Just Released SB442 S-1 (revised) and SB561Summary with Explanations

NOTE This is now Outdated. Please see the new Post: http://248shooter.com/index.php/just-released-sb442-s-2-revised-and-sb561-s-1-revised-summary-with-explanations/

 

Sen. Green and Sen. Meekhof are pushing forward an amended version of SB442 as well as expanding on that bill with a new bill SB561.

With MCRGO and the NRA for these bills and MGO and MOC still against them. What does the back and forth mean to you though? The answer to that is going to be individualized based on what you as a gun owner think is the most important. We are trying hard to not take a specific stance on one side or the other. The goal in this article is to present the facts as we know and understand them to allow you to make the choice.

I will also remind you all I am just a dumb journalist with little to no legal knowledge. This article is based on communications with individuals on both sides as well as some discussion with attorneys who have no desire to be named here.

Here is the links for you to go read this all yourself.

https://www.legislature.mi.gov/documents/2015-2016/billintroduced/Senate/pdf/2015-SIB-0561.pdf

http://www.legislature.mi.gov/documents/2015-2016/billintroduced/Senate/htm/2015-SIB-0442.htm

SB442 looks to amend MCL 28.425 a, b, d and o.

MCL 28.425a

Adds the bold statement to the existing law:

The county clerk shall include an indication on the license if an individual is exempt from the prohibitions against carrying a concealed pistol on premises described in section 5o if the applicant provides acceptable proof that he or she qualifies for that exemption or if the applicant requests the exemption indorsement on his or her application form.

Affect:

Creates a new group of exemptions for the CPFZ (Concealed Pistol Free Zones) for CPL holders who request an exemption. This will allow them to carry in these zones as other special groups like off duty police officers can now.

MCL 28.425b

Adds the bold statement to the existing law:

Beginning December 1, 2015, the application shall allow the applicant to designate whether the applicant seeks an emergency license and whether he or she seeks an exemption from the prohibition against carrying a concealed pistol on the premises described in section 5o.

Affect:

Users will be able to apply for emergency licenses with the exemption.

Adds the bold statement to the existing law:

Beginning December 1, 2015, the county clerk shall include an indication on the license if an individual is exempt from the prohibitions against carrying a concealed pistol on premises described in section 5o if the applicant provides acceptable proof that he or she qualifies for that exemption or if the applicant requests the exemption indorsement on his or her application form.

Affect:

Allows for the CPFZ exemption to anyone who asks without additional requirements.

Add sub section 19:

(19) An individual who applies for and is granted an exemption from section 5o at the time the individual applies for an original or renewal license under this act is not required to pay any additional fee. An individual who holds a valid license and who applies for an exemption from section 5o at a time other than at the time the individual applies for an original or renewal license under this act may be required to pay a fee of not more than $20.00 for both receiving and processing the application for the exemption and issuing a replacement license. The exemption shall appear as an indorsement on the face of the license. The fee collected under this subsection shall be deposited in the concealed pistol licensing fund of the county created under section 5x.

Affect:

If you apply for a renewal or new licenese the endorsement is at no additional cost. If you request the endorsement outside your renewal or new CPL you need to pay a fee up to but not exceeding $20.

MCL 28.425d

Adds the bold statement to the existing law:

Sec. 5d. (1) If the county clerk issues a notice of statutory disqualification, fails to provide a receipt that complies with section 5b(1) or 5l(3), fails to provide an exemption from the prohibitions set forth in section 5o, or fails to issue a license to carry a concealed pistol as provided in this act, the department of state police fails to provide a receipt that complies with section 5l(3), or the county clerk, department of state police, county sheriff, local police agency, or other entity fails to provide a receipt that complies with section 5b(9), the applicant may appeal the notice of statutory disqualification, the failure to provide a receipt, the failure to provide an exemption, or the failure to issue the license to the circuit court in the judicial circuit in which he or she resides. The appeal of the notice of statutory disqualification, failure to provide a receipt, failure to provide an exemption, or failure to issue a license shall be determined by a review of the record for error.

Affect:

Sets up recourse for those denied the exemption as it is a shall issue condition.

Note:

To save time and space this type of inclusion is in multiple places all for the same purpose.

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About 248 Shooter

248 Shooter
Charles is the editor and lead writer for 248 Shooter, a Michigan based gun, news and gear review site. An avid student, taking classes from top tier trainers around the country. Charles is not LEO, Military or Invested in the companies he reviews. The goal of all articles is to show an gun fan enthusiasts opinions on popular products in the market. The opinions expressed are individual opinions that we hope you enjoy reading and offer a unique user perspective that may be of assistance. Charles shares his love for training as well as experience and opinions on some of the most talked about gear and products used by competitive shooters, military, leo and civilians. Ever a supporter of the Michigan economy, the hunting sports and the 2nd amendment.

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