer" defined. Sec. 5f. (1) An individual who is licensed to carry a concealed pistol shall have his or her license to carry that pistol and his or her state-issued driver license or personal identification card in his or her possession at all times he or she is carrying a concealed pistol or a portable device that uses electro-muscular disruption technology. (2) An individual who is licensed to carry a concealed pistol and who is carrying a concealed pistol or a portable device that uses electro-muscular disruption technology shall show both of the following to a peace officer upon request by that peace officer: (a) His or her license to carry a concealed pistol. (b) His or her state-issued driver license or personal identification card. (3) An individual licensed under this act to carry a concealed pistol and who is carrying a concealed pistol or a portable device that uses electro-muscular disruption technology and who is stopped by a peace officer shall immediately disclose to the peace officer that he or she is carrying a pistol or a portable device that uses electro-muscular disruption technology concealed upon his or her person or in his or her vehicle. (4) An individual who violates subsection (1) or (2) is responsible for a state civil infraction and shall be fined $100.00. (5) An individual who violates subsection (3) is responsible for a state civil infraction and shall be fined as follows: (a) For a first offense, by a fine of $500.00 and by the individual's license to carry a concealed pistol being suspended for 6 months. (b) For a subsequent offense within 3 years of a prior offense, by a fine of $1,000.00 and by the individual's license to carry a concealed pistol being revoked. (6) If an individual is found responsible for a state civil infraction under subsection (5), the peace officer shall notify the department of state police of that civil infraction. The department of state police shall notify the county clerk who issued the license, who shall suspend or revoke that license. The county clerk shall send notice by first-class mail of that suspension or revocation to the individual's last known address as indicated in the records of the county clerk. The department of state police shall immediately enter that suspension or revocation into the law enforcement information network. (7) A pistol or portable device that uses electro-muscular disruption technology carried in violation of this section is subject to immediate seizure by a peace officer. If a peace officer seizes a pistol or portable device that uses electro-muscular disruption technology under this subsection, the individual has 45 days in which to display his or her license or documentation to an authorized employee of the law enforcement entity that employs the peace officer. If the individual displays his or her license or documentation to an authorized employee of the law enforcement entity that employs the peace officer within the 45-day period, the authorized employee of that law enforcement entity shall return the pistol or portable device that uses electro-muscular disruption technology to the individual unless the individual is prohibited by law from possessing a firearm or portable device that uses electro-muscular disruption technology. If the individual does not display his or her license or documentation within the 45-day period, the pistol or portable device that uses electro-muscular disruption technology is subject to forfeiture as provided in section 5g. A pistol or portable device that uses electro-muscular disruption technology is not subject to immediate seizure under this subsection if both of the following circumstances exist: (a) The individual has his or her state-issued driver license or personal identification card in his or her possession when the violation occurs. (b) The peace officer verifies through the law enforcement information network that the individual is licensed to carry a concealed pistol. (8) As used in this section, "peace officer" includes a motor carrier officer appointed under section 6d of 1935 PA 59, MCL 28.6d, and security personnel employed by the state under section 6c of 1935 PA 59, MCL 28.6c.

Legislative History

Add. 2000, Act 381 , Eff. July 1, 2001 ;-- Am. 2002, Act 719 , Eff. July 1, 2003 ;-- Am. 2008, Act 194 , Eff. Jan. 7, 2009 ;-- Am. 2012, Act 123 , Eff. Aug. 6, 2012 ;-- Am. 2015, Act 3 , Eff. Dec. 1, 2015 Popular Name: CCW Popular Name: Concealed Weapons Popular Name: CPL Popular Name: Right to Carry Popular Name: Shall Issue