6.10Change in Eligibility After Concealed Pistol License Issued

“The department of state police shall notify the county clerk in the county in which a license was issued to an individual to carry a concealed pistol if the department of state police determines that there has been a change in the individual’s eligibility under this act to receive a license to carry a concealed pistol [(CPL)].^[1] The county clerk shall suspend, revoke, or reinstate the license as required under this act and immediately send notice of the suspension, revocation, or reinstatement under this subsection by first-class mail in a sealed envelope to the individual’s last known address as indicated on the records of the county clerk. The notice must include the statutory reason for the suspension, revocation, or reinstatement, the source of the record supporting the suspension, revocation, or reinstatement, the length of the suspension or revocation, and whom to contact for correcting errors in the record, appealing the suspension or revocation, and reapplying for that individual’s license. The department of state police shall immediately enter that suspension, revocation, or reinstatement into the law enforcement information network [(LEIN)].”² MCL 28.428(3).

Note: “The county clerk in the county in which a license was issued to an individual to carry a concealed pistol shall suspend, revoke, or reinstate a license as required under this act if ordered by a court^[3] or if the county clerk is notified by a law enforcement agency, prosecuting official, or court of a change in the licensee’s eligibility to carry a concealed pistol under this act.” MCL 28.428(1).

“If a suspension is imposed under [MCL 28.428], the suspension must be for a period stated in years, months, or days, or until the final disposition of the charge, and state the date the suspension will end, if applicable.” MCL 28.428(4).

An order or amended order suspending or revoking an individual’s license is immediately effective. MCL 28.428(8). A person is not criminally liable for violating the order until he or she receives notice of the suspension or revocation. Id. However, “nothing in MCL 28.428 states how an individual must be notified that his or her CPL has been revoked or suspended, only that the individual receive notice.” People v Brown (Cleophas), 330 Mich App 223, 234 (2019). In Brown, 330 Mich App at 234, “the trial court erred in holding that verbal notice [by a peace officer] was insufficient under MCL 28.428.” Moreover, “the prosecution produced evidence establishing that the MCL 28.428’ notice requirement was otherwise satisfied” where “[t]he uncontested evidence showed that defendant received written notice that his CPL was suspended, and nothing suggests that defendant had reason to believe that this suspension was lifted.” Brown, 330 Mich App at 235.

Thus, where proper notice has not yet been given, an individual may avoid arrest if he or she complies with the order once informed. See MCL 28.428(9), which states that “[i]f an individual is carrying a pistol in violation of a suspension or revocation order or amended order issued under [MCL 28.428] but has not previously received notice of the order or amended order, the individual must be informed of the order or amended order and be given an opportunity to properly store the pistol or otherwise comply with the order or amended order before an arrest is made for carrying the pistol in violation of this act.”⁴

A.Surrender of License Upon Suspension or Revocation

“The licensee shall promptly surrender the individual’s license to the county clerk after being notified that the individual’s license has been revoked or suspended. An individual who fails to surrender a license as required under this subsection after the individual was notified that the individual’s license was suspended or revoked is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.” MCL 28.428(4). See also MCL 28.425b(16), which provides that “[i]f a license issued under this act is suspended or revoked, the license is forfeited and the individual shall return the license to the county clerk forthwith by mail or in person[,]^[5] . . . [and a]n individual who fails to return a license under this subsection after the individual was notified that the individual’s license was suspended or revoked is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.”

B.Renewing License After Expiration of License Suspension

“Except as otherwise provided in [MCL 28.428(2) and MCL 28.428(6)], if a license is suspended under [MCL 28.428] and that license was surrendered by the licensee, upon expiration of the suspension period, the applicant may apply for a renewal license in the same manner as provided under [MCL 28.425l]. The county clerk or department of state police, as applicable, shall issue the applicant a receipt for the individual’s application at the time the application is submitted. The receipt must contain all of the following:

(a) The name of the applicant.

(b) The date and time the receipt is issued.

(c) The amount paid.

(d) The applicant’s state-issued driver license or personal identification card number.

(e) The statement, ‘This receipt was issued for the purpose of applying for a renewal of a concealed pistol license following a period of suspension or revocation. This receipt does not authorize an individual to carry a concealed pistol in this state.’

(f) The name of the county in which the receipt is issued, if applicable.

(g) An impression of the county seal, if applicable.” MCL 28.428(5).

MCL 28.428(6) provides that “[i]f a license is suspended because of an order under [MCL 28.425b(7)(d)(iii)⁶ or MCL 28.425b(7)(d)(vi)⁷] and that license was surrendered by the licensee, upon expiration of the order and notification to the county clerk, the county clerk shall automatically reinstate the license if the license is not expired and the department of state police has completed the verification required under [MCL 28.425b(6)]. The county clerk shall not charge a fee for the reinstatement of a license under this subsection.”