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How To Get A Michigan Concealed Pistol License
Rick Ector, Rick's Firearm Academy of Detroit
http://www.detroitccw.com
Table of Contents
Introduction …........................................................................................................... 6
A Michigan Concealed Pistol License Is Not A 007 License .................................... 8
7 Reasons to Get a Concealed Pistol License …...................................................... 10
7 Facts About the Concealed Pistol License You May Not Have Heard …............. 12
7 Things That You Do Not Need to Get a Concealed Pistol License …................... 15
7 Myths You May Have Heard About the Concealed Pistol License …................... 18
What are the Requirements for Getting a Concealed Pistol License? ….................. 21
CPL Applicant Mental Health Considerations …...................................................... 25
How to Select a Statutorily Authorized CPL Instructor …........................................ 28
CPL Class Firearms Law Module Considerations …................................................ 31
How to Select a State of Michigan Compliant CPL Class ….................................... 33
How to Screen out a Non-Compliant CPL Class in 60 Seconds …........................... 36
Four Reasons Why CPL Applicants Should Shun the “Hook-up” Class ….............. 38
Michigan County Gun Boards: Organization, Duties, & Powers …......................... 41
Concealed Pistol License Applicant's Rights …........................................................ 46
Concealed Pistol License Application Completion & Submission Tips …............... 49
Michigan County Gun Board Appearance Tips ….................................................... 52
7 Questions Michigan County Gun Boards Like to Ask CPL Applicants …............ 54
How to Contest a Concealed Pistol License Rejection.............................................. 57
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Notice of Copyright
This publication is protected under the US Copyright Act of 1976 and all other
applicable international, federal, state and local laws, and all rights are reserved,
including resale rights.
No part of this publication may be reproduced or transmitted in any form, by any means
(e.g. electronic, photocopying, recording, or otherwise) without the prior written
permission of the author.
Any trademarks, service marks, product names, or named features are assumed to be the
property of their respective owners, and are used only for reference. There is no implied
endorsement if we use any of these terms.
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Disclaimer
The information provided within this book is strictly for informational purposes only.
Please note that some of this publication is based on personal experience and anecdotal
evidence.
Although the author has made every reasonable effort to accurately document the subject
matter contained therein, he assumes no responsibility for errors or omissions and can
not be held responsible for your actions and the choices you make after reading this
book.
You should use this information in this book as you see fit and at your own risk. Your
particular situation may not be exactly suited to the examples illustrated therein. In fact,
it's likely that your exact circumstances are not the same and you should adjust your use
of the information and recommendations accordingly.
Thus, you are strongly encouraged to not only conduct your own independent research
but to also consult with a competent and qualified attorney before accepting as fact
anything you have read in this book.
Laws governing the Michigan Concealed Pistol License, self-defense, lethal force,
firearms, and their enforcement are always subject to change due to laws being
amended, politics conducted in the County Prosecutor's Office, and election results at all
levels of government in our country.
Ignorance of the law, legally speaking, is not a valid excuse for running afoul of it. The
penalties and fines imposed upon violators of firearms related offenses are stiff and
severe.
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About The Author
Rick Ector is a highly credentialed and well respected Firearms Instructor and Gun
Rights Activist based in Detroit, Michigan. His company, Rick's Firearm Academy of
Detroit, specializes in providing state of Michigan compliant Concealed Pistol License
training classes to law abiding citizens throughout the state of Michigan.
Ector's educational activities have been featured in the national news media. Among
those citations, credits, and mentions are the following: Associated Press (AP), United
Press International (UPI), Fox National News, US Politics Daily, NRANews' “Cam &
Company Show,” Tactical-Life Magazine, AmmoLand Shooting Sports News, Gun
Digest Magazine, the L.A. Examiner, ConcealCarry.com, YouCanCarry.com, FirearmsTruth.com, and the UrbanShooterPodcast.
Locally, Ector's activities have garnered appearances and mentions in the following
media: Detroit Fox2 News, the “Let It Rip Show” (Detroit Fox2), WDIV Channel 4
News, WXYZ Channel 7 News, the Detroit News, the Detroit Examiner, Real Detroit
Weekly, the “Mason in the Morning Show” (WGPR), the “Real-Talk FM Show”
(WGPR), “Your Voice with Angelo Henderson” (WCHB), “Fritze & Friends Show”
(WILS), WWJ News, and WJR News.
Ector is the founder of two local gun rights advocacy groups: “Legally Armed In
Detroit” (LAID) and “Detroit Open Carry” (DOC). Additionally, he is an active member
of the National Rifle Association (NRA), Michigan Gun Owners (MGO), Michigan
Open Carry Incorporated (MOC), and Black Gun Owners (BGO).
Ector has the following credentials from the National Rifle Association: Appointed
Training Counselor (TC), Appointed Chief Range Safety Officer (CRSO), Range Safety
Officer (RSO), Lifetime Member, Membership Recruiter, and Certified Firearms
Instructor (Personal Protection, Basic Pistol, Basic Shotgun, Basic Rifle, Home Firearm
Safety, Metallic Cartridge Reloading, and Shotgun Shell Reloading).
In 1994 Ector earned a B.S. Industrial Engineering degree from Wayne State University.
Also, in 2001 he graduated from Continental Auctioneers College in Mankato, MN and
is currently a credentialed as a Certified Auctioneer and as a Certified Personal Property
Appraiser.
Ector, an honorably discharged veteran of the United States Air Force, is a life-long city
of Detroit resident, proud father four children, and a grandfather of one of whom he is
adamant about protecting in this increasingly violent world.
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Introduction
This book was written with the express intent of informing law-abiding citizens, who
have a desire to exercise more involvement in their personal safety, how to make prudent
decisions in their quest to obtain a state of Michigan Concealed Pistol License.
I wish that this book had existed several years ago when I first made the decision to
pursue getting a CPL. If it had existed then, I would have had the opportunity of
avoiding a mistake that, had one unfortunate incident reared its ugly head, could have
resulted in the loss of my freedom.
By not being an informed consumer due to a lack of knowledge in this area, I took a
CPL Class that was conducted by a con artist. As a result, I was eventually issued a CPL
by the state of Michigan but I had no clue as to how I was to conduct myself as a legally
armed member of our society.
Had I been selected for victimization by a violent criminal during that era, there would
have been a great likelihood that I would have either done something I shouldn't have or
didn't do something that I should have done. Both scenarios are equally bad, as each path
could have conceivably led to a lengthy prison sentence, a huge civil lawsuit verdict
levied against me, or both. In my opinion, there are few things more dangerous than an
armed citizen who does not know the law.
The con artist who scammed me years ago is still operating in the metro-Detroit area
today. In fact, many of his students eventually seek me out to take my class to learn the
subject matter that they should have learned during their earlier class.
Today, I am a credentialed Firearms Instructor and have long since corrected my
deficiencies with respect to what is expected of me as a CPL-holder. However, if I had
not pursued further training and counsel to quiet the gnawing questions that haunted me,
I could very easily be behind bars at this very moment.
Luckily, there haven't been many instances lately in which CPL-holders were accused of
breaking the law while armed, but there have a few cases over recent years which made
me muse to myself, “That could have been me.”
This book will explain in very clear terms the purpose of a CPL, some reasons for
applying for a CPL, the requirements for obtaining a CPL, the proper way of selecting a
credible Firearms Instructor, a good methodology for submitting your application for
approval, how to appear before a County Gun Board, and how to contest a CPL
application rejection.
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How This Book Was Produced
I assembled this book by selecting relevant posts from my blog, “Legally Armed In
Detroit” (LAID). The selected posts, included in this book, were those that I felt would
be of most interest to persons who were curious about obtaining a state of Michigan
issued Concealed Pistol License (CPL).
Understandably, there is some duplication of information throughout the book. Rather
than editing out multiple references to identical facts, I felt that in the interest of
continuity, the information would best serve readers by reinforcing important themes. As
such, readers of this book additionally have the option of only reading the information
that is of specific interest to them without a loss of context.
Furthermore, within the pages of this book there is a lot of info relating to some of the
duties and responsibilities of persons with Concealed Pistol Licenses. However, please
do not be misled into thinking that the presented information in this book will serve as a
substitute for enrolling into and completing a bona fide Concealed Pistol License
Training Class. This book only minimally covers the “tip of the iceberg” of what a CPLholder must know.
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A Michigan Concealed Pistol License Is Not A 007 License
Unlike Ian Fleming's fictional character James Bond, persons issued a state of Michigan
Concealed Pistol License (CPL/CCW) do not have a "License To Kill." Rather, a CPL
only allows a designated person to carry a concealed pistol on or about his person.
In fact, in the state of Michigan a permit of any kind is not necessary carry an "openly
displayed" registered handgun in a holster. Since many Michigan residents are either
unaware or uncomfortable with the idea of "open carry," it is not widely practiced
throughout the state.
While a concealed handgun does provide a person with a means of defending himself
against an attack, there is a narrow band of circumstances under which the usage of
lethal force can be used by any citizen for defensive purposes - whether he has a CPL or
not.
Thus, it is imperative that armed law-abiding citizens are knowledgeable about the law.
One excellent way of learning the law and its nuances is to take a bona fide Personal
Protection Class.
Lethal Force Authorization
In Michigan a person can use lethal force if he is somewhere he has a legal right to be, is
not committing a crime, and has a reasonable and honest belief that he or another person
is facing an imminent threat of severe bodily harm, sexual assault, or death. Any person
using lethal force outside of the aforementioned boundaries faces criminal prosecution.
While the usage of lawful lethal force may result in the death of an assailant, it is not the
intent. The intent is to stop the threat posed by the bad guy. Once the threat has ended,
the defensive use of lethal force must also end. In contrast, James Bond didn't have to
worry about the law. He could indiscriminately kill anyone at any time for any reason
without repercussions from the legal system.
Realities Of Shooting
Contrary to what is shown on television shows, an individual defending himself from an
attack by an assailant may have to shoot the bad guy several times to end the threat.
There is no set number of times that a bad guy can be lawfully shot, as long as he is a
threat. Multiple hits may be necessary to offset the effects of illegal drugs in his system
and/or heavy clothing and jackets being worn.
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Assailants under the effects of drugs and adrenaline may be mortally wounded but still
possess the ability to pose a threat. In fact, a defender may mistakenly believe that his
shots were misses because the bad guy continued to advance despite being shot several
times. The key strategy to be employed is to target the assailant's "center-of-mass" and to
shoot until he stops.
Once the bad guy stops his threat, the defense of that threat must also end because a CPL
is not a license to kill. It would be unlawful to stand over the shot-up assailant who was
no longer a threat, and "finish him off." However, it is entirely possible that any of the
prior shots were enough to cause death - which would be lawful.
If you are going to be using a firearm for personal protection, you need to be aware of
the law. In Michigan, lethal force is authorized under a very narrow band of
circumstances. Failure to know or observe the boundaries is not a valid excuse.
Take a bona fide Personal Protection Class which teaches Michigan law on lethal force
to not only empower yourself with knowledge but also to prevent you from being
prosecuted. James Bond is authorized to kill; you aren't.
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7 Reasons to Get a Concealed Pistol License
A Michigan Concealed Pistol License (CPL) enables the specified person to carry a
loaded pistol on or about his person or vehicle anywhere he has a legal right to be, with
the exception of statutorily defined Pistol Free Zones. With a CPL, a licensee can receive
many benefits.
Personal Protection
The first justification for obtaining a CPL is that the licensee will achieve the piece of
mind that comes with having a viable option should he be presented with unprovoked
violence from an assailant.
Despite what many people "think" about "what should be" in our society, "the reality" is
that no citizen has a "right" to not be a crime victim. The courts have consistently ruled
over the years, that the law enforcement community can not be held civilly or criminally
liable for preventing any single person from being a crime victim.
The job of the police is to uphold the general peace and to investigate crimes - after the
fact. Thus, during these perilous times, it would be prudent for law abiding citizens, who
desire to be safe and secure in their persons, to exercise more responsibility for not only
their own personal safety but also for the safety of their loved ones.
A Simpler Handgun Buying Process
A CPL licensee is not required to obtain a 10-Day Handgun Purchase Permit before
buying a handgun in Michigan. The buyer, with a CPL, merely has to present his license
to a seller. The CPL serves as proper notice that the buyer is eligible to buy a handgun.
Of course, normal paperwork and reporting requirements will still have to be performed.
Without a CPL, it can be rather burdensome for a person, who desires to buy a handgun,
to visit his local law enforcement authority for a purchase permit every time he wishes to
buy a handgun.
Borrowing A Handgun Is Simpler
A CPL licensee is not required to register a handgun that he wishes to borrow for a
lawful task. Under current Michigan law, non-CPL licensees have to register a handgun
that they wish to borrow from the current owner. Then when the "borrower" is done with
the gun, the "owner" then has to re-register the gun back into his own name. A CPL
reduces a lot of bureaucracy.
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Additional State-Issued Picture Identification
A CPL licensee will have another form of state-issued picture identification to have
available for his use. Of course not all licensees would want to voluntarily divulge "their
status" under the CPL statute, however, if they made the decision to use it to assist with
their identification to a third party, it could facilitate a specific purpose.
Safer Vacations
Michigan CPL holders enjoy concealed carry privileges in 35 other states. CPL
licensees, however, still have the responsibility of ensuring that the states they will both
be traveling to and traveling through have reciprocity with Michigan. In addition, home
rules apply. Thus, Michigan CPL licensees will have to do their research to know how
concealed carry laws in reciprocal states differ from the laws enacted in Michigan.
Enhanced Employment Options & Benefits
Some jobs and careers pay CPL licensees significantly better benefits – such as wages for being licensed. For example, armed security guards typically earn more money than
those without a firearm. Furthermore, a CPL may enable a licensee an opportunity for
employment in a variety of high paying fields: private investigations, executive
protection, armed courier, and bail enforcement.
Community Service
The sad state of affairs and poor health of both our regional and local economies are
forcing many communities to drastically cut their operating budgets. As such, many
cities are relying more upon their reserve/auxiliary officers to perform many important
tasks. With a CPL, a licensee can have an opportunity to serve the welfare of his
community by applying for and accepting a position as a volunteer law enforcement
officer.
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7 Facts About the Concealed Pistol License You May Not Have Heard
Almost everyone knows that a state of Michigan issued Concealed Pistol License (i.e.
CPL) - sometimes incorrectly referred to as a CCW - allows the named person to possess
a concealed handgun "on or about his person." However, there are quite a few things
about a CPL that you probably don't know.
Fact 1: A Temporary License Can Be Issued To An Applicant
Some County Gun Boards are ridiculously slow in their processing of CPL applications.
On one occasion a person, who had officially applied for a CPL six months before
contacting me on Facebook, to ask for my opinion on the timeliness of a specific County
Gun Board.
I told her that her application may have been already approved and that her notification
letter got lost or wasn't sent out; it happens a lot. Accordingly, I told her to do what many
others had done - go down to the County Clerk's Office and inquire about her status. In
cases, such as this in the past, the applicant was given the CPL on the spot.
However, sometimes the County Gun Board is embarrassingly slow in the processing of
the application. If contacted, the County Gun Board will probably just tell the applicant
that there is nothing that can be done but wait. In reality, PA 381 of 2000, states that if
the County Gun Board does not render an answer in a reasonable period of time under
certain circumstances, the applicant shall be issued a temporary CPL. Of course,
applicants don't know this fact and County Gun Boards don't like to follow the statute
which states:
“If the fingerprint comparison report is not received by the concealed weapon licensing board within 30
days after the fingerprint report is forwarded to the department of state police by the federal bureau of
investigation, the concealed weapon licensing board shall issue a temporary license to carry a concealed
pistol to the applicant if the applicant is otherwise qualified for a license. A temporary license issued
under this section is valid for 180 days or until the concealed weapon licensing board receives the
fingerprint comparison report provided under subsection (11) and issues or denies issuance of a license
to carry a concealed pistol as otherwise provided under this act. Upon issuance or the denial of issuance
of the license to carry a concealed pistol to an applicant who received a temporary license under this
section, the applicant shall immediately surrender the temporary license to the concealed weapon
licensing board that issued that temporary license.”
If the County Gun Board balks at issuing you a temporary CPL, you can force the issue
by filing a civil suit in the local Circuit Court and have a judge interpret the law or you
can just wait. The choice is yours.
Fact 2: A Rejected CPL Applicant Can Contest His Ineligibility
Sometimes an applicant for a CPL is rejected on a judgment call by the County Gun
Board. Depending on the facts, an appeal can be made that will result in the awarding of
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the CPL to the applicant. Ultimately, an application's rejection by the County Gun Board
can be contested at the local Circuit Court whereby a judge can decide if the applicant
shall be given the CPL.
Furthermore, if the preceding rejection was determined to be "arbitrary and capricious"
the judge can award the applicant court costs and attorney fees. So, if an applicant is
initially rejected on a "coin-flip" decision, all is not lost. The applicant should consult
with an attorney experienced in this area for a case evaluation.
Fact 3: A Person's CPL Status Is In The State's LEIN System
If you are ever pulled over for a traffic stop in your own vehicle, the law enforcement
officer will know that you were issued a CPL, if he looks up either your Driver's License
or runs your vehicle's license plate in the Law Enforcement Information Network
(LEIN) System.
Despite this fact, a person with a CPL who is actively carrying a concealed firearm "on
or about his person" still has a duty to inform the officer of his CPL status and the
location of his firearm.
In counties where the local County Gun Board delivers questionable service, it is not
uncommon for law enforcement officers on a traffic stop to be the first person to inform
the driver that he was issued a CPL.
Fact 4: A Michigan CPL Is Recognized In 35 Other States
The State of Michigan has Concealed Carry Reciprocity Agreements with 35 other
states. In Michigan, those agreements are negotiated by the Attorney General. The
complete list is maintained by his office and can be viewed on his official web site.
The key thing to know about visiting other reciprocal states with your concealed firearm
is that the laws are probably different than Michigan's. So before you go, jump on the
Internet and do your research. Ignorance of the law is no excuse for running afoul of it.
Fact 5: A Fraudulently Obtained CPL Is Null And Void Retroactive To Issuance
It is a felony, punishable by four years of imprisonment, a $2,500 fine, or both to
knowingly present a fraudulent Basic Pistol Safety Training Class Certificate to a
County Gun Board.
If this offense is discovered, the CPL of the named person is null and void retroactive to
the date of issuance. In short, in the eyes of the law the CPL was never issued and could
result in criminal charges for the Carrying of a Concealed Weapon - another felony.
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Fact 6: A CPL Can Allow You To Legally Open Carry In A Pistol-Free Zone
Michigan Attorney General Opinion #7097 penned by Jennifer Granholm on January 11,
2002 states in part:
“By its express terms, section 234d prohibits certain persons from carrying a firearm in the enumerated
places but explicitly exempts from its prohibition "[a] person licensed by this state or another state to
carry a concealed weapon." Thus, any person licensed to carry a concealed pistol, including a private
investigator, is exempt from the gun-free zone restrictions imposed by section 234d of the Penal Code
and may therefore possess firearms while on the types of premises listed in that statute.”
Do keep in mind, however, that private property rights over-rule a CPL-holder's right to
open carry in a state of Michigan enumerated Pistol-Free Zone. Thus, the owner of a bar
or a church, for example, can tell you to take a hike if they object to your openly carried
handgun.
Fact 7: A CPL Eliminates The Need For A 10-Day Purchase Permit
A CPL simplifies the handgun buying process, as a licensee does not need to go to
his/her local law enforcement department to obtain a 10-Day Pistol Purchase Permit by
undergoing a background check and completing a 15 question Basic Pistol Safety
Training Questionnaire.
Instead the buyer can just go to either a gun dealer or find a private seller. If the seller is
a private party, the buyer would be wise to visit the state of Michigan's web site to
download a Michigan Pistol Sales Record Form to lawfully document the transfer of
ownership of the handgun. Additionally, the buyer has to complete the process by having
his pistol purchase documented with his local law enforcement within five days.
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7 Things That You Do Not Need to Get a Concealed Pistol License
As a NRA credentialed firearms trainer, I have had many discussions with aspiring
Michigan Concealed Pistol License (CPL) applicants who were surprised that they met
all of the non-educational qualifications. There seems to be a perception, that people
with CPLs are without blemish or imperfection.
While it is true that CPL-holders are statistically more law-abiding than the general
public, they are not perfect. In a nutshell, they met the statutorily defined requirements
in PA 381 of 2000. This article will discuss the top seven (7) things that some aspiring
CPL applicants worry about, but do not need, to qualify for a CPL.
1. US Citizenship
It is not necessary to be a citizen of the United States to apply for and to be issued a
Michigan CPL. PA 381 of 2000, allows resident aliens to be issued concealed carry
privileges. However, the non-citizen applicants must be in the US legally, as evidenced
by a "Green Card," and must have been a resident of Michigan for at least the previous
six months.
2. English Language Fluency/Proficiency
It is not necessary to speak and write the English language with perfect fluency to
receive a Michigan CPL. However, they must meet the state's specified requirements.
One such requirement is the completion of a Basic Pistol Safety Training Class.
It is not uncommon to envision a scenario whereby a person with a language barrier or a
learning disability may have some challenges with some aspects of the training.
However, a professional firearms training organization will make appropriate provisions
to enable challenged students to satisfactorily meet the educational requirements of a
CPL Class.
My personal opinion is that if a challenged person can get a state-issued Driver's
License, he can get a state-issued CPL.
3. A Driver's License
It is not necessary for an applicant to have a Driver's License to qualify for a Michigan
CPL. However, it can be inferred from the statute that the applicant should at least have
a state of Michigan ID Card. For example, PA 381 of 2000 specifies that armed
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CPL-holders, when questioned by law enforcement, to present both Michigan ID and the
CPL.
4. Prior Firearms Training Experience
All applicants for a Michigan CPL must complete a Basic Pistol Safety Training Class. It
is in this class, whereby an applicant will learn and demonstrate the knowledge and
ability that the state requires of its CPL-holders. Of course, it is important that aspiring
licensees do their homework before deciding where to take a firearms training class; it
must at least meet the minimum requirements specified in PA 381 of 2000.
5. A Perfect Criminal Background History
It is not necessary to have a perfect background to be issued a Michigan CPL. However,
the applicant must meet the requirements, as specified in the statute. Many aspiring CPL
applicants make the assumption that any violation on their record automatically
disqualifies them from consideration.
Most folks correctly know that a felony conviction bars a person from possessing and
owning a handgun. Not being eligible for a CPL, under this scenario, is a truthful and
logical conclusion. However, there are circumstances that may not be so "cut and dried."
For example, I have talked to many people who were convicted of "Driving While
Impaired - First Offense" and mistakenly thought they were at least temporarily
disqualified. The offense is not trivial but it doesn't disqualify a person from getting a
CPL. Applicants should check the statute to determine their eligibility. Not doing so, can
unnecessarily deny them an opportunity to acquire a CPL.
6. A Firearm
It is not a requirement to own a firearm to be issued a Michigan CPL. Certainly, most
folks desiring to obtain a CPL will have plans to buy a handgun, but it's not necessary to
acquire the license. Applicants who don't own handguns can rent and use them at the gun
range when they satisfy the requirements of their Basic Pistol Safety Training Class.
Furthermore, a person may desire to get a CPL without ever having any intention of ever
carrying a concealed handgun. This scenario exists when a person's spouse has a CPL
and he/she gets a license to avoid potential hazards present in the law.
For example, if a licensed person has a pistol in the car and his unlicensed spouse is also
present, there is a legal problem if he exits without taking the gun with him.
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Under these circumstances, the spouse is now possessing a concealed handgun in a car
without a permit. As such, if discovered by law enforcement, the spouse could be found
guilty of a felony that is punishable by five years of imprisonment.
7. Perfect Driving Record
It is not necessary to have a perfect driving record to be issued a Michigan CPL. Many
people mistakenly believe that a couple of unpaid parking tickets makes them ineligible
for a CPL. Civil infractions are not criminal offenses and are not relevant. However, if
civil matters - such as this - left unpaid leads to a warrant being issued for an applicant's
arrest, he would then be ineligible because "fugitives from justice" can't get a CPL.
The Michigan CPL is not a popularity contest. If an applicant meets the criteria, as
specified in the statute, the state must - as a legal matter - issue the license. Thus, the
only resources that should be consulted to determine eligibility should be the statute
itself or a practicing attorney who is knowledgeable in that area of the law. To do
otherwise, could prevent an aspiring applicant from getting licensed due to inaction.
When in doubt, check the statute.
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7 Myths You May Have Heard About the Concealed Pistol License
As a Firearms Trainer, I have a lot of contact with people who are interested in learning
more about the state of Michigan's Concealed Pistol License (CPL). During many of
those conversations, I am informed of inaccurate info that was shared with them by a
friend. This post will document and debunk the top seven myths I have heard about the
Michigan CPL.
Myth 1: A Michigan CPL Is A 007 License
A Michigan CPL is permit that allows a person to carry a concealed pistol "on or about
his person." In contrast, Ian Fleming's fictional character - James Bond - has a License
To Kill.
All citizens in Michigan - whether they have a CPL or not - have a right to use lethal
force in the defense of their lives, however, the intent is not to kill; it is to stop the
imminent threat presented by the assailant. Obviously, a concealed pistol affords the
carrier a greater chance at surviving a violent attack than being unarmed.
Lethal force in Michigan can only be used under a very narrow band of circumstances.
As such, all persons who own a firearm for personal protection should take a bona fide
Personal Protection course to learn the law or risk being prosecuted, imprisoned, and
sued.
Myth 2: A Michigan CPL Holder Is A Deputized Officer
Michigan law does allow legally armed citizens to come to aid of "third persons" who
are under an imminent attack of severe bodily harm under a narrow band of
circumstances. However, no provision exists in the law that gives a Michigan CPLholder the status of a sworn law enforcement officer.
While Michigan law, under certain circumstances, may allow a CPL-holder to defend a
person accompanying him or even a complete stranger, he should not engage in any
activity performed by an officer such as chasing and "arresting" suspects.
Myth 3: A Michigan CPL Is Needed To Open Carry
A Michigan CPL is not needed to openly carry a registered pistol, as long as the carrier
is 18 years of age, is not intoxicated, is not in a vehicle, and does not breach any state
enumerated pistol-free zones.
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One interesting quirk in Michigan law, which may be the source of this myth, allows
persons with a Michigan CPL to open carry in state enumerated Pistol-Free Zones. This
interpretation of Michigan law was reached by then state Attorney General Jennifer
Granholm in an opinion written in 1991. Of course, private property rights of the
respective owners, trump any open carry rights in enumerated pistol-free zones by CPLholders.
Myth 4: A Renewal Class Is Needed To Renew A Michigan CPL
Many CPL-holders, when they realize that their permit will be expiring soon, will call a
Firearms Instructor to inquire about a Renewal Class. They are usually pleasantly
surprised to find out that such a class, although routinely offered in the marketplace is
not required.
The CPL stature merely requires the submission of another application, payment of the
$105 fee, and a sworn statement that they have reviewed their previous course materials
and have recently visited a gun range to practice shooting at a target.
Some CPL-holders elect to retake the class anyway so that they can learn about changes
in the law. Accordingly, many significant changes were made in Michigan firearms law
in 2006. So, in my professional opinion, if a CPL-holder first received his permit before
then, the class should be taken again. Again, it is not a requirement but the changes in
the law were profound and significant.
Myth 5: A Michigan CPL Is The Same Thing As A CCW
Many people use the terms CPL and CCW interchangeably. A CPL is a permit which
gives a specified person permission to carry a concealed pistol "on or about his person."
In contrast, a CCW is a felony that person will be criminally charged with if they "Carry
A Concealed Weapon" (e.g. a pistol) without a CPL.
Context is everything, so depending on how the two terms are used will usually convey
the correct meaning. In fact, many Firearms Instructors intentionally use the CCW term
in their promotional offerings so that interested students will "know" what the class
teaches. Of course, the instructors will need to clear up the confusion when the students
come to class.
Myth 6: Law Enforcement Notification Is Still Needed If Not Concealed Carrying
Although Michigan law requires CPL-holders to disclose their status, when stopped by
law enforcement officers while concealed carrying a handgun, there is no legal
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requirement to do so if they are unarmed. As a practical matter, it would be prudent to
do so to avoid raising any suspicions about not making the disclosure but it is not
required while you do not have a loaded handgun in your car or "on or about your
person."
Myth 7: A Michigan CPL Holder Can Carry Only One Pistol
There is no specified limit in Michigan law that limits the number of handguns a CPLholder can conceal carry at a specific time. He is free to carry as many concealed pistols
as he desires. As a practical matter, many licensees don't carry too many at one time;
loaded firearms have weight, make concealment tougher to pull off without detection,
and take up room that could be used for other self-defense accessories. So, while it is
legal to conceal carry several pistols, many opt not to do so.
Gun laws are incredibly easy to violate and carry harsh penalties when discovered and
prosecuted. It would be wise for a CPL-holder to research the laws for himself and to
consult with a knowledgeable authority when required to ensure that his actions while
armed are legal. Free advice from laymen, including active-duty sworn police officers, is
usually worth exactly what you paid to receive it - nothing. Govern yourself accordingly.
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What are the Requirements for Getting a Concealed Pistol License?
On July 1, 2001 the state of Michigan transitioned from a "may issue" policy to a "shall
issue" policy with respect to the issuance of Concealed Pistol Licenses (CPL), as a
consequence of the enactment of Public Act 381 of 2000. Previously, CPL applicants had
to show a need and meet other unspecified and discretionary criteria, as established by
the county gun board in which the applicant resided.
Currently, the CPL licensing standards are no longer arbitrary. In essence, all CPL
applicants that meet the state's statutory requirements "shall be" issued a CPL. The
current requirements are significantly more stringent than those that existed under prior
law, however an applicant now has the ability to know with almost absolute certainty
whether he can be issued a CPL.
All Michigan CPL Licensees must be either a US citizen or a Resident Alien, a Michigan
resident of at least six months, have completed a qualified Basic Pistol Safety Training
Class, not be subject to a Personal Protection Order (PPO) or a pending felony charge,
not be prohibited under federal law from possessing a firearm, not be dishonorably
discharged from the armed services, and not be subject to a conditional bond release
where firearm possession is prohibited.
The next set of requirements that a CPL applicant must meet are related to his ability to
pass the state's criminal background check. In almost all cases (there are a few
extenuating circumstances), a felony conviction or a misdemeanor domestic violence
(DV) conviction at any time will automatically disqualify the applicant until the offense
is expunged, set-aside, or pardoned - if possible.
Also, the CPL applicant must not have been convicted of any of the following
misdemeanor offenses eight years prior to the submission of his CPL application:
•
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•
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OUIL or OWVI, Locomotive (MCL 462.353)
Drunk Driving, Commercial Vehicle (MCL 257.625m)
Fail To Stop - Personal Injury Accident (MCL 257.617a)
Reckless Driving (MCL 257.626)
OUIL Aircraft, 2nd Offense (MCL 259.185)
OUIL Vessel, 2nd Offense (MCL 324.80176)
OUIL ORV, 2nd Offense (MCL 324.81134)
OUIL Snowmobile, 2nd Offense (MCL 324.82127)
Drunk Driving, 2nd Offense (MCL 257.625)
Driving While License Suspended, 2nd Offense (MCL 257.904)
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Hindering A Weights & Measures Enforcement Officer (MCL 290.629)
Hindering Director (MCL 290.650)
Possession of Controlled Substance (MCL 333.7403)
Displaying Sexually Explicit Matter To Minors (MCL 722.677)
Assault Or Domestic Assault (MCL 750.81)
Aggravated Assault Or Aggravated Domestic Assault (MCL 750.81a)
Entering Without Breaking (MCL 750.115)
Fourth Degree Child Abuse (MCL 750.136b)
Soliciting Of A Child For Immoral Acts (MCL 750.145a)
Vulnerable Adult Abuse (MCL 750.145n)
Solicitation To Commit A Felony (MCL 750.157b)
Impersonating Peace Officer Or Medical Examiner (MCL 750.215)
Illegal Sale Of Firearm Or Ammunition (MCL 750.223)
Illegal Sale Of Self-Defense Spray (MCL 750.224d)
Sale Or Possession Of Switchblade (MCL 750.226a)
Improper Transportation Of A Loaded Firearm (MCL 750.227c)
Failure To Have A Pistol Inspected (MCL 750.228)
Accepting A Pistol In Pawn (MCL 750.229)
Failure To Register The Purchase Of A Firearm (MCL 750.232)
Improperly Obtaining A Pistol (MCL 750.232a)
Intentionally Aiming A Firearm Without Malice (MCL 750.233)
Intentionally Discharging A Firearm Without Malice (MCL 750.234)
Possessing A Firearm On Prohibited Premises (MCL 750.234d)
Brandishing A Firearm In Public (MCL 750.234e)
Possession Of A Firearm By A Minor (MCL 750.234f)
Firing Firearm Aimed W/out Malice Causing Injury (MCL 750.235)
Parent Of Minor Who Possessed Firearm At A School (MCL 750.235a)
Setting A Spring Gun Or Other Device (MCL 750.236)
Possessing A Firearm While Under The Influence (MCL 750.237)
Weapon Free School Zone Violation (MCL 750.237a)
Indecent Exposure (MCL 750.335a)
Stalking (MCL 750.411h)
Negligent Firearm Use Resulting In Injury (MCL 752.861)
Negligent Firearm Use Resulting In Property Damage (MCL 752.862)
Reckless Discharge Of A Firearm (MCL 752.863a)
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Furthermore, the CPL applicant must not have been convicted of any of the following
misdemeanor offenses three years prior to the submission of his CPL application:
• Operating Under The Influence (MCL 257.625)
• Commercial Vehicle Driver Refusal To A Chemical Test (MCL 257.625a)
• Negligently Fails To Comply (MCL 257.625k)
• Circumventing An Ignition Interlocking Device (MCL 257.625l)
• Operating A Commercial Vehicle W/Alcohol Content (MCL 257.625m)
• Operating Aircraft Under The Influence (MCL 259.185)
• Operating ORV Under The Influence (MCL 324.81134)
• Operating ORV While Visibly Impaired (MCL 324.81135)
• Operating A Snowmobile Under The Influence (MCL 324.82127)
• Controlled Substances (MCL 333.7401 to 333.7461)
• Operating Locomotive Under The Influence (MCL 462.353)
• Disorderly Person (MCL 750.167)
• Embezzlement (MCL 750.174)
• False Pretenses (MCL 750.218)
• Larceny (MCL 750.356)
• Retail Fraud (MCL 750.356d)
• Larceny - Vacant Building MCL 750.359)
• Larceny By Conversion (MCL 750.362)
• Defrauding Lessor (MCL 750.362a)
• Malicious Destruction Of Property (MCL 750.377a)
• Malicious Destruction Of Real Property (MCL 750.380)
• Failure To Obey Police Direction (MCL 750.479a)
• Receiving Stolen Property (MCL 750.535)
• Malicious Use Of Telephones (MCL 750.540e)
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The last set of requirements that a CPL applicant must meet are related to mental state of
mind. Specifically, the state wants some assurances that the applicant does not have a
mental illness. As such, a CPL applicant must not fall under any of the following
situations:
• have ever been subject to an order of involuntary commitment due to a mental
illness
• have a diagnosed mental illness at the time the application is made
• be under a court order of legal incapacity
• be subject to an order or disposition for any of the following:
• Mental Health Order
• Legally Incapacitated
• Involuntarily Hospitalized
• Been found not guilty by reason of insanity
Any applicant who can meet all of the aforementioned requirements "shall be" issued a
Michigan Concealed Pistol License. Why? Because it is the law!
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CPL Applicant Mental Health Considerations
Some prospective applicants for a state of Michigan Concealed Pistol License (CPL) are
reluctant to apply for the permit because of a belief that they may be statutorily
ineligible, due to their own assessment of their own mental health. This hesitation to
apply is fueled, in part, by intimidating language on the CPL Application which states,
"intentionally making a false statement on this application is a felony punishable by
imprisonment for not more than 4 years or a fine of not more than $2,500, or both." This
article will explore the mental health requirements for CPL licensees as defined in
Michigan Public Act 381 of 2000.
Specified Mental Health CPL Disqualifications
PA 381 of 2000 is reasonably clear on most of the mental health requirements for an
applicant to be eligible for a CPL. Consider the following CPL applicant stipulations:
• The applicant has not been found guilty but mentally ill of any crime and has not
offered a plea of not guilty of, or been acquitted of, any crime by reason of
insanity.
• The applicant has never been subject to an order of involuntary commitment in an
inpatient or outpatient setting due to mental illness.
• The applicant is not under a court order of legal incapacity in this state or
elsewhere.
Most individuals, upon reading the statute, have a decent understanding of what the
statute means with respect to the aforementioned mental health scenarios. In all of those
cases, the mental health of the applicant at some time in the past can be objectively
assessed as to whether a disqualifying event actually occurred by consulting relevant
evidence (e.g. court transcripts, court orders, and medical records).
However, the statute does a clumsy job of defining what exactly is a mental illness for
the purposes of that section of the law and the last mental health disqualifier. The last
stipulation, with respect to CPL applicant mental health, states that “the applicant does
not have a diagnosed mental illness at the time the application is made regardless of
whether he or she is receiving treatment for that illness.”
The statute defines mental illness as, "a substantial disorder of thought or mood that
significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope
with the ordinary demands of life, and includes, but is not limited to, clinical
depression."
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For the most part, the statute is not clear as to what exactly constitutes a mental illness.
The only clear phrase is the term clinical depression. However, that term is not defined
in the statute.
What Is NOT Clinical Depression?
Clinical depression is not the resultant expression of disappointment, sadness, or grief
that a person experiences as a consequence of dealing with the inevitable bad things that
can happen during life. At some point in time, it can be expected that most people, at one
time or another, will incur a significant loss or suffer through a personal tragedy (e.g.
loss of a loved one, loss of a job, or loss of a home). Most people after a period of
adjustment, which may last for a period of time commensurate with the experienced
loss, are able to cope with their changed circumstances.
What Is Clinical Depression?
Clinical depression is an extreme manifestation of sadness that is felt over an unduly
long period time which, in some cases, can't be explained away as a consequence of
dealing with a unfortunate incident. A clinically depressed person is not able to cope
with every day life issues and may experience feelings of despair and hopelessness
which could lead to, but is not limited to, a suicide attempt.
Obviously, the line that separates "a case of the blues" from clinical depression needs to
be clearly drawn to identify people who are in need of help. Accordingly, the American
Psychiatric Association's Manual, DSM-IV, has defined a person as clinically depressed
if he is experiencing five (5) or more of the following symptoms:
• Depressed mood most of the day, nearly every day.
• Markedly diminished interest or pleasure in all, or most, daily activities most of
the day, nearly every day.
• Significant weight changes (e.g. a change of more than 5% of body weight in a
month), or decrease or increase in appetite nearly every day.
• Insomnia or hypersomnia (sleeping too much) nearly every day.
• Psychomotor agitation or retardation nearly every day.
• Fatigue or loss of energy nearly every day.
• Feelings of worthlessness or excessive or inappropriate guilt nearly every day.
• Diminished ability to think or concentrate, or indecisiveness, nearly every day.
• Recurrent thoughts of death, recurrent suicidal ideation without a specific plan, or
a suicide attempt or a specific plan for committing suicide.
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Note: The only persons who are qualified to make a diagnosis as to whether an
individual is clinically depressed is a qualified mental health professional.
CPL Application Considerations
If you meet all of the requirements for a CPL and you desire to be licensed, you should
submit your application. The application when signed by the prospective licensee,
authorizes the County Gun Board to gain access to the applicant's mental health records.
If the applicable County Gun Board wishes to discuss your mental health status before
making a decision as whether you will be granted a permit, you should strongly consider
hiring an attorney to represent you and protect your rights. Furthermore, the CPL
applicant has the right to have any and all discussions about his mental health records
and mental health eligibility conducted during a closed session with himself and his
attorney present. The statute clearly states that the discussions within this closed session
are confidential to outsiders of the process.
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How to Select a Statutorily Authorized CPL Instructor
The selection of a Firearms Instructor is an important decision. It is definitely a task that
shouldn't be made lightly or conducted in haphazard fashion. If a student chooses poorly,
he could find himself receiving far less than he may have originally bargained for in the
process. A bad choice could have a student receiving not only bad or incomplete
information that could lead to criminal charges, but a poor choice could also lead to the
student being on the wrong side of a civil liability lawsuit, and the student could suffer
unnecessary harm due to his inaction during a violent encounter.
When evaluating a firearms instruction provider, the very first thing that you want to
check is their credentials to teach the class you are interested in taking. In Michigan, the
only persons that are authorized to teach the Basic Pistol Safety Training Class are either
persons that have been authorized by the state (i.e. Michigan Coalition Of Law
Enforcement Standards) or individuals that have been certified by either a national or
state firearms training organization (e.g National Rifle Association).
In any case, all authorized training providers should have in their possession firearms
training credentials from their parent organization that corroborates their authorization to
instruct. Do not be afraid to ask to see it. If they are qualified, they will proudly display
it to you. However, if they come up with excuses as to why don't have any training
credentials you can be sure that you are talking to an unqualified firearms training
provider.
After you have verified that the Firearms Instructor is duly certified by an appropriate
firearms training authority, the next thing that you want to check is the agenda of the
class that they are presenting to you to attend as a prerequisite for getting your
Concealed Pistol License (CPL).
The state of Michigan statute is very clear as to what a bona fide Basic Pistol Safety
Training Class must cover. In short, the following items must be covered: safe storage of
firearms, shooting positions, firearms law, ammunition knowledge, avoiding criminal
attacks, and controlling violent encounters. If you are considering a class being
promoted by a National Rifle Association Certified Firearms Instructor, you want to be
sure that it is the "Personal Protection In The Home Class."
There are several unethical Firearms Instructors in the greater Detroit-area intentionally
teaching the wrong classes to students who desire to get a Concealed Pistol License
(CPL). In most cases, these rogue instructors are fraudulently promoting the "Basic
Pistol Class" as a Basic Pistol Safety Training Class. The "Basic Pistol Class" has a lot
of good quality information in it. However, it does not meet the state of Michigan's
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explicit training standards for a CPL.
Teaching the Basic Pistol Safety Training Class "the right way" involves having a
qualified legal authority present to teach firearms law. As you can imagine, a lawyer's
time can be costly. Thus, the scam artists in the firearms training field simply opt to not
cover it all. They would rather pocket a couple extra hundred dollars per class and shortchange their students.
Carrying a concealed firearm without proper legal training is not advised and is an
accident "waiting to happen." Firearms are the most heavily regulated items in our
society. Thus, it is very easy to run afoul of the law. A Concealed Pistol Licensee may
face criminal charges if he acts inappropriately with a gun. There is no such "animal" as
common sense gun law. The law is very clear as to what is lawful. Not knowing the law
is no excuse for breaking it.
Furthermore, if a Concealed Pistol Licensee shoots someone outside of the confines of
lethal force/self-defense law, not only could he face murder charges but he may also face
a civil liability lawsuit from the injured party or the injured party's estate. Furthermore, a
Concealed Pistol Licensee might also be injured from an attacker because the licensee
did not act for fear of acting unlawfully. For all of the above reasons, it is imperative that
someone, who desires to get a CPL, actually takes the correct class.
Moreover, when evaluating a firearms training service you should also research their
credentials. Some instructors only have training credentials to teach the CPL Class.
Other instructors have every possible certification available. Obviously, the more
certifications that an instructor has in his training background the more likely it is that he
can deliver outstanding value to his students. Instructors of this caliber can deliver more
info from related firearms courses and more clearly illustrate complex topics.
The level of professionalism of the firearms training service should also be evaluated.
You want to know how long this service has been operating; brand new and unproven
instructors deliver questionable value. When entrusting your firearms training to a
service provider you want to know how well he has trained others in the past. You
should check out their web site and see whether there are any testimonials from satisfied
customers, any helpful articles he may have written, and any objective evidence of
training ability - such as photos and videos.
Further evidence of an instructor's commitment to being a competent authority in his
field would include memberships to various gun rights organizations: National Rifle
Association, Michigan Gun Owners, Michigan Coalition of Responsible Owners, and
etc. An instructor who belongs to several gun rights groups is keeping abreast of the
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latest developments with regards to gun policy at the local, county, state, and federal
levels of our government and can keep you informed.
Other items that would be helpful to know about your firearms training provider is the
level of support that they can provide to you after the class. Does the company offer an
alumni newsletter or other means of contact to keep in touch? Can you call them when a
unique situation develops and you need advice? Are they available to help you consider
firearms and accessories purchasing decisions? Fly-by-night operators in the firearms
training field quickly forget you when the class is over.
In summary, before you consider signing up with a firearms training provider for CPL
training, you need to do your research. There are many scam artists - credentialed and
otherwise - who are short-changing their students by not teaching them the law.
Taking the wrong class can have dire circumstances: criminal charges, lawsuits, and
unnecessary harm. Further, you should also evaluate a firearms training provider's list of
qualifications, affiliated firearms memberships, level of service, and support after the
class is over. Only when evaluating these items can you make an informed decision as to
which company provides you with the best value.
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CPL Class Firearms Law Module Considerations
The Michigan Basic Pistol Safety Training Class (BPSTC) – also known as the CPL
Class - which is required training for all prospective applicants for a Michigan
Concealed Pistol License (CPL), must cover firearms legal training.
Section 5j - 1a(iv) of PA 254 of 2004 specifically states that a component of the class
must include the following, "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."
Thus, a person trained in the use of deadly force is able to teach this part of the BPSTC.
This classification of people - qualified by the statute - would certainly include an
experienced criminal defense attorney and an active or retired member of the law
enforcement community. However, as a prospective student of the BPSTC, you need to
assess the relative merits of who would best serve your interests as a student by
providing relevant information while preserving your rights under law.
Many members of the law enforcement community not only arrange and provide BPSTC
training but they also conduct the legal section training of those classes too. Quite a few
of them figure that they can teach the law to their students and save a few bucks that
they would otherwise pay to a lawyer. The flaw in that reasoning is that the legal advice
that they typically give to their students would not preserve their students' rights in the
aftermath of a self-defense shooting incident.
Police officers, especially those at the scene of a shooting, are only interested in one
thing: gathering evidence. They make no assumptions about the relative guilt or
innocence of any involved persons in the incident. They are not there to win any
popularity contests. If they can assemble enough evidence to establish "probable cause"
that a homeowner "may" have committed a crime, the homeowner will be arrested.
The police will be especially interested in obtaining a statement from everyone involved
in an incident. They are able to use whatever tricks, lies, or subterfuge at their disposal to
assemble any facts to establish probable guilt. Certain promises may be made by the
police that they have no legal right to negotiate, such as "Tell us what happened and you
won't be arrested."
Let the truth be told, if a citizen shoots another citizen - regardless of the circumstances it is almost a "done deal" that he will be arrested. No amount of talking will change that.
The person being investigated by the police would be wise to exercise his rights: the
right to remain silent, the right not to self-incriminate, the right to due process, and the
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right to counsel.
Personally, I was once part of a firearms training team, early in my gun safety training
career, that featured a police officer conducting the legal training for a BPSTC. This
particular officer was adamant in his presentation that CPL licensees, involved in a
shooting, make certain admissions to the police: the number of assailants, how many
shots were fired, and what general directions those shots were fired. The rationale
offered by the officer was that the police needed that info to establish whether any other
innocent third party was injured by an errant shot.
His explanation sounded reasonable to me at the time and I am sure that the students in
the class were also appeased by his response. However, my opinion - today - as a
seasoned and independent Firearms Instructor, is markedly different. In hindsight, that
advice and rationale for a person involved in a shooting incident to make a statement
was atrocious.
For one, statements once made can never be retracted. Those statements are documented
and are now classified as "evidence." Many times, the police have just about all the
evidence they need to make an arrest but lack one essential part. Often the lynchpin
comes from a statement made by the person being investigated who wants to avoid
spending a night in jail.
Secondly, as taught in a bona fide BPSTC, a person involved in a defensive shooting
incident is in no shape to make any statements. He may be experiencing a number of
physiological effects: adrenalin dump, tunnel vision, auditory exclusion, and time
distortion. Any combination or subset of those conditions could cause a false statement
to be made. As stated earlier, once a statement is made it can not be taken back.
Thus, for all of the aforementioned reasons, a prospective BPSTC student should find
training where the legal training module is not conducted by a member of law
enforcement. Police have a "built-in" bias to want statements to be made in order to
make their jobs in the field easier to investigate and to make arrests. This increased
efficiency, however, comes at a cost: the sacrificed rights of the accused.
The only person, who should be trusted to provide legal section training for a BPSTC is
a bar approved criminal defense attorney. He will provide legal training that is focused
on the student's best interests: preserving their rights.
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How to Select a State of Michigan Compliant CPL Class
Michigan residents, desiring to apply for a state of Michigan Concealed Pistol License
(CPL), are required by law to satisfactorily complete a bona fide "Basic Pistol Safety
Training Class." However, due to fact that there are so many con artists operating in the
firearms training field, many people are unwittingly taking the wrong class.
Many graduates of these unlawful programs are getting short-changed with respect to the
knowledge that they are supposed to receive. Furthermore, the info they receive in these
rogue classes - or in some cases do not receive - can make the community, as a whole,
less safe and subject the student to criminal charges and civil lawsuits. This article will
explicitly detail how a prospective student can determine whether the class they are
considering is appropriate training for a Michigan CPL.
Michigan Public Act 254 of 2004, is very specific as to what constitutes a Basic Pistol
Safety Training Class. A bona fide class meeting the requirements of the aforementioned
statute has the following characteristics:
• 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.
• 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.
• The program provides at least 3 hours of instruction on a firing range and requires
firing at least 30 rounds of ammunition.
• 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."
• 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.
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The first thing that a student should check when evaluating a CPL training class is to
check out the credentials of the organization sponsoring the class. The state of Michigan,
as a governmental organization, has chosen the Michigan Coalition Of Law Enforcement
Standards (MCOLES) organization as its officially designated organization to provide
CPL training.
In addition, the statute also makes reference to "national firearms training organizations"
as being qualified to conduct CPL training classes. It is widely understood that this
designation in the statute authorizes credentialed National Rifle Association (NRA)
trainers to conduct CPL training courses.
For corroboration, both MCOLES and NRA certified instructors have credential cards
that can viewed by prospective students to confirm they are qualified - by the state of
Michigan statute - to conduct CPL training. Credentials from other organizations - "state
firearms training organizations" or otherwise - conducting CPL training should be
scrutinized closely. If necessary, contact your local County Gun Board to confirm
whether they would accept a Course Completion Certificate from that group.
The second item that should be checked, by a prospective CPL student, is the agenda of
the class under consideration. If the class does not explicitly cover the items specified in
the statute, it (the class) does not meet the state of Michigan's requirements for a CPL
Class.
Caveat Emptor! Several Firearms Instructors in the metro-Detroit area are promoting
their "Basic Pistol" classes as suitable training for a CPL. These Firearms Instructors are
knowingly defrauding their students, who don't know enough about the CPL statute to
know that they are being taught the wrong class.
These instructors are intentionally teaching the "wrong" class because if they taught the
correct class, "Personal Protection In The Home," a lawyer would have to be present to
teach the legal topics that the state of Michigan wants each CPL student to know. As you
can imagine, lawyers are costly. Thus, these scam artists would rather save a couple
hundred dollars and have their students not fully informed.
Students that do not have the requisite legal training are a danger to the community.
They don't have the slightest clue as to what they can and can't do with a CPL. They are
running a great risk of behaving unlawfully - perhaps out of ignorance - and are being
setup to catch a murder charge and a civil lawsuit. Michigan's laws regarding selfdefense and lethal force are very clear. Ignorance of the law will not serve as a valid
defense for inappropriate and unlawful conduct.
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Do not make the mistake of assuming - like the County Gun Boards who metaphorically
look the other way when these certificates arrive in their offices - that if the Course
Completion Certificate says that the class "complies with section 5j of 1927 PA 372" that
it actually does. In most cases, these counterfeit classes are cheaper - which should be a
sign that something is wrong.
Instructors, who teach the class the correct way, tell "bargain shoppers" that when "you
pay less - you get less." The irony is that if these students ever find themselves in a bad
situation, where they behave irresponsibly with a firearm, this class will end of being
significantly more expensive in the long run: murder charges, prison time, and civil
lawsuit judgments.
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How to Screen out a Non-Compliant CPL Class in 60 Seconds
Some prospective Concealed Pistol License (CPL) Training students like to "shop
prices" when selecting a firearms training service. However, many of these shoppers
don't know enough about the industry to effectively weed out the scam artists when
doing their evaluations. Thus, they're not going to be to make "apples-to-apples"
comparisons and, as a consequence, not make a wise decision.
The purpose of this article is to detail how five quick questions - asked over a phone call
- can positively determine within 60 seconds if a firearms training service is offering
CPL classes that do not comply with the law - PA 381 of 2000.
1. What Organization has Certified the Chief Firearms Instructor?
The first thing that a student should check when evaluating a CPL training class is to
check out the credentials of the organization sponsoring the class. The state of Michigan,
as a governmental organization, has chosen the Michigan Coalition Of Law Enforcement
Standards (MCOLES) organization as its officially designated organization to provide
CPL training.
In addition, the statute also makes reference to "national firearms training organizations"
as being qualified to conduct CPL training classes. It is widely understood that this
designation in the statute authorizes credentialed National Rifle Association (NRA)
trainers to conduct CPL training courses.
For corroboration, both MCOLES and NRA certified instructors have credential cards
that can viewed by prospective students to confirm they are qualified - by the state of
Michigan statute - to conduct CPL training.
Credentials from other organizations - "state firearms training organizations" or
otherwise - conducting CPL training should be scrutinized closely. If necessary, contact
your local County Gun Board to confirm whether they would accept a Course
Completion Certificate from that group.
2. What is the Name of the Class Being Taught?
The only NRA class that meets the legal requirements for a Michigan CPL is entitled
"Personal Protection In The Home." The only MCOLES class that meets the legal
requirements for a Michigan CPL is entitled "Michigan Basic Pistol Safety Training
Class." If the class you are evaluating is entitled something else, do not take that class.
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3. How Many Hours In Length Is The Class?
By statute, the classroom section must be at least 5 hours in length. Further, the shooting
part of the class must be at least three hours in length. Thus, if the total class length is
not eight hours in length, do not take that class.
4. What Are The Qualifications Of The Person Teaching The Legal Section Of The
Class?
Only a law enforcement officer with Police Officer Standards Training (P.O.S.T.) or a
state bar certified attorney should teach the legal section of the class. Firearms
Instructors are not qualified to teach this section of the class.
5. Does The Training Include A Range Exercise Whereby A Real Handgun Will Be
Discharged?
If the class does not feature a live-fire training exercise with a real handgun, do not take
that class; many scam artists are illegally training students with BB Guns and Airsoft™
Pistols.
It only takes 60 seconds to know if you are dealing with a reputable firearms training
service - You just need to know which questions to ask. Once you have determined that a
service provider is legit, you can now make valid comparisons between it and other
legitimate firms.
Good Luck!
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Four Reasons Why CPL Applicants Should Shun the “Hook-up” Class
In Michigan, there is a vibrant and thriving black market for Course Completion
Certificates for the Basic Pistol Safety Training Course. The aforementioned certificate
attests that an applicant has met Michigan's educational and shooting requirements for a
Michigan Concealed Pistol License (CPL).
A CPL licensee is allowed to carry a concealed and loaded pistol on or about his person,
whether inside or outside of a vehicle. If the CPL is restricted, the licensee must be sure
not to carry in designated Pistol Free Zones. Obviously, the benefit of having a CPL mostly the ability to defend oneself in a variety of environments - merits a lot of interest
amongst the populace.
Despite the huge responsibilities associated with carrying a concealed firearm, a sizable
percentage of individuals, desiring to acquire a CPL, are not willing to lawfully meet the
state's educational and shooting prerequisites. Specifically, a CPL applicant must attend
a qualified class that meets the following standards:
• Covers "safe storage, use, and handling of a pistol including, but not limited to,
safe storage, use and handling to protect a child"
• Covers "ammunition knowledge and the fundamentals of pistol shooting"
• Covers "pistol shooting positions"
• Covers "firearms and the law, including civil liability issues and the use of deadly
force"
• Covers "avoiding criminal attack and controlling a violent confrontation"
• Covers "all laws that apply to carrying a concealed pistol in this state"
• Has "at least 8 hours instruction, including 3 hours of firing range time; which
requires firing at least 30 rounds of ammunition"
Prospective CPL applicants who don't want to "go through the hassle" of attending an
eight hour long class meeting the aforementioned requirements can find - without too
much effort - a person who will readily supply them with a Course Completion
Certificate for as little as $75. Prospective CPL licensees, contemplating a short-cut in
the CPL application process, should avoid the "hook-up" for several reasons.
First and foremost, it is a felonious crime for a prospective CPL applicant to knowingly
submit a bogus Course Completion Certificate to a county gun board for CPL
consideration. This offense is punishable by imprisonment not to exceed four years, a
fine of not more than $2,500, or both.
38
Many people desiring to cut corners with the state's defined process wrongfully reason
that the aforementioned crime would be a difficult offense for the state to prove against
them. These myopic persons are not taking into account that their uneducated and
untrained behavior with a firearm - possibly reckless - even with a state granted CPL
might call into question their training.
If an investigation later reveals that they acquired their Course Completion Certificates
falsely, then it is a relatively simple matter for them to be prosecuted for presenting a
counterfeit certificate to the gun board.
In addition, it would also be within the gun board's purview to declare that the licensee's
CPL is "null and void" retroactive to the date of issuance. Thus, that ruling could
possibly subject the person to a Carrying A Concealed Weapon (CCW) charge; in the
board's eye it would be as if offender never had a CPL. A CCW conviction is punishable
by no more than five years of imprisonment or by a fine not to exceed $2,500.
The second reason why the "hook-up" should be avoided is that the prospective CPL
licensee does not have any training in firearms law. Without this educational
background, a person with a loaded firearm can find themselves in big trouble legally
very quickly. This trouble can manifest itself in several ways: a murder charge, a
manslaughter charge, civil litigation, and unnecessary harm from an assailant.
Lethal force is only authorized under a very narrow band of circumstances. If it is not
used in accordance with the law, the violator can face criminal charges for either the
unlawful wounding or killing of his "assailant." Moreover, it is also possible that the
uneducated CPL licensee could also be successfully sued in civil court by his "victim" or
his "victim's" estate for his unlawful actions, as viewed by the letter of the law.
Further still, an uneducated CPL licensee might use an inappropriate choice of
ammunition for personal protection that could lead to criminal charges being filed for the
shooting of an unintended victim due to the "over-penetration" of the intended target.
The rule of law known as "transfer of intent" could apply to the uneducated CPL
licensee with disastrous consequences: murder charges and a civil suit.
If all of the above reasons were not enough to convince a prospective CPL licensee to
get the permit lawfully, there is yet another consideration to ponder. An untrained CPL
licensee might be subjected to a scenario in which he is about to be attacked by an
assailant. If there is any doubt as to the legality of the CPL-holder's possible responses,
the CPL licensee might hesitate to take action for fear of later reprisals by the law. Thus,
the CPL licensee may be unnecessarily harmed, by an assailant, because of his ignorance
of the law.
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Thus far, it has been shown that a "hook-up" could lead to the following legal sanctions:
a felonious charge of submitting a bogus certificate to a gun board, a CCW charge, a
murder charge for the shooting of a "victim," a murder charge for the shooting of an
intended target, and a civil lawsuit. Further, an uneducated CPL licensee could also be
unnecessarily harmed due to his ignorance of what he can legally do during a violent
encounter.
The negative consequences associated with getting a CPL under a "hook-up" is not
worth the time saved from not taking one eight long class. No other classes are required
- even when it is time to renew the permit five years later. If a person wants to get a CPL
it is in his best interests to do it within the state's prescribed process.
40
Michigan County Gun Boards: Organization, Duties, & Powers
Michigan County Gun Boards are legal entities empowered by law -Public Act 381 of
2000 - to provide oversight and governance of about 176,000 Concealed Pistol
Licensees (CPLs) in the state. Michigan law requires that every county in Michigan shall
have a gun board. This article will detail the organization, duties, and powers of county
gun boards.
Organizational Structure With County Prosecutor's Involvement
State law requires that each County Gun Board will have the following members:
• The County Prosecutor or his designee
• The County Sheriff of his designee
• The Director of the Michigan State Police or his designee
The County Prosecutor serves as the Chairman of the County Gun Board.
The County Clerk shall serve as the Clerk of the County Gun Board.
Organizational Structure Without County Prosecutor
The County Prosecutor is the only specified person in the statute who can "opt-out" of
participating on the County Gun Board. Should he elect to not participate, he "shall"
notify the County Board of Commissioners - in writing - of his desire to not serve on the
gun board for the remaining duration of his current term.
If the County Prosecutor tenders his resignation from his statutory position on the gun
board, the County Commission will appoint a Firearms Instructor - who is certified by
the state of Michigan or a national organization to teach the eight hour long Basic Pistol
Safety Training Class - to serve on the gun board in the absence of the County
Prosecutor for the duration of the County Prosecutor's current term in office.
The appointment of the Firearms Instructor to the gun board will remain in effect unless
the County Commission removes him "with cause" from the County Gun Board. In the
event of the initial Firearms Instructor's removal from the County Gun Board, the
County Commission will appoint another certified Firearms Instructor to complete the
term.
41
The County Prosecutor, despite his desire to not participate on the County Gun Board,
shall be notified of all Concealed Pistol License (CPL) Applications received by the
County Gun Board.
Further, the County Prosecutor shall be given an opportunity to object to the granting of
a CPL to an applicant and to present evidence that "bears directly on an applicant’s
suitability to carry a concealed pistol safely."
Moreover, the County Prosecutor shall disclose to the County Gun Board any
information of which he has actual knowledge that bears directly on an applicant’s
suitability to carry a concealed pistol safely.
The members of the seated County Gun Board will elect one of its members of the
County Gun Board to serve as Chairman.
The County Clerk shall serve as the Clerk of the County Gun Board.
Michigan County Gun Board Duties
Duty 1. Inform CPL Applicants About Michigan Firearms Laws
The County Gun Board is required to distribute to each CPL applicant - at the time that a
CPL application is submitted - a copy of a compilation of all firearms laws in the state of
Michigan. Every CPL applicant must sign a form attesting that he received the
information. Else, he can not be later issued a CPL.
Duty 2. Maintain CPL Applications As Public Records
The County Gun Board is required to retain a copy of each CPL application as an official
record. The statute is silent as to what purpose this serves. Perhaps, the CPL applications
can be used as evidence in cases where an applicant has made a material false statement.
Duty 3. Issue Concealed Pistol Licenses In A Timely Manner
The County Gun Board is required to issue a CPL - within the proper time limits
established by state law - to a CPL applicant who properly submits a CPL application
and who meets the requirements for a CPL.
The Michigan State Police is required by law to forward the FBI's fingerprint
comparison report of the CPL applicant to the applicant's County Gun Board within 10
42
days after receiving it. The County Gun Board must issue or deny issuance of a CPL to a
CPL applicant within 30 days after the County Gun Board receives the fingerprint
comparison report from the Michigan State Police.
If the fingerprint comparison report is not received by the County Gun Board within 30
days after the report is forwarded to the Michigan State Police by the FBI, the County
Gun Board shall issue a temporary CPL to the CPL applicant if the CPL applicant is
otherwise qualified for a CPL.
A temporary CPL issued under these circumstances is valid for 180 days or until the
County Gun Board receives the fingerprint comparison report. If the CPL applicant with
the temporary CPL is later denied regular CPL status, the CPL applicant shall
immediately surrender the temporary CPL to the County Gun Board that issued that
temporary CPL.
The County Gun Board is not required to issue a CPL if the FBI determines that the CPL
applicant's fingerprints are "unclassifiable." A status of unclassifiable means that a
determination could not be made as to whether the CPL applicant has a criminal record.
This situation is usually caused by unclear or smudged fingerprints.
Duty 4. Must Notify Denied Applicants Of Their Right To Appeal
If the County Gun Board denies issuance of a CPL, it shall within 5 business days do
both of the following:
• Inform the applicant in writing of the reasons for the denial. Information shall
include all of the following:
• A statement of the specific and articulable facts supporting the denial.
• Copies of any writings, photographs, records, or other documentary
evidence upon which the denial is based.
• Inform the applicant in writing of his right to appeal the denial in a Circuit Court
hearing.
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Michigan County Gun Board Powers
1. Exclusive Authority Over CPL Licensing
The County Gun Board, notwithstanding an order from a Circuit Court, has exclusive
authority to issue, deny, revoke, or suspend a license to carry a concealed pistol. Only
two members of the County Gun Board are needed to establish a quorum. In addition,
the business of the County Gun Board shall be conducted by a majority vote of all of the
members of the County Gun Board.
A County Gun Board may not convene more than three panels to assist it with its
evaluations of CPL applicants. These panels do not have the authority to issue, deny,
revoke, or suspend a CPL. Further, these panels - if used - shall be comprised of
representatives from the Prosecutor's Office (if on the board), the Michigan State Police,
and the County Sheriff's Office.
1A. CPL Revocations
A County Gun Board that issued a CPL to an applicant may revoke his CPL if the
County Gun Board determines any of the following:
• The licensee committed a violation, other than a civil infraction as defined by PA 381 of 2000.
• The licensee is not statutorily eligible to have a CPL.
In both of the aforementioned cases, a revocation can not transpire until a written
complaint has been made and the CPL licensee has had at least ten day's notice to appear
at a hearing on the matter.
1B. CPL Suspensions
A County Gun Board, upon learning of a licensee being found responsible for three or
more civil infractions during his current licensed term - as defined in PA 381 of 2000 must conduct a hearing and may suspend the CPL for no more than a year.
A County Gun Board that receives notification from law enforcement that a CPL holder
has been charged with a felony or a misdemeanor, as defined in Public Act 381 of 2000,
must suspend the permit until there is a final disposition on the charges.
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A County Gun Board, upon having clear and convincing evidence based on specific
articulable facts that a licensee poses a danger to himself or to any other person, shall
immediately suspend the individual’s license pending a revocation hearing.
2. Authority To Investigate CPL Applicants
A County Gun Board is authorized to conduct investigations on CPL applicants to the
extent necessary to determine whether the applicant meets the requirements of being
eligible to receive a CPL. Once that determination is made, the investigation ceases. The
County Gun Board may require an applicant to appear before it to assist it with its
investigation. The failure of an applicant to appear, without valid reason, is sufficient
grounds for the County Gun Board to deny the license.
3. Authority To Issue Temporary CPLs
A County Gun Board has the authority to immediately issue a temporary CPL to a CPL
applicant if it determines there is probable cause to believe the safety of the applicant or
the safety of a member of the applicant’s family is endangered by the applicant’s
inability to immediately obtain a regular CPL. A temporary license shall be unrestricted
and shall be valid for not more than 180 days. A temporary CPL may be renewed for one
additional period of not more than 180 days.
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Concealed Pistol License Applicant's Rights
Michigan PA 381 of 2000 enumerates several rights to prospective Michigan Concealed
Pistol License (CPL) applicants. This article will explore and discuss those
aforementioned rights.
I. The Right To Receive A Free CPL Application
The law requires that all Michigan County Sheriffs, local police departments, and
County Clerks provide free application kits to all persons desiring to apply for a CPL.
The application kits consist of the following items:
• Official Michigan Concealed Pistol License Application
• Documentation Identifying Firearms Training Providers
• Documentation Explaining The Application Process
• Documentation Explaining The Right To An Appeal
• Fingerprint Cards For Background Checks
Any person, who is denied a requested application kit, can file a motion in Circuit Court
to obtain an "Order of Mandamus" which will force the local County Gun Board to
comply. The Court will also order that the County Gun Board reimburse the applicant for
his incurred actual and reasonable costs and attorney fees for obtaining the
aforementioned order.
II. The Right To Apply For A Concealed Pistol License
The law expressly forbids the state (i.e. Michigan), any local unit of government (e.g.
County Board of Commissioners, Sheriff's Office, or City Council), or any employer
from denying a person the right to do any of the following:
• Apply For A Concealed Pistol License
• Receive A Concealed Pistol License
• Carry A Concealed Pistol
However, there are a few exceptions. For one, private employers may legally prohibit
their employees from carrying a concealed pistol during the course of his employment
duties. In addition, A police agency may prohibit an employee from carrying a concealed
pistol if doing so would result in increased insurance premiums, a loss of insurance
coverage, or a reduction of insurance coverage.
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III. The Right To CPL Privacy
The law expressly states that an applicant's CPL status, as recorded in the state's
computerized database, is confidential and is not subject to disclosure under the
Freedom Of Information Act (FOIA). The database has the following applicant
information:
•
•
•
•
•
•
Legal Name, Date of Birth, Address, and County of Residence1
CPL Number and CPL Expiration Date, if applicable1
Reason For CPL Denial, if applicable2
Listing of Pending Criminal Charges, if applicable
Listing of Criminal Convictions During Licensure, if applicable
Listing of CPL Civil Infractions Incurred During Licensure, if applicable
1
This data is also recorded in the Law Enforcement Information Network (LEIN).
2
If the person is later issued a CPL, the reason for the previous denial will be removed
from the database.
IV. The Right To Appeal A CPL Refusal Of Issuance
The law bestows upon CPL applicants the right to contest a County Gun Board's refusal
to issue a Concealed Pistol License. PA 381 requires that Michigan County Gun Boards
must either issue or deny a CPL to an applicant within 30 days after the County Gun
Board has received the applicable fingerprint comparison report from the Michigan State
Police.
Furthermore, if the Michigan State Police does not forward the applicable fingerprint
comparison report to the respective County Gun Board within 30 days after receiving it
from the Federal Bureau of Investigation (FBI), the County Gun Board must issue a
temporary CPL to the applicant if he is otherwise qualified. The temporary permit would
be valid for either 180 days or at least until the County Gun Board receives the
applicable fingerprint comparison report.
If the County Gun Board does not fulfill its statutory requirement to either make a
decision on an applicant's prospective CPL within the legally established time-line or
fails to issue a temporary CPL when required, an applicant can file suit in Circuit Court
to force the issue.
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The case will be evaluated by a review of just the public record for error, unless the
reason for the "refusal to issue" was made on the basis that the applicant poses a threat to
himself or another person. In that case, witnesses must be presented to offer sworn
testimony.
If the court determines that the "reason for refusal" was clearly erroneous, the court shall
order the County Gun Board to issue a CPL to the applicant. Further, if the court finds
that the County Gun Board's rationale for the denial was arbitrary and capricious, the
court can order the state and the County Gun Board to reimburse the applicant for his
court costs and attorney fees.
IV. The Right To Appeal A CPL Denial
The law bestows upon CPL applicants the right to appeal a denial of a CPL. When a
Michigan County Gun Board denies an applicant from receiving a CPL, it has a statutory
duty to do both of the following tasks within five business days:
• Inform the applicant in writing of the reasons for the denial. Information shall
include all of the following:
• A statement of the specific and articulable facts supporting the denial.
• Copies of any writings, photographs, records, or other documentary
evidence upon which the denial is based.
• Inform the applicant in writing of his right to appeal the denial in a Circuit Court
hearing.
The denied applicant has the right to file a suit in Circuit Court to contest the CPL
denial. The case will be evaluated by a review of just the public record for error, unless
the reason for the denial was made on the basis that the applicant poses a threat to
himself or another person. In that case, witnesses must be presented to offer sworn
testimony.
If the court determines that the denial was clearly erroneous, the court shall order the
County Gun Board to issue a CPL to the applicant. Further, if the court finds that the
County Gun Board's rationale for the denial was arbitrary and capricious, the court can
order the state and the County Gun Board to reimburse the applicant for his court costs
and attorney fees.
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Concealed Pistol License Application Completion & Submission Tips
Despite the existence of a uniform state-wide Concealed Pistol License (CPL) Law,
many Michigan County Gun Boards continue to exert their influence on the application
process via a varying array of methods of following the law. For example, many
Michigan County Gun Boards still require CPL applicants to still appear before them
before a final decision is made on their CPL application.
One of the major purposes and consequences of the aforementioned law was to remove
the "discretionary" and "arbitrary" idiosyncrasies from the CPL process, such that
qualitative analyses - that were typically made in the past - at a County Gun Board
appearance were rendered moot; the applicant either meets the requirements or he
doesn't.
Nevertheless, many County Gun Boards still insist on retaining the appearance of
control even though that era of "discretionary licensing" has long passed. The purpose of
this document is provide the CPL applicant with a "best practices" process to follow
when submitting his CPL application to his resident County Gun Board to reduce the
likelihood of application submission and processing delays.
The first thing that a prospective CPL applicant should do is to make sure that his
Course Completion Certificate (CCC) from his Basic Pistol Safety Training Class
complies with the state of Michigan's statutory requirements. Although, Michigan law
(PA 254 of 2004) does "not require that a specific form, color, wording, or other content"
appear on a CCC, "except as provided in subsection (5)". Thus, a valid certificate shall
have the following features:
•
•
•
•
A statement that the named student successfully completed the class.
A statement certifying that "This course complies with section 5j of 1927 PA 372."
The printed name of the firearms instructor.
The signature of the firearms instructor.
A CCC missing any of the aforementioned features could be refused by your County
Gun Board. Thus, you need to be sure your CCC is compliant. Else, you'll need to track
down your certified Firearms Instructor and ask him to make the necessary updates to
your CCC or ask him to issue you another one that is compliant to the law.
The next thing that a prospective CPL student should do is to ensure that he has the latest
revision of the Michigan Concealed Pistol License Application (Form RI-012).
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Depending on the county, your application may not be accepted even if your county had
the wrong version posted on its web site. Thus, to be absolutely sure that you have the
latest version of the application, you should only download it from the state of
Michigan's official web site.
After obtaining a CPL application, you should fill it out completely, with the exception
of signing it, before you arrive at your County Clerk's office. Depending on the county,
you will not be assisted by county staff until your application is completed; you may lose
your place in line. Furthermore, your application must be signed in the presence of a
County Deputy Clerk. If it is already signed, you may be forced to fill out another CPL
application.
Furthermore, at least one metropolitan Detroit County Gun Board has established
"county rules" as to what constitutes an acceptable reference for use on the CPL
application, despite a lack of authorization to do so under state law. In fact, state law
specifically has a "preemption clause" in the CPL law that specifically forbids the
practice of cities and other levels of government from overriding and modifying
provisions established by the legislature.
Nevertheless, until it is challenged by a resident "harmed" by the process, residents of
this county must provide two references who have different residences. Also, neither
reference can share the same residence of the applicant.
In general, it is always a good idea to call ahead and confirm a few items before you
arrive at your County Clerk's office to submit your CPL application. Be admonished,
that at least one populous County Clerk's office in southeast Michigan is notorious for
not answering the telephone regardless of the day, date, or time.
Some things that you would like to know before-hand include the following:
• Whether that office takes applicant photos
• Whether that office takes applicant fingerprints
• What forms of payment they take for the $105 CPL application fee
If your County Clerk's office provides an option for you to have your passport-style
picture taken for a fee, even if it costs twice as much as you could have it done
elsewhere, you should let them take it.
For starters, it saves you one trip to make and - more importantly - you don't have to
worry if your picture is compliant to the picture specifications listed in the application:
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“Passport Photo standards: Taken alone, sufficiently recent to be a good likeness
(normally taken within the last 6 months), with an image size from bottom of chin to top
of head (including hair) of between 1 and 1 3/8 inches. Photo must be clear, front view,
full face, taken in normal street attire without a hat or dark glasses with a white or offwhite background. They must be capable of withstanding a mounting temperature of
225° Fahrenheit (107° Celsius). Snapshots, most vending machine prints, and magazine
or full-length photographs are unacceptable.”
In short, they can't refuse to take your CPL application if the photo doesn't meet their
requirements. After all, they took it.
Moreover, it is also a good idea to know if your County Clerk's office will be taking your
fingerprints. Some offices have kiosk-style machines where they can do it in the office.
If your County Clerk offers this option, you should avail yourself of the opportunity, as it
saves you from taking a trip to the County Sheriff's Office.
Further, you would also like to know what manner of payment your County Clerk's
office accepts for the payment of your CPL application fee. The manner of payment
varies widely - on a county basis. Some County Clerk offices accept all or a subset of the
following payment options: Money Order, Cashier's Check, Certified Check, Personal
Check, Cash, Visa, & MasterCard.
Please keep in mind that your receipt for your CPL application fee is important. It serves
both as proof that you paid your CPL application fee, authorizes the County Sheriff's
Office to take your fingerprints without an additional charge, AND it serves as the
official date that you turned in your CPL application for statutory time-keeping
purposes. Don't lose it!
In conclusion, the process by which an applicant officially applies for a Michigan
Concealed Pistol License has many pitfalls that can delay processing. Hopefully, by
reading this document, you will not suffer from the bureaucratic snafus that have
inconvenienced CPL applicants before you.
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Michigan County Gun Board Appearance Tips
Some Michigan Concealed Pistol License (CPL) applicants will face an additional
hurdle in their quest for the privilege of carrying a concealed firearm: an appearance
before their respective County Gun Board.
The passage of Michigan PA 381 of 2000 essentially removed most of the discretionary
authority from the County Gun Boards. Thus, instead of the County Gun Board having
the last word as to whether an applicant will receive a CPL, a CPL applicant "shall"
receive a CPL once he has demonstrated that he has met all of the the state's rigid
requirements. Many Michigan County Gun Boards, however, still require an appearance
before them as part of the official process. An applicant's failure to appear "without valid
reason" can lead to a legally valid denial of the CPL.
Many CPL applicants view an invitation to appear before their respective County Gun
Boards as a positive development, as a possible alternative could have been a "flat-out"
CPL rejection. The prudent applicant, however, should view this appearance requirement
as another opportunity to be denied their desired CPL. Thus, the appearance requirement
must not be taken lightly.
An appearance before a County Gun Board is an official proceeding. CPL applicants
should treat their impending participation in it with the same level of respect and
reverence as they would if they were criminal defendants facing a trial. All applicants
are sworn in by a County Deputy Clerk before they are interrogated. Further, all
statements made by applicants are recorded and are kept as an official record to be stored
and archived by the County Clerk for an unspecified period of time.
One the first things that a CPL applicant should decide, upon receiving a County Gun
Board Appearance Notification, is whether he should hire an attorney to represent him at
the hearing.
The CPL statute authorizes the County Gun Boards to conduct investigations on CPL
applicants to the extent of determining whether he qualifies for a CPL. At the time that
there has been enough evidence discovered to make that determination, the investigation
ceases.
If an applicant "technically" meets all of the state's requirements but may have an item in
his background that might make a "jittery" County Gun Board reluctant to approve his
permit, a lawyer should be hired to represent the applicant. The lawyer's role in this
52
process, at that point, is to explain why the applicant should be issued a CPL while at
the same time preserve grounds for a legally viable appeal in Circuit Court if the
applicant is rejected for a CPL.
Notwithstanding any items that are of particular interest to the County Gun Board about
a specific applicant with "unusual" circumstances, the County Gun Board may ask an
applicant a series of questions to determine "his suitability" as defined under the statute
for a CPL. Questions that they often ask applicants, include but is not limited to the
following list:
•
•
•
•
•
•
•
•
Why are you requesting a CPL?
Have you ever been convicted of a felony?
Have you ever been arrested on a drug-related charge?
Have you ever been arrested on a an alcohol-related charge?
Do you have any history of a mental illness?
Have you ever received a PPO from someone?
Have you ever issued a PPO against someone?
Have you ever served in the military?
Another consideration for a County Gun Board appearance could include the CPL
applicant making the decision to take the day off from work. Gun Boards pretty much
conduct business as they see fit. As such, they may tell you to report at 9:00a.m. and not
start conducting hearings until 11:00a.m. They are not required to conduct business at
any set time nor are they required to conduct hearings in any specific order. The best
advice for a CPL applicant is for him to arrive at least an hour early, for him plan to stay
late, and for him to not forget to bring his Appearance Letter with him.
Furthermore, if only for the sake of appearances, the CPL applicant should be dressed
for business. You may not "have to" dress smartly but it only makes good sense to dress
for success and make a good first impression.
Moreover, proper etiquette should also be observed: take off your hat, turn off your cell
phone and pager, don't chew gum, or be a disruption by talking when other applicants
are being vetted for their CPLs. All things considered, depending on your circumstances,
proper behavior might make a difference especially if others are treating this exercise
lightly.
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7 Questions Michigan County Gun Boards Like to Ask CPL Applicants
For most Michigan Concealed Pistol License (CPL) applicants, the submission of the
application package (i.e. official application, proof of gun safety training, fingerprint
scans, and etc.) will be the last contact applicants will have with their respective County
Gun Board until they are notified of an approval or a rejection.
However, residents in a handful of Michigan counties will have the additional hurdle of
making an appearance before the County Gun Board to answer a few questions about
their submission.
With the adoption of PA 381 of 2000, CPL licensing was standardized across the state.
Accordingly, much of the previously held discretionary authority County Gun Boards
have has been drastically minimized. In fact, many County Gun Boards do not require an
appearance at all due to the fact that an applicant's eligibility can be readily determined
via a criminal background check and a query of public records.
This article will specify questions which may be asked during an pre-licensure
appearance before a Michigan County Gun Board.
Question 1: Why Do You Want A CPL?
The correct answer to this question is "Personal Protection." It is a truthful response to
the question that is self-explanatory. Nothing else needs to be said. Any other response
given by the CPL applicant to this question during a Gun Board appearance opens the
door for further discussion and scrutiny of your motives.
Question 2: Do You Have Any Problems With Anybody?
If you have not had any documented incidents with another person, the answer to this
question is "No." A documented incident would include, but is not limited to, a 9-1-1 call
and a Personal Protection Order. No one knows with any level of certainty if a particular
"issue" or an incident with another person is serious enough to merit discussion at a
County Gun Board appearance. Moreover, if the circumstances were truly serious there
would be some official documentation on file with the authorities.
Question 3: Have You Ever Been Arrested For A Felony?
This question is obviously an interesting one to be asked during a County Gun Board
appearance because they are already informed as to the contents of your criminal
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background history. A felony conviction that has not been set-aside will disqualify an
applicant for licensure. Every CPL applicant undergoes a rigorous criminal history check
by the Federal Bureau of Investigation. Answer the question truthfully. Be mindful that
an arrest is not the same thing as a conviction. A mere arrest does not disqualify an
applicant for a CPL.
Question 4: Have You Ever Been Arrested For Anything Else?
As mentioned before, a mere arrest is not grounds for a CPL rejection. Any arrest info in
your background will show up during your criminal history check. Honestly answer the
question - yes or no - and await their next question. Do not volunteer to share any info
about your past that will serve to unnecessarily extend the time needed for your
appearance before the County Gun Board. The purpose of your appearance is not a
popularity contest. You need only demonstrate that you meet CPL licensing
requirements.
Question 5: Have You Ever Had A Mental Illness?
Unless you have ever been officially diagnosed with "clinical depression" or another
specified mental illness by a qualified mental health professional, the answer to the
question is "No." Evidence of a mental illness condition is grounds for a CPL rejection.
Please be mindful that there is a huge difference between "depression" and "clinical
depression" and only qualified health professionals can make that determination. Thus, a
self-diagnosis of yourself as being "depressed" does not have any legal standing with
regards to your qualification for a CPL.
Question 6: Is There A Current Protection Order Against You?
Under federal law, the Lautenberg Amendment to the 1968 Gun Control Act, persons
with an active Personal Protection Order (PPO) against them are forbidden from
possessing a firearm. Thus, if you have an active PPO against you, your CPL application
will be rejected. Curiously enough, the Gun Board should be aware of your status.
Truthfully answer the question.
Question 7: Have You Ever Taken Out A PPO Against Someone?
If you are asked this question, the County Gun Board is attempting to get you to reveal
info about your lifestyle which may open up a line of questioning about your motives.
Obviously, PPOs are recorded publicly; if you have ever taken a PPO out against another
person, it is safe to assume that they know about it. Answer the question honestly,
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directly, and tersely. Unless asked, there is no need to deliver a speech as to your specific
circumstances.
County Gun Board appearances as a part of the CPL licensing process is largely a
symbolic gesture, as an applicant's qualifications can be readily determined from a
criminal background check and a check of public records. If you have been notified of a
pending pre-licensing appearance before a County Gun Board, you probably have been
approved.
However, do not take your appearance lightly. County Gun Boards still have the ability
to not bestow CPLs to persons who may present a danger to themselves and other
people. Thus, you should keep your responses short and on topic to any questions
presented. If you successfully manage to not open up any unnecessary areas of your
background and motives, your chances of having your CPL application approved are
enhanced.
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How to Contest a Concealed Pistol License Rejection
According to available annual statistics published in the "2007/2008 Concealed Pistol
License Annual Report," on the Michigan State Police web site, exactly 744 of the
33,411 submitted Concealed Pistol License (CPL) Applications were rejected.
Documented classifications for the rejections included the following: Invalid Age (1),
No Proof Of Gun Safety Training (5), Invalid Resident/Citizenship Status (4), Active
Mental Health or Protection Orders (5), Mental Health Issue (13), Felony Conviction
(290), Applicable Misdemeanor Conviction (183), Dishonorable Military Discharge (0),
and Licensing Board Decision (243).
There are no compiled statistics, however, on how many CPL applications were - at first
- erroneously rejected but later approved. In short, Michigan County Gun Licensing
Boards occasionally make mistakes. That fact should not be a surprise when "Licensing
Board Decision" rejections - 243 in total - account for one-third of all CPL rejections.
This article will discuss and explore how CPL applications are erroneously rejected, the
process by which CPL applicants are notified of their denials, and specify how an
erroneously denied CPL applicant can be approved.
How CPL Applications Are Erroneously Rejected
Reviewing CPL applications for approvals is an involved process. The respective County
Clerk's Office must ensure that a properly completed application is received, a
background check must be performed by the FBI which in turn routes the data back to
the Michigan State Police which then sends the info to the respective County Sheriff's
Office.
Ultimately, the fingerprint comparison report is eventually sent to the respective County
Gun Board with the expectation that a decision on the submitted application - in total will be announced in a timely manner. This entire process understandably can become a
data management and process flow nightmare when you consider how many CPL
applications are being simultaneously processed.
According to the Concealed Pistol License County Report - dated December 3rd, 2009, Wayne County alone processed over 50,000 applications. Within this operating
environment, it is plausible that a few mistakes will occur. Some "erroneous" CPL
rejections occur during the Licensing Board Decision process. In theory, the three
members of the County Gun Board - one representative from the County Prosecutor's
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Office, the County Sheriff's Office, and the Michigan State Police - look at each
applicant's file and take a vote. If at least two affirmative votes are cast, the CPL
application is approved. Else, it is rejected.
Although Public Act 381 of 2000 minimized much of the discretionary licensing
authority of County Gun Boards, an obscure passage in the statute allows them to not
issue a license if:
“Issuing a license to the applicant to carry a concealed pistol in this state is not
detrimental to the safety of the applicant or to any other individual. A
determination under this subdivision shall be based on clear and convincing
evidence of repeated violations of this act, crimes, personal protection orders
or injunctions, or police reports or other clear and convincing evidence of the
actions of, or statements of, the applicant that bear directly on the applicant's
ability to carry a concealed pistol.”
In essence, an applicant can pass the criminal background check but be denied
licensure on a 2-to-1 judgment call by the County Gun Board. A CPL applicant
under the advisement and counsel of an attorney has the right to file suit and
attempt to convince a Circuit Court judge that this vote was made in error - possibly
"capricious and arbitrary" - and acquire his CPL.
Another instance in which a CPL rejection can be converted into licensure is by
submitting or disclosing information that corrects incorrect info possessed by the
County Gun Board. For instance, I have heard of cases in which a person was
initially denied a CPL because of erroneous info that was present in the Law
Enforcement Information (LEIN) database. Obviously, the solution here is to have
the error corrected.
Another source of a licensing error that I have heard about involved the misidentification of the applicant. In this case, the applicant was confused with his
father; with the exception of a suffix (e.g. Sr., Jr., III), their names were identical.
Apparently, the father's inability to qualify for a CPL led to his son being
erroneously denied. The obvious solution here is to inform the County Gun Board
of their error.
Moreover, another erroneous CPL application rejection, I had heard about, involved
the County Gun Board not following the letter of the law with respect to eligibility.
In this case, an applicant was rejected because he had a "Driving While Impaired First Offense" conviction. Under the statute, this offense does not disqualify an
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applicant. The County Gun Board erroneously applied the penalty of "Driving
While Intoxicated - First Offense" - a three year waiting period.
How CPL Applicants Are Notified Of CPL Application Rejections
If the County Gun Board denies issuance of a CPL to an applicant, the County Gun
Board is required by law to do the following within five business days:
• Inform the applicant in writing of the reasons for the denial.
• A statement of the specific and articulable facts supporting the denial.
• Copies of any writings, photographs, records, or other documentary
evidence upon which the denial is based.
• Inform the applicant in writing of his or her right to appeal the denial to the
Circuit Court.
How To Contest A CPL Rejection
Presumably, most CPL applicants make themselves aware of the licensing requirements
for the permit before submitting an application at their respective County Clerk's office.
After all, there's no sense in taking a CPL Training Class and giving the state a $105
application fee on a whim. Thus, the notification of a rejection "should" come to you as
a surprise.
Review the documentation for veracity and accuracy. It is entirely possible that your
rejection was either based on erroneous information the County Gun Board had at its
disposal or was based in an "arbitrary and capricious" manner - a coin flip.
Consult with an experienced attorney who has documented experience with contesting
County Gun Board decisions in Circuit Court. If the two of you jointly believe that you
have a winnable case, go forward with a suit. If the court rules in your favor, the judge
will order the County Gun Board to immediately issue you a CPL. Furthermore, if the
judge determines that your CPL rejection was "arbitrary and capricious," you are entitled
to be reimbursed incurred legal representation fees and court costs.
Don't assume that the County Gun Board did not err when it evaluated and rejected your
CPL application. Mistakes happen. Don't let an error keep you from legally carrying a
concealed pistol for your personal protection during these perilous times.
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Appendix I - References Consulted
1. Michigan Public Act 381 of 2000
2. Michigan Public Act 254 of 2004
3. American Psychiatric Association's Manual, DSM-IV
4. Michigan State Police Update #86
5. Michigan Attorney General Opinion #7097
6. Michigan State Police CCW Reports
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Appendix II - Suggested Resources
1. Michigan State Police Update #86
2. Michigan Concealed Pistol License Application
3. Michigan Law Enforcement Agencies
4. Michigan County Clerk Offices
5. Legally Armed In Detroit (LAID)
6. Rick's Firearm Academy of Detroit
7. Firearms Laws of Michigan
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Appendix III - Acronyms Used In This Book
BGO: Black Gun Owners
BPSTC: Basic Pistol Safety Training Class
CCC: Course Completion Certificate
CCW: Carrying Concealed Weapon
CPL: Concealed Pistol License
CRSO: Chief Range Safety Officer
DOC: Detroit Open Carry
FBI: Federal Bureau of Investigations
LAID: Legally Armed In Detroit
LEIN: Law Enforcement Information Network
MCOLES: Michigan Coalition of Law Enforcement Standards
MGO: Michigan Gun Owners
MOC: Michigan Open Carry
NRA: National Rifle Association
PA: Public Act
PPO: Personal Protection Order
RSO: Range Safety Officer
TC: Training Counselor
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