CPL Renewal Study Guide 2-2024

CPLR

The Complete Michigan CPL Renewal Self Study Guide and Resource Manual

3 CPL Renewal Topics in one Document

Use of Deadly Force In Self Defense

State and Federal laws

Range Safety and Shooting Skills

Update Revision 1 / 30 / 23

Its All About You

CPL Renewal Program This training is designed to meet and exceed the state of Michigan requirements for the renewal of a Michigan Concealed Pistol License that states, “ You 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”. CPL Renewal Responsibility The fact that you are renewing your CPL tells me you are ready, willing, and able to accept the responsibility that comes with that decisio n. It also means you have the skill and training to carry and use a handgun for self defense at home and on the street. You have made the decision to use deadly force (if necessary) for self-defense. This could be the best or worst decision you will ever make. If a handgun or any firearm is being used for self-defense it is obvious that there is a threat to your life, and someone may live or die based on the results of the situation. That’s why it is called the use of deadly force. You have more power than the state or federal government. You have the ability to be the judge, jury, and executioner all at the pull of a trigger. The decision The decision to use Deadly Force in defense of yourself or possible another person will be a defining moment that will change a person’s life forever. Th ere is no do- overs or time out for training. This is a decision that cannot be undone. Therefore, the act of carrying a concealed pistol gives the CPL holder the ability to respond to a threat to their life at a moment’s notice. T he convenience of concealed carry also creates the convenience of making a mistake . Criminal and civil Liability The Michigan CPL is more than just a license to carry a handgun. I t comes with significant risk and legal liability. A person can be held criminally and civilly liable for wrongfully pointing or discharging a pistol at another person. This could result in trauma to yourself and your family, the loss of freedom, loss of employment, related wages and health benefits, and future wages and employment. There is always the possibility of prosecution and/or a wrongful death lawsuit.

Manual Format Blue underlined text is linked to a page, document, or video. Clicking on a table of contents underlined blue link will take you to the topic page(s) Clicking on a page blue link will take you back to the table of contents. Highlighted text is sometimes used to emphasis content . The Process: 1. Page through the module sections to get good overview of the module material. 2. Complete each study module in the order listed at the beginning of each module. 3. Complete and submit study module written test. 4. The test will be corrected and returned to the test taker. Answers to the test questions are found in the study guide content text and video. The page where the correct answer is found will be noted on the corrected test, along with additional notes if necessary.

Document Module Contents 1. State Laws • Pages Mi laws 1- 49 • One video 2. Federal Law • Pages 53 - 65 • 40 question law test link at end of Module. 3. Use of Deadly Force in Self Defense • Pages 67 – 90 • 20 question test link at end of module. • 5 videos 4. Range Safety and Shooting Skills • pages 92 - 114 • 20 question Test link at end of module • 6 videos

5. Semi Auto Shooting Skill Training Aid pages 116 - 130

6. Instructor 7. Training Location

MI Laws 001

State of Michigan Firearms Laws

Revised 1-28-2023

MI Laws 002

Student Support Section

Use as desired for reference and information

Michigan State Police Links

MSP General Contact Directory Concealed Pistol Licensing: 517-284-3700 MSP - &3/ $SSOLFDWLRQ DQG ,QVWUXFWLRQV MSP- &3/ DQG )LUHDUPV MSP - Legal Update Archives List Concealed Pistol License Renewal Information and process

Most Used Web Sites

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MI Laws 003

Module One Table of Contents State of Michigan laws

State CCW Law Review Video

Purchase and Sale of Handguns Out of State Purchase of a Handgun FFL Firearms Transfer Process Transporting A Handgun Transporting a long gun Firearms, Target Practice and Hunting Home and Travel Handgun Security Issues Safe Storage Pistol Free Areas Conduct During an Encounter Police Carry Under the Influence Possession of another's handgun Firearms and Marijuana Reciprocity Weapons Weapons and the CPL CPL Renewal Information and Application CPL Renewal Rules Concealed Pistol Application Form State of Michigan Firearms Definitions

T he Michigan Legal Update Process Firearms Laws and the Distribution Process - Flow Chart

Managing Legal Updates and Resources

Michigan Legal Updates

MI Laws 004

Handguns Purchase and Sale The minimum age to purchase and own a handgun? • 18 years old to own. • 18 to purchase from a private party • 21 years old to purchase from an FFL dealer. • 21 to purchase handgun ammunition • All handguns must be registered including those ke pt at home that may never be fired. The minimum age to shoot a handgun (be in possession) Sec 750.234f Possession of firearm by person less than 18 years of age; exceptions; violation as misdemeanor; penalty. Sec. 750.234f. (1) Except as provided in subsection (2), an individual less than 18 years of age shall not possess a firearm in public except under the direct supervision of an individual 18 years of age or older. (Hunting rules can be an exception) 18 years old to shoot at an indoor or outdoor public range due to minimum age to own a handgun. A person under 18 can shoot a handgun on private property. The person must be in the company of someone 18 or older. The pistol sales record form can be used if the purchaser is one of the following: 1. Michigan resident with a valid Michigan Concealed Pistol License (CPL); 2. Federally Licensed Firearms (FFL) dealer; 3. 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). NICS Handgun Purchase Process NICS Background check When a person tries to buy a firearm, the seller, known as a Federal Firearms Licensee (FFL), contacts NICS electronically or by phone. The prospective buyer fills out the ATF form, and the FFL relays that information to the NICS. The NICS staff performs a background check on the buyer. That background check verifies the buyer does not have a criminal record or isn't otherwise ineligible to purchase or own a firearm. Straw Purchase The ATF defines a straw purchase as “Buying a gun for someone who is prohibited by law from possessing one or for someone who does not want his or her name associated with the transaction is a “straw purchase.” That means not only is buying a gun for a prohibited person a straw purchase, but so is buying one for that friend or family member who thinks a 4473 is “registration” and “doesn’t want the government to know that they bought a gun.”

MI Laws 005

Private (person to person) handgun purchase Age 18 but not 21

• Purchaser must acquire a purchase permit form local P.D. due to age. • Both parties must complete purchase form. • Purchaser is responsible for registering the handgun.

21 years old Without a CPL

• Purchaser must acquire a purchase permit form local P.D. • Both parties must complete purchase form. • Purchaser is responsible for registering the handgun.

With a CPL

• T he Michigan CPL is used as a purchase permit. • Both parties must complete the pistol sales record form • Purchaser is responsible for registering the handgun. The Handgun Purchaser i s required to send the registry part of the pistol sales record form (see below) to their local police dept. within 10 days of the purchase. There are two options: 1. Mail in form - use certified mail - return receipt requested to assure delivery 2. Hand deliver Purchase from a Michigan Gun Dealer. The gun dealer performs the entire purchase process at the time of purchase. Forms to complete at P.O.S ATF form 4473 Pistol Sales Record Other forms required by the gun dealer. NICS background check (National Instant Criminal Background Check System) POS Process – gun dealer does the NICS background check. Purchase is required to register the handgun with their local PD. Within 10 days of purchase.

MI Laws 006

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Out of State Purchase / Acquisition of a Handgun

MI Laws 007

All handgun ƉƵƌŚĂƐĞ ĂŶĚ ƐĂůĞƐ ŵƵƐƚ ƚĂŬĞ ƉůĂĐĞ ŝŶ ƚŚĞ ƐƚĂƚĞ DŝĐŚŝŐĂŶ ďLJ a ůĞŐĂů ƌĞƐŝĚĞŶĐĞ ŽĨ DŝĐŚŝŐĂŶ͘ dŚĂƚ ŝŶĐůƵĚĞĚ s ŐƵŶ ĚĞĂůĞƌƐ ĂŶĚ ƉĞƌƐŽŶ ƚŽ ƉĞƌƐŽŶ ƐĂůĞƐ͘ ,ĂŶĚŐƵŶƐ ĂĐƋƵŝƌĞĚ ŽƵƚ ŽĨ ƐƚĂƚĞ ďLJ Ă DŝĐŚŝŐĂŶ ƌĞƐŝĚĞŶƚ ĂƌĞ ďƌŽƵŐŚƚ ŝŶƚŽ ƚŚĞ ƐƚĂƚĞ ƚŚƌŽƵŐŚ ĨĞĚĞƌĂůůLJ ůŝĐĞŶƐĞĚ ŐƵŶ ĚĞĂůĞƌƐ ŝŶ ĞĂĐŚ ƐƚĂƚĞ͘

Other State

State of Michigan

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Gun Dealer

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zŽƵ ƉŝĐŬ ƵƉ ŚĂŶĚŐƵŶ Ăƚ ŝŶƐƚĂƚĞ ĚĞĂůĞƌ

Source - ATF MFAQ 3. May an unlicensed person obtain a firearm from an out-of-state source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own state? A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-state source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser’s state of residence for the purchaser to obtain the fire arm from the dealer. [18 U. S. C 922(a)( 3)and (5), 922( b)(3), 27 CFR 178.29]

007 MI Laws 008

What is an FFL Transfer?

Generally, Federal law allows for private parties to engage in non commercial gun sales to other private parties in their own state. This means if you have a gun sitting around you don’t want anymore, you usually can just sell it to another person face to face as long as that person isn’t prohibited from owning a gun. Some states have laws that prevent that, and you can’t sell guns across state lines without using a dealer, or a handgun to an out of state resident. Sometimes there are other limitations, but these are the broad aspects of it. But if you bought a gun from an online source, or out of state, or your state doesn’t allow private sales, you need to do an FFL transfer. This means getting an FFL dealer to run a background check on you, and any other state requirements just like if they were the ones selling you the gun in the first place . So you’ve bought that gun. Great! But you need to transfer it. What’s next? Well you’ll need to find an FFL Dealer close to you. If you are a regular at a favorite gun store, you are halfway there. You might want to call around your area and ask who has the lowest price for a transfer. Usually they run about $20-30, but higher prices are not unheard of, and multiple guns may come with different price structures. If you are doing a local private party transfer, you can usually just walk in during business hours, unless the store advertises otherwise. But if you are getting a gun shipped to you, you’ll need to do a few different things both out of good manners and to make things easier all around. How Do You Do an FFL Transfer?

MI Laws 009

What Are the Procedures For an FFL Transfer?

When having a gun sent to an FFL for transfer DO the following: x Arrange it with the FFL ahead of time. Nobody likes a mysterious gun showing up unexpectedly to their store. x Get a copy of their FFL to send to the person you are buying from. If a private party, they usually don’t need to see it. If a dealer, they’ll need to see a copy. Often your FFL dealer can fax or email that to the other party. x Wait for the gun to show up AND for the FFL dealer to log it into their inventory. This might take a couple days depending on how busy they are. x Come in when your FFL dealer is ready for you and do the background check paperwork like you would any other gun purchase. x Pay the transfer fee and any applicable state fees or taxes. A lot of guns are now sold online. Of course it is illegal to send those guns directly to consumers in most cases. (There are exceptions for in state person to person sales where legal, and certain antique or black powder guns in most states.) That means if you buy a gun online through a distributor or a dealer or even from another person you need to arrange an FFL transfer. Auction sites like http://www.gunbroker.com/ will help connect you with a local FFL who can receive your purchase. Or of course if you have a favorite local FFL, just talk to them. If you are buying a brand new gun, some distributors will ship directly to a local FFL of your choice. If you are doing an FFL transfer for an online order, be sure to coordinate it with the receiving FFL before arranging shipping. Nobody likes an unexpected gun showing up, and it will simplify the whole process for you and your FFL. FFL Transfers For Online Orders

MI Laws 010

Transporting a handgun: The handgun owner is the only person allowed to transport the handgun. The handgun is not accessible to the occupants of the vehicle– meaning The handgun is in a Locked “gun box” No ammunition in handgun or box. Place in a trunk if available, if not- If in a SUV, van or pick-up truck- placed in a “reasonable” in accessible area based on vehicle Ammunition can be transported in another container. If I do not have a CPL, may I transport my pistol in a motor vehicle? MCL 750.231 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. A 'lawful purpose' includes: a) While en route to or from a hunting or target shooting area. b) While transporting a pistol to or from home or place of business and a place of repair. c) While moving goods from one place of residence or business to another place of residence or business. d) 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. e) While en route to or from home or place of business to a gun show or place of purchase or sale. f) While en route to or from home to a public shooting facility or land where the discharge of firearms is permitted. g) 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 propelled by mechanical means; violation as misdemeanor; penalty. 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 either of the following: A firearm, other than a pistol, that is loaded. A pneumatic gun that is loaded and expels a metallic BB or metallic pellet greater than .177 caliber. (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. History: Add. 1981, Act 103, Eff. Mar. 31, 1982;—Am. 2015, Act 26, Eff. July 1, 2015.

MI Laws 011

750.227d “Transporting or possessing firearm” in or upon motor vehicle or self-propelled vehicle designed for land travel; violation as misdemeanor; penalty. 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 either of the following: (a) A firearm, other than a pistol, unless the firearm is unloaded and is 1 or more of the following: (i) Taken down. (ii) Enclosed in a case. (iii) Carried in the trunk of the vehicle. (iv) Inaccessible from the interior of the vehicle. (b) A pneumatic gun that expels a metallic BB or metallic pellet greater than .177 caliber unless the pneumatic gun is unloaded and is 1 or more of the following: (i) Taken down. (ii) Enclosed in a case. (iii) Carried in the trunk of the vehicle. (iv) 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. Transporting long-guns MCL 750.227d describes that any firearm other than a pistol can only be transported in a motor vehicle if it is unloaded and is one or more of the following: taken down, enclosed in a case, carried in the trunk of the vehicle, or inaccessible from the interior of the vehicle. A violation of this section is a misdemeanor punishable by imprisonment for not more than 90 days, or a fine of not more than 100.00 or both

MI Laws 012

&ŝƌĞĂƌŵƐ͕ dĂƌŐĞƚ WƌĂƚŝĐĞ ĂŶĚ ,ƵŶƚŝŶŐ

324.43513 Carrying, transporting, or possessing firearm, slingshot, bow, or crossbow; hunting license not required; hunting on game bird hunting preserve; carrying or possessing unloaded and uncocked weapon . Sec. 43513. (1) An individual may carry, transport, or possess a firearm without a hunting license if the firearm is unloaded and either enclosed in a case or carried in a vehicle in a location that is not readily accessible to any occupant of the vehicle. An individual may carry, transport, or possess a slingshot, bow, or crossbow without a hunting license if the slingshot, bow, or crossbow is unloaded and uncocked, enclosed in a case, or carried in a vehicle in a location that is not readily accessible to any occupant of the vehicle. (2) Regardless of whether the individual has a license or it is open season for the taking of game, an individual may carry, transport, possess, or discharge a firearm, a bow, or a crossbow if all of the following apply: (a) The individual is not taking or attempting to take game but is engaged in 1 or more of the following activities: (i) Target practice using an identifiable, artificially constructed target or targets. (ii) Practice with silhouettes, plinking, skeet, or trap. (iii) Sighting-in the firearm, bow, or crossbow. (b) The individual is, or is accompanied by or has the permission of, either of the following: (i) The owner of the property on which the activity under subdivision (a) is taking place. (ii) The lessee of that property for a term of not less than 1 year. (c) The owner or lessee of the property does not receive remuneration for the activity under subdivision

MICHIGAN FIREARMS LAW AND LEGAL LIABILITY

MI Laws 013

Safe Storage Page 1 of 2 Home and Travel handgun Security Issues

Under public Act 381 there are areas and establishments where the carrying of a concealed weapon is not allowed. This means there will be times when you will be required to leave your handgun in your car when you enter these areas . At all times, at home or in the car, the handgun must be “securely and safely” stored to avoid theft. Failure to do so could put you at risk of civil and criminal liability. Safe storage must always be the priority, an accidental discharge should never happen. Firearms should be made available to authorized individuals only. Children, spouse, relatives or visitors may have access to your gun if you keep it in the home. Guns attract the curious who may have no training in safe handling. Here are some ideas which may help you maintain a safe home: Install a LOCK on a Closet door and make a routine of placing your gun in the locked Closet as soon as you arrive home. Buy a small lockable gun box to which only you have the combination. Install a trigger lock or bore lock on the gun when it is not in use. These are available in gun stores at a reasonable price Educate your family and Children about gun safety to minimize their risk, not only at your home, but also if they should encounter a gun while in another home. Education of Children is practical if they are at an age where they can understand your instructions, the concept of death, and can be expected to be responsible for their actions. No one can set the standard for safety in your home -- you must decide how your gun is best stored. There are statutes in this State governing the storage of guns in a private residence. Civil and Criminal penalties can apply to those who negligently store handguns and they are accessed by unauthorized individuals.

Your guns should be stored safely at home

Use trigger locks

The Gun Vault allows safely storing a loaded handgun at home

Safe storage boxes

Under the counter storage

Store firearms safely away from children

Educate your family about firearms

Handgun Training Specialists

MICHIGAN FIREARMS LAWAND LEGAL LIABILITY

MI Laws 014

SAFE STORAGE Michigan State Law in Effect February 3, 2001 Firearm ownership carries with it a responsibility RI VDIHJXDUGLQJ WKH ZHOIDUH RI \RXUVHOI DQG RWKHUV ZKHQ KDQGOLQJ ILUHDUPV $FFLGHQW SUHYHQWLRQ LV WKH XVHU¶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ou 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. 7KH LPSURSHU VWRUDJH RI D ILUHDUP DW KRPH FRXOG UHVXOW LQ WKH DUPLQJ RI D FULPLQDO EUHDNLQJ LQWR WKH KRPH RU WKH LQMXU\ RU GHDWK RI D FKLOG ZKR GLVFRYHUV WKH ILUHDUP DQG SOD\V ZLWK LW 'LVFKDUJLQJ D ILUHDUP DW D UDQJH ZLWKRXW SURSHU HDU DQG H\H SURWHFWLRQ FRXOG UHVXOW LQ SHUPD QHQW GDPDJH WR WKRVH VHQVHV 2Q D VHPL DXWRPDWLF ILUHDUP \RX VKRXOG NHHS WKH VDIHW\ RQ DQG RU DFWLRQ RSHQ XQOHVV ILULQJ

Handgun Training Specialists

MI Laws 015

Prohibited Premises

Pistol Free Areas

Individuals licensed to carry a concealed pistol by Michigan or another state are prohibited from carrying a concealed pistol or a portable device that uses electro-muscular disruption technology on the following premises: Please refer to MCL 28.425o for the complete statutory text 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 5. Any property or facility owned or operated by a church, synagogue, mosque, temple, or other place of worship, unless the presiding official or officials allow concealed weapons 6. An entertainment facility that the individual knows or should know has a seating capacity of 2,500 or more 7. A hospital 8. A dormitory or classroom of a community college, college, or university “Premises” does not include the parking areas of the places listed above. 9. A Casino (no concealed or open carry in parking lots controlled by casino). (Keep gun in a lock container.) A pistol is subject to immediate seizure if the CPL holder is carrying a pistol in a prohibited area. The pistol is only subject to seizure if the holder is carrying it concealed, except in casinos. In a casino the pistol is subject to seizure whether carried concealed or exposed. The following penalties may also be imposed: • First offense: State Civil Infraction, $500 fine, CPL permit suspended 6 months • Second offense: 90-day misdemeanor, $1000 fine, CPL permit revoked • Third and subsequent offenses: 4-year felony, $5000 fine, CPL 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 policy."

MI Laws 016

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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 concealed pistol either on their person or in their motor vehicle.

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MI Laws 017

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. )RU RWKHU SURKLELWLRQV DJDLQVW FDUU\LQJ D FRQFHDOHG ZHDSRQ VHH ³3LVWRO )UHH $UHDV´ &RS\ULJKW ‹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

POSSESSION OF ANOTHER’S HANDGUN - EFFECTIVE JULY 1, 2006

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MI Laws 018

Firearms and Marijuana

An example of this this risk relates to the possession or use of marijuana while also being in the possession of a firearm. While this article focuses on State law there is also an interplay between Federal law and marijuana. As it relates to State law, Michigan gun owners should know that it is unlawful in Michigan to possess a firearm under the influence of alcohol, drugs or a combination of alcohol and drugs. There are two separate laws that apply to this scenario, one of which appears in the criminal code and one of which appears in the firearms statute. Both contain provisions applicable to the possession of a firearm under the influence of marijuana, but there are important differences as well.

Possession of Firearm Under the Influence of Marijuana Under the Criminal Code

The Michigan Penal Code provides, in section 750.237, that it unlawful to carry, have in your possession or under your control, or use in any manner, or to discharge a firearm while you are under the influence of alcohol, drugs or a combination of alcohol or drugs. It is equally unlawful to do any of these things while impaired by alcohol or drugs. A violation of this law is misdemeanor and will result in your CPL being suspended for a minimum 8 year period.

Possession of Firearm Under the Influence of Marijuana Under the Firearms Statute.

The Michigan Firearms Act also provides, in Michigan Complied Laws Section 28.425k, that you may not carry a concealed pistol while you are under the influence of alcoholic liquor or a controlled substance, or a combination of the two. A violation of this law is also a 93-day misdemeanor. However, it appears that a violation under this law will result in a possible lifetime revocation of a person's CPL.

What is "Under the Influence?''

Neither law contains a definition of under the influence. By way of comparison, under the motor vehicle code under the influence means that your ability to operate a motor vehicle was substantially lessened. It is not clear exactly what standard would apply to define under the influence for firearms.

It is also important to know that any criminal penalties will also subject to you to registration under the National Instant Criminal Background Check System (NICS). This may result in your also being prohibited fromowning or carrying a gun.

MI Laws 019

Can I Have a CPL and be a Medical or Recreational Marijuana User? The bottom line in all of this is that until some action is taken at both the state and federal level, recreational users will have to decide between their use and/or possession of marijuana and their use and/or possession of firearms.

Excerpt from ATF firearms purchase form 4473

Section 21. "yes" or "no" questions: Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance? Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside. Federal Requirements Pursuant to MCL 28.426, a CPL may not be issued to a person prohibited under federal law from possessing or transporting a firearm as determined through the federal National Instant Criminal Background Check System (NICS). Questions regarding the NICS check should be directed to the Federal Bureau of Investigation (FBI) NICS Section at 1-877-FBI-NICS (877-324

The Michigan Penal Code provides, in section 750.237 Michigan Complied Laws Section 28.425k Pursuant to MCL 28.426,

MI Laws 020

Reciprocity

What you should know about other state CPL gun laws Does the state have r HFLSURFLW\ with Michigan ? What are there gun free zones 7UDQVSRUWLQJ rules Concealed FDUU\ UXOHV Police contact and traffic stops

Check States Here at USCCA website It is also good advise to check the states website that you plan to carry a pistol in .

At present, States shaded in blue will not honor the Michigan CPL. We recommend that anytime you travel to or through another state, you contact that state's website. (See Georgia as example) 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 he re .

Reciprocal States

MI Laws 021

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 . 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.

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Again, anyone traveling in one of these states needs to check their laws, which in many instances are available on that state's website

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MI Laws 022

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750.224 Weapons; manufacture, sale, or possession as felony; violation as felony; penalty; exceptions; “muffler” or “silencer” defined . Sec. 224. (1) A person shall not manufacture, sell, offer for sale, or possess any of the following: D $ PDFKLQH JXQ RU ILUHDUP WKDW VKRRWV RU LV GHVLJQHG WR VKRRW DXWRPDWLFDOO\ PRUH WKDQ VKRW ZLWKRXW PDQXDO UHORDGLQJ E\ D VLQJOH IXQFWLRQ RI WKH WULJJHU E $ PXIIOHU RU VLOHQFHU F $ ERPE RU ERPEVKHOO G $ EODFNMDFN VOXQJVKRW ELOO\ PHWDOOLF NQXFNOHV VDQG FOXE VDQGEDJ RU EOXGJHRQ H $ GHYLFH ZHDSRQ FDUWULGJH FRQWDLQHU RU FRQWULYDQFH GHVLJQHG WR UHQGHU D SHUVRQ WHPSRUDULO\ RU SHUPDQHQWO\ GLVDEOHG E\ WKH HMHFWLRQ UHOHDVH RU HPLVVLRQ RI D JDV RU RWKHU VXEVWDQFH ;ϮͿ A person who violates subsection (1) is guilty of a felony, punishable by imprisonment for not more than 5 years, or a fine of not more than $2,500.00, or both. ;ϯͿ Subsection (1) does not apply to any of the following: D $ VHOI GHIHQVH VSUD\ RU IRDP GHYLFH DV GHILQHG LQ VHFWLRQ G E $ SHUVRQ PDQXIDFWXULQJ ILUHDUPV H[SORVLYHV RU PXQLWLRQV RI ZDU E\ YLUWXH RI D FRQWUDFW ZLWK D GHSDUWPHQW RI WKH JRYHUQPHQW RI WKH 8QLWHG 6WDWHV F $ SHUVRQ OLFHQVHG E\ WKH VHFUHWDU\ RI WKH WUHDVXU\ RI WKH 8QLWHG 6WDWHV RU WKH VHFUHWDU\¶V GHOHJDWH WR PDQXIDFWXUH VHOO RU SRVVHVV D PDFKLQH JXQ RU D GHYLFH ZHDSRQ FDUWULGJH FRQWDLQHU RU FRQWULYDQFH GHVFULEHG LQ VXEVHFWLRQ (4) $V XVHG LQ WKLV FKDSWHU ³PXIIOHU´ RU ³VLOHQFHU´ PHDQV RU PRUH RI WKH IROORZLQJ D $ GHYLFH IRU PXIIOLQJ VLOHQFLQJ RU GHDGHQLQJ WKH UHSRUW RI D ILUHDUP E $ FRPELQDWLRQ RI SDUWV GHVLJQHG RU UHGHVLJQHG DQG LQWHQGHG IRU XVH LQ DVVHPEOLQJ RU IDEULFDWLQJ D PXIIOHU RU VLOHQFHU F $ SDUW GHVLJQHG RU UHGHVLJQHG DQG LQWHQGHG RQO\ IRU XVH LQ DVVHPEOLQJ RU IDEULFDWLQJ D PXIIOHU RU VLOHQFHU

MI Laws 023

w eapons and The CPL

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MI Laws 024

CPL Renewal Rules

1. An application to renew a CPL may be submitted not more than six months before, nor one year after, the expiration of the current CPL. 2. A CPL is valid until the applicant's date of birth that falls not less than four years or more than five years after the license is issued or renewed. 3. CPL holders will be notified that their license is approaching expiration by their county clerk between three to six months prior to the expiration of their current license. A CPL may be renewed at the appropriate county clerk’s office with a $115 payment to the county clerk. 4. Upon payment of renewal fees, the applicant will be issued a receipt . If an individual applies for a renewal license prior to 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. A person carrying a concealed pistol after the expiration of his or her license pursuant to such an extension shall keep the receipt issued by the county clerk and his or her expired license in his or her possession at all times he or she is carrying the pistol. The receipt, when carried with the expired license, shall serve as a valid CPL until the new license or notice of statutory disqualification is received. If an individual applies for a renewal license after the expiration of his or her license, the individual is not permitted to carry a pistol concealed until such time as the renewal license is issued . 5. Possession of this receipt and expired CPL does not exempt the holder from the requirement to obtain a license to purchase a pistol or exempt a firearms dealer from running a background check prior to the sale of a pistol. 6. An application is considered a renewal if the applicant has previously received a CPL in compliance with the training requirements set forth in Michigan law effective July 1, 2001, and the previous license has not been expired more than one year. 7. An applicant applying for a renewal is not required to have fingerprints taken again if the applicant's fingerprints have been submitted to and are maintained by the MSP. Fingerprints have been maintained by the MSP since January 1, 2006. 8. The applicant shall sign the statement on the application certifying that he or she has completed at least three hours of review of the required training and has had at least one hour of firing range time in the six months immediately preceding the renewal application. 9. An individual licensed to carry a concealed pistol may carry a concealed pistol under the authority of his or her CPL until the CPL expires or the individual's authority to carry a concealed pistol is otherwise suspended or revoked, whichever comes first.