SB34 Summary

Senate Bill 34 (S-1) CPL Process Reform

Senate Bill 34 creates a true “shall issue” concealed pistol license (CPL) system.

  • Eliminates the obsolete concealed county gun boards created in 1927;
  • Ends the “eyeball test” discretion in statute used by gun boards for years to deny or obstruct the ability of law-abiding citizens to obtain a CPL; and
  • Requires that licenses be issued based on statutory qualifications alone.

SB 34 modernizes the CPL statute, streamlines the process and reduces administrative costs.

  • Ends time-wasting and costly gun board meetings and review panels for 4 separate agencies;
  • Consolidates major CPL responsibilities into two agencies – county clerks and the Michigan State Police – taking full advantage of the existing infrastructure and experience in clerks’ offices while making MSP’s workload commensurate with their portion of the fee;
  • Expressly prohibits license decisions being made by MSP;
  • Reduces the burden on sheriffs by transferring their responsibility for background checks to the MSP – who are already conducting fingerprint comparison checks – and allowing sheriffs to keep their $15 portion of the fee just for fingerprinting initial applicants;
  • Simplifies and reduces annual reporting requirements for the MSP and county offices;
  • Reduces in-office visits by applicants, freeing up the time of county clerk staff; and
  • Reduces printing costs by allowing digital versions of CPL materials when appropriate.

SB 34 brings uniformity to the CPL system in all 83 counties.

  • Standardizes the process, rules and fees for applying for, obtaining and renewing a CPL, regardless of which county you live in within Michigan;
  • Ends special local mandatory fees, training and eligibility requirements; and
  • Will ensure that $105 will get you a CPL regardless of where you apply.

SB 34 delivers more value for Michigan citizens’ hard-earned dollars.

  • Prohibits requiring mandatory, license-related conferences of applicants;
  • Establishes a clear and enforceable 45-day deadline for CPL turnaround;
  • Implements new penalties for failure to issue licenses or receipts as required under law;
  • Prohibits local mandatory fees above and beyond that allowed under statute;
  • Establishes that CPL training is valid for 5 years after the certificate date;
  • Provides new information to applicants on their rights and responsibilities;
  • Requires the mailing of approved licenses, disqualification notices and renewal reminders;
  • Automatically extends renewal licenses if application is made before expiration date;
  • Treats as a renewal (except for automatic extension) any individual who held a CPL that lapsed within the last 5 years;
  • Allows for renewal by mail by active duty military personnel stationed outside the state;
  • Requires applicants to be notified of any statutory disqualifiers discovered during the background checks, the source and the method for addressing inaccuracies;
  • Eliminates verbal officer notification responsibility when carrying concealed; and
  • Dedicates local CPL revenue to a fund that must be used to improve the local CPL process;

Myth: Senate Bill 34 gives the CPL process to the MSP.

Fact: 

  • SB 34 transfers authority for issuing CPL’s to the county clerk. They will issue a license based on statute alone.
  • MSP currently conducts the NICS half of the background checks; the bill will now mandate that they also do the LEIN check. They are prohibited in the bill from deciding whether or not to issue a license.
  • Sheriffs can still collect their $15 portion of the fee for taking fingerprints. A reduced workload for the same revenue.

Myth: SB 34 increases costs to CPL applicants.

Fact:

  • SB 34 increases the CPL fee by $10 but eliminates fees for photos, license lamination, local PD fingerprinting when sheriffs do not provide the service, and other items.
  • SB 34 also makes applying for a license a “one shop” stop, significantly reducing all applicant’s travel costs.
  • The bill establishes renewal by mail for members of the military stationed outside the state or deployed overseas.
  • The bill creates a statewide, online renewal and renewal by mail system that will accept renewal applications on behalf of county clerks for ALL licensees no later than October 2018. Clerks will continue to issue licenses.

Myth: County gun boards are necessary to properly screen applicants.

Fact:

  • NO OTHER state in the nation uses gun boards to screen CPL applicants.
  • Michigan created its gun boards in 1927 as part of its first major gun control law.
  • Modern technology allows almost all criminal background and fingerprint checks to be conducted through electronic, automated systems.

Myth: SB 34 will cost the taxpayers money.                                                                                                                                                                             Fact:

  • The cost of this program will be completely covered by the required fees.

(Senate Bill 35 is a technical clean-up of the penal code.)

Other Resources

Michigan: Legislation Eliminating County Gun Boards Heads to Senate Floor Tomorrow

Michigan: Legislation to Eliminate County Gun Boards Passes Senate and Heads to House for Consideration