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Michigan Gun Laws and CPL Requirements

Jun 8, 2020 | Blog, News, Your Rights

Concealed Pistol License Requirements

An outline of requirements for those who want to obtain a Michigan Concealed Pistol License.

A. State Requirements

An applicant for a Michigan CPL must:

1. Be at least 21 years of age.

2. Be a citizen of the United States or an alien lawfully admitted into the United States.

3. Be a legal resident of Michigan and reside in Michigan for at least six months immediately prior to application. An applicant is a resident of Michigan if one of the following applies:

• The applicant possesses a valid, lawfully obtained Michigan driver’s license or official Michigan personal identification card.

• The applicant is lawfully registered to vote in Michigan.

• The applicant is on active duty status with the United States Armed Forces and is stationed outside of Michigan, but Michigan is the applicant’s home of record.

• The applicant is on active duty status with the United States Armed Forces and is permanently stationed in Michigan, but the applicant’s home of record is another state.

Note: The county clerk shall waive the six-month residency requirement if one of the following applies:

• For an emergency license, if the applicant is a petitioner for a personal protection order issued under MCL 600.2950 or MCL 600.2950a.

• For an emergency license, if the county sheriff determines that there is clear and convincing evidence to believe that the safety of the applicant or the safety of a member of the applicant’s family or household is endangered by the applicant’s inability to immediately obtain a license to carry a concealed pistol.

• For a new resident, if the applicant holds a valid concealed pistol license issued by another state at the time the applicant’s residency in this state is established

4. Have knowledge and training in the safe use and handling of a pistol by successfully completing an appropriate pistol safety training course or class.

5. Not be subject to an order or disposition for any of the following:

• Involuntary hospitalization or involuntary alternative treatment.

• Legal incapacitation.

• Personal protection order.

• Bond or conditional release prohibiting purchase or possession of a firearm.

• Finding of not guilty by reason of insanity.

6. Not be prohibited from possessing, using, transporting, selling, purchasing, carrying, shipping, receiving, or distributing a firearm under MCL 750.224f.

7. Have never been convicted of a felony in Michigan or elsewhere, and a felony charge against the applicant is not pending in Michigan or elsewhere at the time he or she applies for a CPL.

8. Have not been dishonorably discharged from the United States Armed Forces.

9. Have not been convicted of a misdemeanor violation of any of the following in the eight years immediately preceding the date of the application and a charge for a misdemeanor violation of any of the following is not pending against the applicant in this state or elsewhere at the time he or she applies for a CPL:

• MCL 257.617a, failing to stop when involved in a personal injury accident

• MCL 257.625, operating while intoxicated or with any presence of a Schedule 1 controlled substance or cocaine, punishable as a second offense under, MCL 257.625(9)(b)

• MCL 257.625m, operating a commercial motor vehicle with alcohol content, punishable as a second offense under MCL 257.625m(4)

• MCL 257.626, reckless driving

• MCL 257.904(1), operating while license suspended/revoked/denied or never applied for a license, punishable as a second or subsequent offense

• MCL 259.185, operating an aircraft while under the influence of intoxicating liquor or a controlled substance with prior conviction

• MCL 290.629, hindering or obstructing certain persons performing official weights and measures duties

• MCL 290.650, hindering, obstructing, assaulting, or committing bodily injury upon director of the Department of Agriculture or authorized representative of the director

• MCL 324.80176, operating a vessel under the influence of intoxicating liquor or a controlled substance, or with an unlawful blood alcohol content, punishable as a second or subsequent offense under MCL 324.80177(1)(b)

• MCL 324.81134, operating an off-road vehicle (ORV) under the influence of alcoholic liquor or a controlled substance or with an unlawful alcohol content, punishable as a second or subsequent offense under MCL 324.81134(8)(b)

• MCL 324.82127, operating a snowmobile under the influence of alcoholic liquor or a controlled substance, or with an unlawful blood alcohol content, or with any presence of a Schedule 1 controlled substance or cocaine, punishable as a second or subsequent offense under MCL 324.82128(1)(b) MCL 333.7403, possessing a controlled substance, controlled substance analogue, or prescription form

• MCL 462.353, operating a locomotive under the influence of alcoholic liquor or a controlled substance, or while visibly impaired, punishable as a second offense under MCL 462.353(4)

• MCL 722.677, displaying sexually explicit matter to minors

• MCL 750.81, assault or domestic assault

• MCL 750.81a(1) or (2), aggravated assault or aggravated domestic assault

• MCL 750.115, breaking and entering or entering without breaking

• MCL 750.136b(7), fourth-degree child abuse

• MCL 750.145n, vulnerable adult abuse

• MCL 750.157b(3)(b), solicitation to commit a felony

• MCL 750.215, impersonating a peace officer or medical examiner

• MCL 750.223, illegal sale of a firearm or ammunition

• MCL 750.224d, illegal use or sale of a self-defense spray or foam device

• MCL 750.226a, sale or possession of a switchblade

• MCL 750.227c, improper transporting or possessing a loaded firearm in or upon a vehicle

• MCL 750.229, pawnbroker accepting a pistol in pawn, or any second-hand or junk dealer accepting a pistol and offering or displaying it for resale

• MCL 750.232, failure to register the purchase of a firearm or a firearm component

• MCL 750.232a, improperly obtaining a pistol, making a false statement on an application to purchase a pistol, or using or attempting to use false identification of another to purchase a pistol

• MCL 750.233, intentionally pointing or aiming a firearm without malice

• MCL 750.234, discharging a firearm while intentionally aimed without malice

• MCL 750.234d, possessing a firearm on prohibited premises

• MCL 750.234e, brandishing a firearm in public

• MCL 750.234f, possession of a firearm in public by an individual less than 18 years of age

• MCL 750.235, discharging a firearm pointed or aimed intentionally without malice causing injury

• MCL 750.235a, parent of a minor who violates the Firearms Chapter of the Michigan Penal Code in a weapon-free school zone

• MCL 750.236, setting a spring or other gun, or any trap or device

• MCL 750.237, carrying, possessing, using, or discharging a firearm while under the influence of alcoholic liquor or a controlled substance, while having an unlawful alcohol content, or while visibly impaired

• MCL 750.237a, weapon-free school zone violation

• MCL 750.335a, indecent exposure

• MCL 750.411h, stalking

• MCL 750.520e, fourth-degree criminal sexual conduct

• Former MCL 750.228, failure to have a pistol inspected

• MCL 752.861, careless, reckless, or negligent use of a firearm resulting in injury or death

• MCL 752.862, careless, reckless, or negligent use of a firearm resulting in property damage

• MCL 752.863a, reckless discharge of a firearm

• A violation of a law of the United States, another state, or a local unit of government of this state or another state substantially corresponding to a violation described above

10. Have not been convicted of a misdemeanor violation of any of the following in the three years immediately preceding the date of application and a charge for a misdemeanor violation of any of the following is not pending against the applicant in this state or elsewhere at the time he or she applies for a license:

• MCL 257.625, operating while intoxicated, visibly impaired, under 21 years of age with any bodily alcohol content, or with any presence of a Schedule 1 controlled substance or cocaine

• MCL 257.625a, refusal of commercial motor vehicle operator to submit to a preliminary chemical breath test

• MCL 257.625k, ignition interlock device reporting violation

• MCL 257.625l, circumventing or tampering with an ignition interlocking device

• MCL 257.625m, operating a commercial motor vehicle with alcohol content, punishable under MCL 257.625m(3)

• MCL 259.185, operating an aircraft under the influence of intoxicating liquor or a controlled substance

• MCL 324.81134, operating an ORV under the influence of alcoholic liquor or a controlled substance, with an unlawful alcohol content, with any presence of a Schedule 1 controlled substance or cocaine, or while visibly impaired

• MCL 324.82127, operating a snowmobile under the influence of alcoholic liquor or a controlled substance, with an unlawful blood alcohol content, with any presence of a Schedule 1 controlled substance or cocaine, or while visibly impaired

• MCL 333.7401 to 333.7461, controlled substance violation

• MCL 462.353, operating a locomotive under the influence of alcoholic liquor or a controlled substance, while visibly impaired, or with an unlawful alcohol content, punishable under MCL 462.353(3)

• MCL 750.167, disorderly person

• MCL 750.174, embezzlement

• MCL 750.218, false pretenses with intent to defraud or cheat

• MCL 750.356, larceny

• MCL 750.356d, second or third degree retail fraud

• MCL 750.359, larceny from vacant structure or building

• MCL 750.362, larceny by conversion

• MCL 750.362a, refuse or neglect to return vehicle, trailer, or other tangible property delivered on a rental or lease basis with intent to defraud the lessor

• MCL 750.377a, malicious destruction of personal property

• MCL 750.380, malicious destruction of real property

• MCL 750.535, buying, receiving, possessing, concealing, or aiding in the concealment of stolen, embezzled, or converted property

• MCL 750.540e, malicious use of service provided by telecommunications service provider

• A violation of a law of the United States, another state, or a local unit of government of this state or another state substantially corresponding to a violation described above

11. Have 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.

12. Is not currently and has never been subject to an order of involuntary commitment in an inpatient or outpatient setting due to mental illness.

13. Not have a diagnosed mental illness at the time the application is made that includes an assessment that the individual presents a danger to himself or herself or to another, regardless of whether he or she is receiving treatment for that illness.

14. Not be under a court order of legal incapacity in this state or elsewhere.

15. The applicant has a valid state-issued driver’s license or personal identification card.

B. Federal Requirements

Pursuant to MCL 28.426, a CPL may not be issued to a person prohibited under federal law from possessing or transporting a firearm as determined through the federal National Instant Criminal Background Check System (NICS). Questions regarding the NICS check should be directed to the Federal Bureau of Investigation (FBI) NICS Section at 1-(877) FBI-NICS (877-324-6427).

Concealed Pistol License Requirements

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91 More Drug Cases Tied to Ex-Texas Cop to Be Dismissed

May 26, 2020 | Blog, News

Prosecutors announced they expect to dismiss possibly 91 more drug convictions tied to an indicted ex-Houston Texas police officer.

A look back at botched Harding Street raid…

The Harris County DA’s Office had announced in February it would dismiss 73 cases connected to the former officer, Gerald Goines, whose cases are being reviewed following a deadly drug raid.

Goines’ work with the Houston Police Department’s narcotics unit has come under scrutiny following the January 2019 drug raid in which Dennis Tuttle, 59, and his wife, Rhogena Nicholas, 58, were killed.

Prosecutors allege Goines, 55, lied to obtain the warrant to search the couple’s home by claiming that a confidential informant had bought heroin there. Goines later said there was no informant and that he had bought the drugs himself, they allege. Five officers, including Goines, were injured in the raid.

In the 73 cases announced in February, Goines was the only witness to alleged drug buys.

In the 91 cases announced Thursday, Goines wrote affidavits that were used to secure search warrants in drug cases.

Police stop by your place uninvited? You are going to need a lawyer! Komorn Law handles all types of cases similar to police raids, marijuana arrests, criminal charges as well as DUI and Drugged Driving.

Call Our Office 248-357-2550 before you swallow the prosecutor’s “plea bargain” hook, line and sinker.

All of the individuals in the 164 cases being dismissed are minorities and the majority are African American, prosecutors said.

“We will continue to work to clear people convicted solely on the word of a police officer who we can no longer trust,” said Harris County District Attorney Kim Ogg. “We are committed to making sure the criminal justice is fair and just for everyone.”

Nicole DeBorde, Goines’ attorney, accused Ogg of using the ex-officer’s case for political gain. Ogg is up for re-election in November.

HARRIS COUNTY D.A. KIM OGG DIDN’T DELIVER ON HER PROMISE OF REFORM. NOW ANOTHER ONE OF HER FORMER PROSECUTORS IS RUNNING AGAINST HER.

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Charges brought on two technicians who allegedly faked tests on breathalyzer machines.

May 22, 2020 | Blog, News

The Michigan AG filed charges against two technicians contracted to service all the DataMaster DMT breath alcohol testing instruments for the Lower Peninsula

One device is at the Beverly Hills Police Department in Oakland County, the other at the Alpena County Sheriff’s Office.

Michigan State Police’s Breath Alcohol Program says it found problems when conducting a routine review of records early on Jan. 2, Nessel’s statement said. They issued a stop order on the Intoximeters contract on Jan. 7.

“Discrepancies in some submitted diagnostic reports came to light during a routine technical review by MSP’s Breath Alcohol Program on Jan. 2, 2020. Specifically, it is alleged that two of Intoximeters Inc.’s three technicians” Nessel’s statement said.

If you feel like your datamaster breathalyzer test was done on a faulty machine or was false and would like to hire an attorney that will fight for you. You found him. Michael Komorn – provides DUI, drugged driving and criminal defense passionately an aggressively. Call Our Office 248-357-2550 or visit KomornLaw.com

Michigan AG News Release

May 22, 2020

LANSING – Michigan Attorney General Dana Nessel on Thursday filed charges against two technicians contracted to service all the DataMaster DMT (DataMaster Transportable) breath alcohol testing instruments for the Lower Peninsula. The DataMaster DMT (often referred to as a breathalyzer) is the evidentiary instrument used by law enforcement across Michigan to measure the alcohol level of motor vehicle drivers suspected of being under the influence of alcohol.

The Michigan State Police (MSP) entered into a contract with Intoximeters Inc. that began Sept. 1, 2018 to provide ongoing maintenance and repairs, as well as 120-day on-site inspections on each of the 203 DataMaster DMTs in the state. Each technician was required to physically visit each site to conduct various diagnostic verifications, calibrations and repairs.

Discrepancies in some submitted diagnostic reports came to light during a routine technical review by MSP’s Breath Alcohol Program on Jan. 2, 2020. Specifically, it is alleged that two of Intoximeters Inc.’s three technicians — Andrew Clark and David John — created fictitious documents to show they completed certain diagnostic tests and repairs on two DataMaster instruments for which they had responsibility for calibration and performance—one incident involved the DataMaster DMT instrument located at the Beverly Hills Police Department and the other incident involved the DataMaster DMT instrument located at the Alpena County Sheriff’s Office.

Upon discovery of this issue, the MSP temporarily removed all instruments from service and launched an investigation, notifying both its criminal justice partners and the public of its discovery. The MSP promptly began working with the Attorney General’s Public Integrity Unit, continuing to demonstrate a steadfast belief that public trust and accountability are essential in government. The combined efforts of the MSP Breath Alcohol Program, MSP Fraud Investigation Section and the Attorney General’s Public Integrity Unit have culminated in the charges announced today.

Following a four-month investigation led by the Attorney General’s Public Integrity Unit and the MSP, a total of nine felony charges were filed against David John, age 59, of Kalamazoo, and a total of six felony charges were filed against Andrew Clark, 53, of Oxford. Specific charges are as follows:

Andrew Clark, charged in Eaton County:

Two counts, forgery of a public record, a 14-year felony charge;
Two counts, uttering and publishing, a 14-year felony charge; and
Two counts, use of a computer to commit a crime, a 10-year felony charge.

David John, charged in Kalamazoo County:

Three counts, forgery of a public record, a 14-year felony charge;
Three counts, uttering and publishing, a 14-year felony charge; and
Three counts, use of a computer to commit a crime, a 10-year felony charge.

“Those who hold positions of trust and responsibility at any level within our overall system of justice must be held to a high standard. When that trust is betrayed, it is incumbent upon my department to ensure accountability on behalf of the people of our state.” Nessel said. “I’m grateful for the Michigan State Police’s assistance in this investigation, and I know that the MSP and my Public Integrity Unit have handled this matter appropriately and in the public’s best interest.”

“From the time we first uncovered discrepancies, the MSP was committed to conducting a complete and thorough investigation, and to being as transparent as possible regarding the outcomes of this situation,” stated Col. Joe Gasper, director of the MSP. “We recognize the critical role these instruments can play in drunk driving convictions and we are confident that a properly calibrated and maintained DataMaster remains an extremely reliable instrument.”

Certified MSP staff have been performing the ongoing maintenance, repairs and 120-day inspections for all DataMaster instruments since Jan. 10, 2020, and will continue to do so. The State of Michigan’s contract with Intoximeter’s Inc. was officially terminated effective April 9, 2020.

Clark has been arraigned in the Eaton County District Court and was given a personal recognizance bond. He is scheduled for a probable cause conference at 4 p.m. June 1.

John will be arraigned at a later date due to reduced court operations related to COVID-19.

Note: A criminal charge is just an allegation and that the defendant is presumed innocent unless and until proven guilty. At least that’s what it’s supposed to be.

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Initial Study Says Cannabis Might Help Prevent COVID-19 Infections

May 17, 2020 | Blog, News

Initial Study Says Cannabis Might Help Prevent COVID-19 Infections and Marijuana could regulate the main gateway COVID-19 enters host cells in patients, new research concludes.

New research into preventive measures and possible treatment for the coronavirus could be cannabis. At first public health officials warned that inhalation of burning marijuana could lead to more vulnerability to contracting the coronavirus.

A new study published in the journal Preprints finds some cannabis strains could prevent the severity and spread of COVID-19. See PDF Here. Note: Preprints is not peer-reviewed

Like most respiratory diseases, the droplets carrying the disease are expelled by coughing or sneezing. When a non-infected person inhales the droplets, it typically enters your body through cells in your lungs and corresponding tissue.

The scientific community has recently identified the ACE2 protein as the primary gateway the coronavirus infects patients. Researchers suspect modulating the level of proteins present in a patients could prevent susceptibility to the disease.

In a study completed before the pandemic, researchers had observed the combination of THC and CBD cannabinoids could lower gene expressions that produce and regulate ACE2 proteins.

“While our most efficacious extracts require further validation in a large-scale analysis and an animal model, our study is crucial for the future analysis of the effects of medical cannabis on COVID-19,” concluded the researchers. “Given the current dire and rapidly developing epidemiological situation, every possible therapeutic opportunity and avenue needs to be considered.”

Read the Rest HERE on FreshToast

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Scientists launch clinical trials to see if cannabis can be effective against the coronavirus

May 14, 2020 | Blog, News

Israel Researchers Believe CBD Could Play Role In COVID-19 Treatment. This product, which is expected to be administrated by inhalation, will be tested against a variety of lung infections.

Israeli scientists have launched clinical trials into whether cannabis can play an effective role in stopping or slowing the coronavirus. Israeli scientists will study cannabidiol (CBD) alongside existing treatment options as a possible solution.

InnoCan Pharma Collaborates with Tel Aviv University to Develop a New Revolutionary Approach to Treat the COVID-19 Corona Virus with Exosomes-Loaded CBD

Exosomes are small particles created when stem cells are multiplied. Exosomes can target specific damaged organs and have an important role in cell-to-cell communication. When the cell healing properties of the exosomes are combined with the anti-inflammatory properties of CBD, it is expected to reach high synergetic effect. The research results may be beneficial to additional treatments for Central Nerve System ( CNS ) indications such as epilepsy and Alzheimer’s Disease.

Under the terms of the Research Agreement, InnoCan and a team led by Prof. Daniel Offen, a leading researcher specializing in Neuroscience and Exosome technology at Tel Aviv University, will collaborate to develop the cell therapy product, based on Prof. Offen’s work in the field. Innocan has agreed to fund the research based on agreed milestones, in the aggregate amount of approximately US $450,000 for the first stage.

InnoCan and Ramot are collaborating on a new, revolutionary exosome-based technology that targets both central nervous system (CNS) indications and the Covid-19 Corona Virus. CBD-Loaded Exosomes hold the potential to provide a highly synergistic effect of anti-inflammatory properties and help in the recovery of infected lung cells. This product, which is expected to be administrated by inhalation, will be tested against a variety of lung infections.

Read The rest HERE

Also: More Research if you are interested: The basics of ACE2

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Disclaimer: Posted on this site is information gathered from the internet. We try to determine if they are facts or truth or atleast somewhat useful before posting but can never be 100% sure. Read these posts with a grain of salt and do further research before you consider following any guidance or information provided by these sources or anything on the internet. The internet is full of misconceptions, redirection, false information, unproven research, uneducated opinions, fake reports, news to influence, scammers, hackers and just flat out lies just for the fun of it. If you do not know that this by now you should turn off your computer and crawl under a rock.

MICHIGAN HOUSE BILL NO. 5709

May 4, 2020 | Blog, News

MICHIGAN HOUSE BILL NO. 5709

2020-04-30

House

Passed; Given Immediate Effect Roll Call # 192 Yeas 62 Nays 38 Excused 0 Not Voting 9

To revise the penalties in one of the two laws that authorize a governor to assume extraordinary powers during an emergency, including the statewide “lockdowns” ordered under the 2020 coronavirus epidemic. The current law makes violations “a misdemeanor,” and the bill would add a “civil infraction” provision and specify fines of either $250 for individuals, and up to $5,000 for businesses or other entities. This bill amends the state’s 1945 emergency declarations law; House Bill 5710 amends a 1976 law to make the same change.

A bill to amend 1976 PA 390, entitled

“Emergency management act,”

by amending section 5 (MCL 30.405), as amended by 2006 PA 545.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 5. (1) In addition to the general authority granted to the governor by this act, the governor may, upon the declaration of a state of disaster or a state of emergency, do 1 or more of the following:

(a) Suspend a regulatory statute, order, or rule prescribing the procedures for conduct of state business, when strict compliance with the statute, order, or rule would prevent, hinder, or delay necessary action in coping with the disaster or emergency. This power does not extend to the suspension of criminal process and procedures.

(b) Utilize the available resources of ~~the~~ this state and its political subdivisions, and those of the federal government made available to ~~the~~ this state, as are reasonably necessary to cope with the disaster or emergency.

(c) Transfer the direction, personnel, or functions of state departments, agencies, or units thereof for the purpose of performing or facilitating emergency management.

(d) Subject to appropriate compensation, as authorized by the legislature, commandeer or utilize private property necessary to cope with the disaster or emergency.

(e) Direct and compel the evacuation of all or part of the population from a stricken or threatened area within ~~the~~ this state if necessary for the preservation of life or other mitigation, response, or recovery activities.

(f) Prescribe routes, modes, and destination of transportation in connection with an evacuation.

(g) Control ingress and egress to and from a stricken or threatened area, removal of persons within the area, and the occupancy of premises within the area.

(h) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, explosives, and combustibles.

(i) Provide for the availability and use of temporary emergency housing.

(j) Direct all other actions which are necessary and appropriate under the circumstances.

(2) Subsection (1) does not authorize the seizure, taking, or confiscation of lawfully possessed firearms or ammunition.

(3) A person who willfully disobeys or interferes with the implementation of a rule, order, or directive issued by the governor ~~pursuant to~~ under this section is ~~guilty of a misdemeanor~~responsible for a state civil infraction even if that rule, order, or directive states that the violation constitutes a misdemeanor or state civil infraction. An individual who is responsible for a state civil infraction under this section may be ordered to pay a civil fine of not more than $100.00. A person other than an individual who is responsible for a state civil infraction under this section may be ordered to pay a civil fine of not more than $500.00.

Sponsor

Jason Sheppard (district 56)

Categories

State financing and management: other; State financing and management: authorities; Crimes: penalties;

State financing and management; other; penalties for violations of the emergency management act; modify. Amends sec. 5 of 1976 PA 390 (MCL 30.405).

History

(House actions in lowercase, Senate actions in UPPERCASE)

Date	Journal	Action
4/16/2020	HJ 32 Pg. 651	introduced by Representative Jason Sheppard
4/16/2020	HJ 32 Pg. 651	read a first time
4/16/2020	HJ 32 Pg. 651	referred to Committee on Government Operations
4/24/2020	HJ 33 Pg. 679	bill electronically reproduced 04/30/2020
4/30/2020	Expected in HJ 36	rule suspended
4/30/2020	Expected in HJ 36	motion to discharge committee approved
4/30/2020	Expected in HJ 36	placed on second reading
4/30/2020	HJ 36 Pg. 698	read a second time
4/30/2020	HJ 36 Pg. 698	amended
4/30/2020	HJ 36 Pg. 698	placed on third reading
4/30/2020	HJ 36 Pg. 698	placed on immediate passage
4/30/2020	Expected in HJ 36	read a third time
4/30/2020	Expected in HJ 36	passed; given immediate effect Roll Call # 192 Yeas 62 Nays 38 Excused 0 Not Voting 9
4/30/2020	Expected in HJ 36	transmitted

The Governor’s Power Under The Emergency Management Act

Michigan Gun Laws and CPL Requirements

Concealed Pistol License Requirements

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MICHIGAN HOUSE BILL NO. 5709

A bill to amend 1976 PA 390, entitled

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