How To Get A Michigan Concealed Pistol License

Rick Ector, Rick's Firearm Academy of Detroithttp://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

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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, Firearms-Truth.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 CPL-holder must know.

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A Michigan Concealed Pistol License Is Not A 007 LicenseUnlike 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 IneligibilitySometimes 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 SystemIf 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 StatesThe 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 IssuanceIt 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 ZoneMichigan 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 PermitA 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 CPL-holder 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 CPL-holders.

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 CPL-holder 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:

• 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.26

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 short-change 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 self-defense 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. 39

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.

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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.

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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

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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

1This data is also recorded in the Law Enforcement Information Network (LEIN).

2If 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 off-white 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

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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 mis-identification 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 #862. Michigan Concealed Pistol License Application3. Michigan Law Enforcement Agencies4. Michigan County Clerk Offices5. Legally Armed In Detroit (LAID)6. Rick's Firearm Academy of Detroit7. 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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