CPL Renewal Digital Document
CPL R
Michigan Concealed Pistol Renewal Program
Digital Download Program
Renewal Training Manual
Shooting Skills an d Range Safety
Use of Force in Self Defense
Contains 3 e asy-to-use modules you will need to know
Handgun Training Specialists 556 Tennyson, Rochester Hills, Mi. 483 07 248-309-9579
This document contains 4 modules listed below Recommended Study process - First page through the material to see what and how the material is presented Then do modules in the order presented. Complete the written test and submit them to our office for correction.
1. CPL Class Content Specific Study Manual 2. Use of Force Section 3. Range Safety and Shooting Skills 4. Pretest review - Good to do before test
Video Viewing Platform A complete list of 19 videos used in the four training modules. V ideos are presen ted in an easy- to-use formate. Open and start viewing
Student Support
Most used websites
Michigan attorney general Michigan Legislature Michigan State Police Homeland Security Us Customs and Border Patrol
ATF TSA DNR
CPL County Clerks Offices Oakland County Wayne County Ma Comb County LaPeer County Genesse County St Clair County
MSP Contact Section MSP - Contact Phone Numbers Firearms: 517-241-1917 Concealed Pistol License: 517-284-3700 Michigan State Police CPL Web site
CPL Specific Content Study Guide Manual
Manua l Table of Contents Click to link to topic . click on topic page link to return to this page page State Laws Michigan CPL Training Program --------------------------------------------------- 1 Concealed Pistol Application Form ------------------------------------------------ 2 & 3 CPL application procedure ------------------------------------------------------------ 4 & 5 Handgun purchase procedure and forms ---------------------------------------- 6 - 9 Pistol Free Areas ------------------------------------------------------------------------10 & 11 Safe Storage ------------------------------------------------------------------------------- -- 12 Carry Under the Influence ----------------------------------------------------------------13 Possession of another’s handgun ------------------------------------------------------13 P roper Conduct During Encounters with police ------------------------------------14 Reciprocity ---------------------------------------------------------------------------------15 & 16 Federal Laws Guide To the Interstate Transportation Of Firearms Sec. 926A. - Interstate transportation of firearms Youth Safety Handgun act ATF Section (MFAQ T he Interstate Purchase / Sale and Transportation of Firearms
CPL Specific Written Test
Act 372 of 1927 28.425j Pistol training or safety program; conditions.
Sec. 5j. (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 program consists of not less than 8 hours of instruction and all of the following conditions are met: The program is certified by this state or a national or state firearms training organization and provides 5 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. Pistol shooting positions. (iv) Firearms and the law, including civil liability issues and the use of deadly force. This portion shall be taught by an attorney or an individual trained in the use of deadly force. Avoiding criminal attack and controlling a violent confrontation. All laws that apply to carrying a concealed pistol in this state. (b) The program provides at least 3 hours of instruction on a firing range and requires firing at least 30 rounds of ammunition. (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. Not later than October 1, 2004, the certificate of completion shall contain the statement, "This course complies with section 5j of 1927 PA 372." (d) The instructor of the course is certified by this state or a national organization to teach the 8 ‐ hour pistol safety training course described in this section. A person shall not do either of the following: Grant a certificate of completion described under subsection (1) (c) to an individual knowing the individual did not satisfactorily complete the course. Present a certificate of completion described under subsection (1) (c) to a concealed weapon licensing board knowing that the individual did not satisfactorily complete the course. (3) A person who violates subsection (2) 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 concealed weapons licensing board shall not require that a specific form, color, wording, or other content appear on a certificate of completion, except as provided in subsection (5), and shall accept as valid a certificate of completion issued prior to the effective date of the amendatory act that added this subsection that contains an inaccurate reference or no reference to this section but otherwise complies with this section. Beginning October 1, 2004, a concealed weapons licensing board shall require that a certificate of completion
contain the statement, "This course complies with section 5j of 1927 PA 372.” History: Add. 2000, Act 381, Eff. July 1, 2001; Am. 2002, Act 719, Eff. July 1, 2003; Am. 2004, Act 254, Imd. Eff. July 23, 2004. Popular name: CCW
001
RI-012 (04/2019) Michigan State Police Page 7 of 8
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 - -
5a. Social Security Number (Voluntary)
5b. Email Address (Voluntary)
6a.Driver’s License Number or Personal Identification Number
6b. Driver’s License or Personal Identification State of Issuance
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
9a.Race
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
14a. Are you lawfully registered to vote in Michigan?
Yes
No
14b. Are you on active duty status with the United States Armed Forces, stationed outside of Michigan, but your home of record is in Michigan? 14c. Are you on active duty status with the United States Armed Forces, permanently stationed in Michigan, but your home of record is outside of Michigan? No II. Type of License: Check the box next to the type of license that applies to this application. Standard – Application for Standard License Yes No Yes
Emergency – Personal Protection Order Obtained
Emergency – Sheriff
Renewal – If renewing an existing Standard 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 or adjudicated as a juvenile 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
RI-012 (04/2019) Michigan State Police Page 8 of 8
III. Survey (continued) : Answer "yes" or "no" to the following questions . 3. Have you been convicted or adjudicated as a juvenile 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? 4. Have you been convicted or adjudicated as a juvenile 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? 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? 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? 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? 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
Yes
No
Yes
No
Yes
No
Yes
No
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 provided to the county clerk pursuant to MCL 28.425b(22)(a).
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 by the MSP. • During the processing of this application, and for as long as my fingerprints and associated information/biometrics are retained by 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 new 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 If completing this form in person, do not sign until instructed by the county clerk or his or her representative. This does not apply to renewal applications if the completed form will be submitted by mail or electronically. Date
Witness’ Name, Title, and Signature If completing this form in person, the witness will be the County Clerk or Representative. A witness signature is not necessary for renewal applications if the completed form will be submitted by mail or electronically.
Date
When used as a new application, 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.
Concealed Pistol License (CPL) applications
Concealed Pistol License (CPL) applications are available from the Oakland County Clerk's Office. You must apply in person in the county that you reside in. Complete current laws and application information are also available through the Michigan State Police. All Concealed Pistol Licenses will expire on the date of birth of the applicant. They are issued for a period of no more than 5 years and no less than 4 years, dependent on the applicants issue date and date of birth. Changes for new applicants beginning December 1, 2015 Training must be completed within 5 years preceding the date of application. Effective October 1, 2004, the Pistol Safety Training certificate must state "This course complies with Section 5j of 1927 PA 372" and "the individual has successfully completed the course". The training certificate must contain the name, signature and telephone number of the course instructor. Each certificate shall also contain 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, which shall be printed on the face of the certificate or attached in a separate document. Renewal applicants - must certify (in section II of the application) that he/she has completed at least three hours of course review and at least one hour of firing range time within the last six months.
004
Concealed Pistol License (CPL) applications
HOW TO APPLY Print out and complete the Concealed Pistol License Application and bring your application to the Oakland County Clerk's Office. You must appear in person at the Oakland County Clerk's Office along with: Pistol Safety Training certificate (for new applicants) Certification of course review and firing range time (for renewal applicants which is included in section II of the application) Payment for license payable in cash, MasterCard, Visa, Discover, money order or personal check: $100.00 for new (does not include fingerprint fees) $115.00 for renewed Photo not needed after 12/1/15 Once your application has been paid for and processed at the Clerk's Office, new applicants only will proceed to the Oakland County Sheriff Main Jail - Records Bureau for fingerprinting. The cost for fingerprinting is $15.00 and is available Monday-Friday, 8:00 a.m. to 4:30 p.m. Renewal applicants are not required to be fingerprinted. $100 for new license fee (does not include fingerprint fees as of 12/1/15 - $15 fingerprint fee to be paid at OCSO Records Bureau after application is processed at Clerk's Office) $115 for renewed license fee Method of payments: Cash, Visa, MasterCard, Discover, Money Order or In-State Personal Check Purchase Permit Information (OCSO) Oakland County Sheriff's Office, Administrative Services Division See also: Records Unit The Records Bureau is open Monday through Friday, 7:30 a.m. to 5:00 p.m. Please come in no later than a half-hour before we close to allow enough time to assist you. We are closed on most legal holidays. If you have a question on holiday closings, please contact us at 248-858-5011. Please note: our busiest hours are between 11:30 a.m. and 1:30 p.m. FEES:
005
Handgun Purchase 3 part form seller purchaser
Michigan State Police All transactions must be done in Michigan by a legal residence of Michigan All handguns must be registered Purchaser is required to process purchase form 3 ways to submit 1. Mail in form 2. Certified mail ‐ return receipt requested 3. Hand deliver and request receipt No receipt of processing unless you hand deliver and ask for a receipt for Transfe r Out of state acquisition must be transferred into Michigan by FFL dealers in each state Ages 18 but not 21 purchase handgun from person only purchase permit form local P.D CPL is a purchase permit 21 years old ‐ purchase from FFL dealer Background check/purchase permit at P.O.S CPL is a purchase permit can purchase without a CPL
006
CUT ALONG DASHED LINES
RI-060 (05/2016) MICHIGAN STATE POLICE
RI-060 (05/2016) MICHIGAN STATE POLICE
(Type or print in ink)
(Type or print in ink)
PISTOL SALES RECORD
PISTOL SALES RECORD
Number of Pistols Manufacturer
Serial Number
Number of Pistols Manufacturer
Serial Number
Type: Model
Semi-Auto
Revolver
Other:
Type: Model
Semi-Auto
Revolver
Other:
Caliber
Shot
Barrel Length
Overall Length
Caliber
Shot
Barrel Length
Overall Length
Purchaser Information
Purchaser Information
Printed Name (Last, First, Middle) OR Business Name if FFL Dealer
Date of Birth
Race
Sex
Printed Name (Last, First, Middle) OR Business Name if FFL Dealer
Date of Birth
Race
Sex
Address
City
County
ZIP Code
Address
City
County
ZIP Code
Michigan CPL Number 1
Purchaser FFL Number 2
MCOLES Number 3
Michigan CPL Number 1
Purchaser FFL Number 2
MCOLES Number 3
OR
OR
OR
OR
Purchaser Signature
Telephone Number
Purchaser Signature
Telephone Number
Seller Information
Seller Information
Printed Name (Last, First, Middle) OR Business Name if FFL Dealer
Seller FFL Number 4
NICS Transaction Number 5
Printed Name (Last, First, Middle) OR Business Name if FFL Dealer
Seller FFL Number 4
NICS Transaction Number 5
Seller Signature
Date of Sale
Seller Signature
Date of Sale
Purchaser Copy Authority : MCL 28.422a, as amended. Completion : Mandatory for sale to proceed without a License to Purchase. An individual who makes a material false statement on this form is guilty of a felony.
Seller Copy Authority : MCL 28.422a, as amended. Completion : Mandatory for sale to proceed without a License to Purchase. An individual who makes a material false statement on this form is guilty of a felony.
(Type or print in ink) Agency checkshere when entered
RI-060 (05/2016) MICHIGAN STATE POLICE
PISTOL SALES RECORD
GENERAL INSTRUCTIONS Applicability: This form can be used if the purchaser is one of the following: • Michigan resident with a valid Michigan Concealed Pistol License (CPL); • Federally Licensed Firearms (FFL) dealer; • Michigan resident who purchases a pistol from an FFL dealer who has complied with the requirements of the National Instant Criminal Background Check System (NICS); or • Michigan resident who is currently employed as a police officer certified by the Michigan Commission on Law Enforcement Standards (MCOLES). Required Fields: The following information must be provided in fields 1 through 5 as follows: • Michigan CPL Number 1 , - Required if the purchaser has a valid Michigan CPL. • Purchaser FFL Number 2 , - Required if the purchaser is an FFL dealer. • MCOLES Number 3 , Required if the purchaser is currently employed as an MCOLES certified police officer. • Seller FFL Number 4 , - Required if the seller is an FFL dealer. • NICS Transaction Number 5 , - Required if the seller is an FFL dealer unless the purchaser is a valid Michigan CPL holder or an FFL dealer. Distribution: The purchaser shall receive two copies of the form and the seller may retain one copy. Within ten days of purchase or acquisition, the purchaser must submit the registry copy to the city, village, or township police department where the purchaser resides, or the county sheriff. The law enforcement agency receiving the registry copy of this form shall enter the information into the pistol registration database within ten days and forward the form to the Michigan State Police within 48 hours.
Number of Pistols
Manufacturer
Serial Number
Type: Model
Semi-Auto
Revolver
Other:
Caliber
Shot
Barrel Length
Overall Length
Purchaser Information
Printed Name (Last, First, Middle) OR Business Name if FFL Dealer
Date of Birth
Race
Sex
Address
City
County
ZIP Code
Michigan CPL Number 1
Purchaser FFL Number 2
MCOLES Number 3
OR
OR
Purchaser Signature
Telephone Number
Seller Information
Printed Name (Last, First, Middle) OR Business Name if FFL Dealer
Seller FFL Number 4
NICS Transaction Number 5
Seller Signature
Date of Sale
Registry Copy (Within ten days of purchase, this copy must be submitted to the local police or sheriff’s office having jurisdiction where the purchaser resides.) Authority : MCL 28.422a, as amended. Completion : Mandatory for sale to proceed without a License to Purchase. An individual who makes a material false statement on this form is guilty of a felony.
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MICHIGAN STATE OLICE AUTOMATED PISTOL REGISTRATION SYSTE PISTOL REGISTRATION RECEIP T
RESPONSE TO GUN OWNER INQUIRY: SERIAL:1019951 MAKE:CAC DOR:12/22/20 1 CAL: 22
SHOT:6 MODEL:PATHFINDER BBL:4.00 NAME: WRAGE I GERALD ALLEN DOB : RACE:W SEX:M STREET:556 TENNYSON CITY:ROCHESTER COUNTY:OAKLAND MSP FIREARMS AUTOMATED RECORDS:
The handgun owner must ask for this when registering the gun. It is not done unless you request a registration reciept. Cost is $ 1.00 The reciept is proof of registration that can be carried with you as proof on demand that you own the handgun. While not required it can make the proof of ownership as easy as showing the reciept.
008
Out of State Acquisition of a handgun State and Federal laws All handgun must be acquired from the legal owner that is a resident of Michigan Handguns acquired out of state are brought into the state through federally licensed gun dealers
Other State
State of Michigan
Gun Dealer
Gun Dealer
You
009
PISTOL FREE AREAS Beginning July 1, 2001 Individuals licensed to carry a concealed pistol by Michigan or another state will be prohibited from carrying a concealed pistol in the following areas: 1. Schools or school property but may carry while in a vehicle on school property while dropping off or picking up if a parent or legal guardian.
2. Public or private day care center, public or private child caring agency, or public or private child placing agency.
3. Sports arena or stadium
4. A tavern where the primary source of income is the sale of alcoholic liquor by the glass consumed on the premises. Note: Can carry in a restaurant that serves alcohol. 5. Any property or facility owned or operated by a church, synagogue, mosque, temple, or other place of worship, unless the presiding official allows concealed weapons. 6. An entertainment facility that the individual knows or should know has a seating capacity of 2,500 or more. Movie theaters are one such example .
7. A hospital
8. A dormitory or classroom of a community college, college, or university
9. A Casino
Premises does not include parking areas of the above places. A pistol is subject to immediate seizure if the CCW permit holder is carrying a pistol in a “pistol free” area. The following penalties may also be imposed: First offense : State Civil Infraction, $500 fine, CCW permit suspended 6 months Second offense : 90-day misdemeanor, $1000 fine, CCW permit revoked Third and subsequent offenses : 4-year felony, $5000 fine, CCW permit revoked Furthermore, effective March 29, 2001, per Administrative Order 2001-1 of the Michigan Supreme Court: “Weapons are not permitted in any courtroom, office, or other space used for official court business or by judicial employees unless the chief judge or other person designated by the chief judge has given prior approval consistent with the court’s written.
010
MICHIGAN FIREARMS LAWAND LEGAL LIABILITY
SAFE STORAGE PAGE 2 OF 2 Michigan State Law in Effect February 3, 2001 Firearm ownership carries with it a responsibility of safeguarding the welfare of yourself and others when handling firearms. Accident prevention is the user’s responsibility. It is the responsibility of a firearm owner to know what the law is pertaining to ownership, possession, transportation and use of firearms. It is advisable to have a serious discussion with family members concerning a firearm and stressing the danger of careless or unsafe use. A basic rule in firearm safety is to never assume that a firearm is unloaded you should treat every firearm as if it were loaded. A firearm should always be unloaded when not in use and the ammunition stored separately from the firearm it is generally recommended that the cylinder assembly of a revolver and the barrel assembly of a semi-automatic be removed from the frame for long term storage. Both the ammunition and the firearm should be stored in a safe place out of the reach of children. You may be criminally and civilly liable for any harm caused by a person less than 18 years of age who lawfully gains unsupervised access to your firearm if unlawfully stored. As such, a trigger lock, gun case or other device designed to prevent unautho- rized access to a firearm is strongly recommended. The improper storage of a firearm at home could result in the arming of a criminal breaking into the home or the injury or death of a child who discovers the firearm and plays with it. Discharging a firearm at a range without proper ear and eye protection could result in perma- nent damage to those senses. On a semi-automatic firearm, you should keep the safety on and/or action open unless firing. You should always keep the barrel pointed in a safe direction, even when dry firing, loading or unloading. In the event of an accidental discharge, no injury can occur if the barrel is pointed in a safe direction. Dropping a loaded firearm may cause an accidental discharge, even with the safety on. Bullets can glance off many surfaces like rocks, the surface of water and other surfaces. Glancing bullets travel in unpredictable directions with considerable velocity capable of causing injury or death. The law requires a person to report the theft of a firearm to police within 5 days of having knowledge of the theft. Alcoholic beverages and controlled substances should be avoided when using firearms. Possession and use of firearms while under the influence is unlawful and constitutes a reck- less disregard for safety. It is a felony crime to: (a) discharge a firearm in a facility or from a motor vehicle, snowmobile or off road vehicle in a manner as to endanger the safety of another person; (b) discharge a firearm at a facility that is a dwelling or an occupied structure. Never put your finger on the trigger until ready to fire at a proper target. A proper target is knowing what is beyond the target and in the line of fire.
Handgun Training Specialists
012
MICHIGANFIREARMS LAWANDLEGALLIABILITY
Carrying Under the Influence An individual licensed to carry a concealed pistol shall not possess a concealed pistol on their person or motor vehicle while they have any bodily alcohol content (.02 bodily alcohol content [BAC] or above) or a controlled substance.* Acceptance of a Concealed Pistol License (CPL) constitutes implied consent to submit to a chemical test for violations of this law. A police officer who has probable cause to believe an individual is carrying a concealed pistol and has consumed alcohol may require a chemical test of breath, blood, or urine. An individual carrying a concealed pistol with any BAC is subject to immediate seizure of their pistol and the following penalties: BAC of .02 - .07 = State civil infraction, $100 fine, and up to 1-year CPL license revocation. BAC of .08 - .09 = 93-day misdemeanor, $100 fine, and up to 3-year CPL license revocation. BAC of .10 or more = 93-day misdemeanor, $100 fine, and permanent CPL license revocation. * This does not prohibit an individual licensed under this act to carry a concealed pistol who has any bodily alcohol content from transporting that pistol in the locked trunk of his or her motor vehicle or another motor vehicle in which he or she is a passenger or, if the vehicle does not have a trunk, from transporting that pistol unloaded in a locked compartment or container that is separated from the ammunition for that pistol or on a vessel if the pistol is transported unloaded in a locked compartment or container that is separated from the ammunition for that pistol. For other prohibitions against carrying a concealed weapon, see “Pistol Free Areas”. Copyright © 2011 State of Michigan
POSSESSION OF ANOTHER’S HANDGUN - EFFECTIVE JULY 1, 2006
This law allows an individual licensed to carry a concealed firearm to legally carry, possess, use, or transport a firearm belonging to another individual as long as the individual’s firearm is properly licensed and inspected under this act.
Handgun Training Specialists
013
MICHIGAN FIRREARMS LAWAND LEGAL LIABILITY
An individual licensed to carry a concealed pistol who is stopped by a police officer (traffic stop or otherwise) shall immediately disclose to the police officer that he or she is carrying a con- cealed pistol either on their person or in their motor vehicle . Failure to disclose this information to a police officer carries the following penalties: First offense = State Civil Infraction - $500 fine and 6-month CCW license suspension. Second offense = State Civil Infraction - $1000 fine and CCW license revocation. An individual licensed to carry a concealed pistol shall have the license in his or her possession at all times he or she is carrying a concealed pistol. Failure to possess CCW license when carrying a concealed pistol is a State Civil Infraction and a $100.00 fine. Upon request, an individual licensed to carry a concealed pistol shall show both of the following to a police officer: His or her license to carry a concealed pistol His or her driver license or personal identification card Failure to show CCW license and Michigan driver license or Michigan personal identification card when carrying a concealed pistol is a State Civil Infraction and $100.00 fine. A pistol carried in violation of numbers 1, 2, or 3 is subject to immediate seizure by a police officer. If a weapon is seized for failure to possess a CCW license while carrying a concealed pistol: Individual has 45 days in which to display their license to carry a concealed pistol to the law enforcement agency that seized the pistol and the pistol shall be returned. If the individual does not display their license to carry a concealed pistol within 45 days the pistol is subject to forfeiture. To Ensure Safety During Police Encounters If you are stopped by a law enforcement officer you should: Keep your hands where an officer can see them. Cooperate fully with the police officer. I f you have a gun with you, tell the police officer as soon as possible. Do not make any quick movements, especially toward the weapon. If in a vehicle at night, turn on your vehicle’s dome light. I n certain circumstances, a law enforcement officer may take temporary possession of the weapon during interaction with the individual to ensure the safety of the officer and others. The police officer will return the pistol at the end of the stop unless the individual is being charged with a violation of the act or any other law that allows for the weapon to be seized PROPER CONDUCT DURING ENCOUNTERS WITH POLI C CE Release Date: May 31, 2002 Last Update: August 14, 2003 Proper Conduct During Encounters with Police Responsibilities of Individuals With a CCW License:
Handgun Training Specialists
014
Reciprocity
You must know and obey the laws of the state you plan on carrying or transporting a handgun. You are required to operate according to that states laws. Procedure:
1. See our web site at www.handguntrainingspecialists.com 2. Click on the reciprocity link. That will take you to the MCRGO web site 3. Then click on the green state to see that states laws 4. or go directly to http://www.mcrgo.org/mcrgo/dccwrec.asp 5. Then click on the green state to review the laws
Your web site check list Reciprocity Visitor Resident Gun Free Zones Preemption - State Rule Transporting /carry rules in vehicle Out of vehicle Traffic stop Police contact Parks and recreation areas Hotels / Motels / B and B Use of force Self defense Act Stand your ground law Castle law Doctrine Duty to retreat
At present, States shaded in blue will not honor the Michigan CPL. We at MCRGO recommend that any time you travel to or through another state, you contact that state’s Attorney General and ascertain whether or not they’ll honor your permit and find out what if any additional restrictions that state imposes. Remember: when you carry in another state, you still have to recognize their rules and their off-limits areas just as people from other states have to do when they come here. Also see: Michigan State Department of Attorney General Handgun Training Specialists 248-844-8274
015
Reciprical States
AMichigan concealed pistol licensee who wishes to carry a concealed pistol in another state is respon- sible for complying with the laws of that state . Michigan's concealed pistol law expressly recognizes permits issued by other states to its residents. MCL 28.432a. However, non-residents are subject to the Michigan law while carrying a pistol in Michigan, including those restricting where pistols may be carried, the implied consent provision, disclosure to a peace officer when stopped, and carrying while under the influence. A non-resident should acquaint him- self or herself with the Michigan law before carrying a concealed pistol in Michigan. Similarly, a Michigan concealed pistol licensee who wishes to carry a concealed pistol in another state is responsible for complying with the laws of that state. In an effort to identify which states recognize Michigan issued concealed pistol licenses, each state was contacted by the Attorney General.
T hose that recognize Michigan issued permits are: Alabama Alaska Arizona
North Carolina North Dakota Ohio Oklahoma Pennsylvania South Carolina South Dakota Tennessee Texas Utah Vermont (does not require carry permits by residents or non residents) Virginia Washington West Virginia
Arkansas Colorado Delaware
Florida Georgia Idaho Indiana Iowa Kansas
Wisconsin Wyoming
Kentucky Louisiana Maine Mississippi Missouri Minnesota
Again, anyone traveling in one of these states needs to check their laws, which in many instances are available on that state's website
Montana Nebraska Nevada New Hampshire New Mexico
Those states who do not recognize non resident permits are: California Connecticut
Hawaii Illinois Maryland Massachusetts New Jersey New York Oregon
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Transporting a Handgun
If I do not have a CCW permit, may I transport my pistol in a motor vehicle? A person is now permitted to transport a pistol for a lawful purpose if the owner or occupant of the vehicle is the registered owner of the firearm and the pistol is unloaded and in a closed case in the trunk of the vehicle. If the vehicle does not have a trunk, the pistol may be in the passenger compartment of the vehicle unloaded and inaccessible to the occupants of the vehicle. The law defines ‘lawful purpose’ as: • While en route to or from hunting or target shooting area. • While transporting a pistol to or from home or place of business and a place of repair. • While moving goods from one place of residence or business to another place of residence or business. • While transporting a licensed pistol to or from a law enforcement agency for the purpose of having a safety inspection performed (registering the pistol) or to have a law enforcement official take possession of the pistol. • While en route to or from home or place of business to a gun show or place of purchase or sale. • While en route to or from home to a public shooting facility or land where the discharge of firearms is permitted. • While en route to or from home to private property where the pistol is to be used as permitted by law, rule, regulation, or local ordinance 750.227c Transporting or possessing loaded firearm in or upon vehicle; violation as misdemeanor; penalty; applicability to person violating § 31 2.10(1) (g). Sec. 227c. (1) Except as otherwise permitted by law, a person shall not transport or possess in or upon a sailboat or a motor vehicle, aircraft, motorboat, or any other vehicle propelled by mechanical means, a firearm, other than a pistol, which is loaded. (2)A person who violates this section is guilty of a misdemeanor, punishable by imprisonment for not more than 2 years, or a fine of not more than $2,500.00, or both. (3)This section does not apply to a person who violates section 1 0(1)(g) of chapter II of Act No. 286 of the Public Acts of 1929, as amended, being section 312.10 of the Michigan Compiled Laws. History: Add. 1981, Act 103, Eff. Mar. 31, 1982. Sec. 227d. (1) Except as otherwise permitted by law, a person shall not transport or possess in or upon a motor vehicle or any self-propelled vehicle designed for land travel a firearm, other than a pistol, unless the firearm is unloaded and is 1 or more of the following: (a)Taken down. (b)Enclosed in a case. (c) Carried in the trunk of the vehicle. (d)Inaccessible from the interior of the vehicle. (2) A person who violates this section is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not more than $100.00, or both. History: Add. 1981, Act 103, Eff. Mar. 31, 1982. 750.227d Transporting or possessing firearm in or upon motor vehicle or self-propelled vehicle designed for land travel; conditions; violation as misdemeanor; penalty.
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State of Michigan Firearms Definitions As a result of the amendments, the following terms have the following meaning for purposes of the Firearms chapter of the Michigan Penal Code: “Brandish” means to point, wave about, or display in a threatening manner with the intent to induce fear in another person. MCL 750.222(c) “Firearm” means any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive. Previously, the definition of “firearm” included weapons that propelled a dangerous projectile by gas or air. MCL 750.222(e) “Pneumatic gun” means any implement, designed as a gun, that will expel a BB or pellet by spring, gas, or air. Pneumatic gun includes a paintball gun that expels by pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact. MCL “ Alcoholic liquor ” means that term as defined in section 105 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1105. “ Barrel length ” means the internal length of a firearm as measured from the face of the closed breech of the firearm when it is unloaded, to the forward face of the end of the barrel. “ Controlled substance ” means a controlled substance or controlled substance analogue as those terms are defined in section 7104 of the public health code, 1978 PA 368, MCL333.7104. “ Firearm” means a weapon from which a dangerous projectile may be propelled by an explosive, or by gas or air. Firearm does not include a smooth bore rifle or handgun designed and manufactured exclusively for propelling by a spring, or by gas or air, BBs not exceeding .177 caliber. “Pistol” means a loaded or unloaded firearm that is 26 inches or less in length, or a loaded or unloaded firearm that by its construction and appearance conceals itself as a firearm. “Purchaser” means a person who receives a pistol from another person by purchase, gift, or loan. “Seller” means a person who sells, furnishes, loans, or gives a pistol to another person. “Shotgun” means a firearm designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single function of the trigger. “Short-barreled shotgun” means a shotgun having 1 or more barrels less than 18 inches in length or a weapon made from a shotgun, whether by alteration, modification, or otherwise, if the weapon as modified has an overall length of less than 26 inches. “Rifle” means a firearm designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger. “Short-barreled rifle” means a rifle having 1 or more barrels less than 16 inches in length or a weapon made from a rifle, whether by alteration, modification, or otherwise, if the weapon as modified has an overall length of less an 26 inches.
Federal Laws
FEDERAL LAWS
GUIDE TO THE INTERSTATE TRANSPORTATION OF FIREARMS page 1 of 4
I NTRODUCTION The following is a citizen’s guide to legal transportation of personally-owned firearms for hunting, competitive shooting, vacationing, and changing residence between states. Federal law does not restrict individuals (except convicted felons, persons under indictment for felo- nies, mental defectives or incompetents, illegal users of controlled drugs, illegal aliens, veterans dishonorably discharged, those who have renounced their U.S. Citizenship, fugitives from, justice, and persons subject to domestic violence restraining orders) from transporting firearms across state lines. Thus there is no federal interstate transportation permit for firearms. Caution Many states have laws governing the transportation of firearms. Also, many cities and localities have ordinances restricting their transportation. Travelers must be aware of these laws and comply with the legal requirements in each jurisdiction. There is no uniform state transporta- tion procedure for firearms. FEDERAL LAW ON TRANSPORTATION OF FIREARMS A provision of federal law serves as a defense to state or local laws which would prohibit the passage of persons with firearms in interstate travel. Notwithstanding any state or local law, a person shall be entitled to transport a firearm from any place where he may lawfully possess and transport such firearm to any other place where he may lawfully possess and transport such firearms if the firearm is unloaded and in the trunk. In vehicles without a trunk; the unloaded firearm shall be in a locked container other than the glove compartment or con- sole. If necessary stops, e.g., gasoline and rest, seem permissible. CARRYING ON OR ABOUT THE PERSON It must be stressed that as soon as any firearm handgun, rifle, or shotgun is carried on or about the person, or placed in a vehicle where it is readily accessible , state and local firearms laws dealing with carrying come into play. If you seek to transport firearms in such a manner, it is advisable that you determine what the law is by contacting the Attorney Generals office in each state through which you may travel or by reviewing an (1) The appropriate link on our web site (2) The states web site (3 ) NRA State Firearms Law Digest. You should determine whether a permit is needed and how to obtain one if available. While many states require a permit for this type of carrying, some will not issue such permits to nonresidents, and others prohibit such carrying altogether. (Check for reciprocity with the state of Michigan). TRANSPORTATION BY MOTOR VEHICLE In most states, personally-owned firearms may be transported legally if they are unloaded, cased, and locked in the automobile trunk. As an additional precaution, firearms may be disassembled and sepa- rated from the ammunition. The exceptions to this rule deal mainly with interstate transportation of handguns. The myriad and conflicting legal requirements for firearm transportation through the states make caution the key factor for travelers. If You travel with a trailer or camper that is hauled by an automobile, it is advisable to transport the firearms unloaded, cased and locked in the automobile trunk. If your vehicle is of the type in which
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FEDERAL LAWS
GUIDE TO THE INTERSTATE TRANSPORTATION OF FIREARMS page 2 of 4
driving and living spaces are not separated, the problem becomes one of access, I f the firearm, handgun., rifle or shotgun is carried on or about the person, or placed in the camper, where it is readily accessible to the driver or any passenger, state and local laws dealing with concealed carrying of firearms may come into play . It is suggested, therefore, that the firearm be transported unloaded, cased, and placed in a locked rear compartment of the camper or mobile home, inacces- sible to the driver or passenger. Once you reach your destination, the state or, in some areas, munici- pal law, will control the ownership, possession, and transportation of your firearms. NOTE, Generally, when a mobile home is readily mobile, when one can simply start its engine or the engine of its towing vehicle and drive away even if it is capable of being used as a home a mobile home is considered a vehicle. If a mobile home is not mobile, i.e., it does not have an engine, or is not attached to a touring vehicle, and is on blocks, permanently connected to utilities, it is considered a house, not a vehicle. Transporting a firearm on public transportation —a bus, train, subway or aircraft—is regulated both by applicable local, state and federal law, as well as any specific requirements of the transportation company or authority. If you are transporting the firearm within the boundaries of a state and have a state-issued concealed carry permit, you might be able to transport your gun on any mode of public transportation. You should always check with the transportation company regarding the transportation of weapons. When transporting a firearm across state lines via public transportation , the firearm usually must be unloaded and locked in an approved case, and you must give the carrier written notice that a firearm or ammunition is being transported. This is also the procedure for transporting a firearm aboard any commercial airline. Other restrictions and procedures (such as a special check-in proce- dure) may also apply. Sec. 926A. - Interstate transportation of firearms Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof , any person who is not otherwise prohibited by this chapter from trans- porting, shipping, or receiving a, firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle., Provided, That in the case of a ve- hicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console Interstate Controls The GCA makes it unlawful to engage in a firearms business without a license. Federal firearms licensees are generally prohibited from transferring to persons who do not reside in the state where the licensee’s premises are located. Non-licensees are generally prohibited from acquiring firearms outside their state of residence or transferring firearms to nonlicensees who reside out-of state.
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GUIDE TO THE INTERSTATE TRANSPORTATION OF FIREARMS page 3 of 4 FEDERAL LAWS
Transportation Security Administration Reminder to Travelers of Requirements for Transporting Firearms, Firearm Parts and Ammunition on Commercial Aircraft Passengers are prohibited from carrying firearms, firearm parts and ammunition Federal regulations administered by the Transportation Security Administration (TSA) prohibit the carriage of firearms and guns, as well as parts of firearms and guns (such as magazines or clips, bolts, firing pins, and other components), in the traveler’s possession or in carry-on luggage on commercial aircraft. Ammunition also is NOT allowed as a carry-on item. Carrying even a single round of ammu- nition through airport security checkpoints is a violation of regulations. There are certain limited exceptions for law enforcement officers (LEOs) who are authorized to fly armed by meeting the requirements of 49 CFR § 1544.219. TSA regulations are strictly enforced. Violations can result in criminal prosecution and imposition of civil penalties of up to $10,000 per violation. In the case of violations by government employees, TSA may also forward the matter to the employee’s agency. In the case of violations by military personnel related to the performance of military duties, TSA will forward an Enforcement Investigative Report to the service member’s command for appropriate action. II. Checked-baggage requirements for transporting firearms and ammunition All persons carrying firearms and ammunition in checked baggage, including LEOs, must comply with the provisions of 49 CFR § 1540.111. Following is a summary of key requirements of this section and other regulatory provisions. All firearms must be declared to the air carrier during the ticket counter check-in process. Travelers with firearms should check-in at the ticket counter and not use electronic check-in (e.g., kiosks or the Internet). Electronic check-in will not provide adequate compliance with the requirement to declare firearms to the air carrier and will expose the traveler to greater potential for violation and resulting civil or criminal enforcement action. All declared firearms must be unloaded and transported in a locked hard-sided container. While some firearm “parts” are not within the broad definition of the term “firearm,”
Travelers are advised to place all firearm parts in a locked hard-sided container to avoid violations.
Access to the declared firearm must be restricted, with only the passenger possessing the container combination or key to the lock. During the screening process, TSA may notify the passenger that the hard-sided container must be opened for inspection. In this event, it is preferred that the passenger turn over the key or combination to the screener. If the combination is sensitive, the passenger may unlock the lock, but TSA personnel must open the container.
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