§ 22-169. Concealed pistols.

(a)

An individual who is licensed under Public Act No. 372 of 1927 to carry a concealed pistol shall have his license to carry that pistol and his state-issued driver license or personal identification card in his possession at all times he is carrying a concealed pistol or a portable device that uses electro-muscular disruption technology.

(b)

An individual who is licensed under Public Act No. 372 of 1927 to carry a concealed pistol and who is carrying a concealed pistol or a portable device that uses electro-muscular disruption technology, shall show both of the following to a peace officer upon request by that peace officer:

(1)

His license to carry a concealed pistol.

(2)

His state-issued driver license or personal identification card.

(c)

An individual licensed under Public Act No. 372 of 1927 to carry a concealed pistol and who is carrying a concealed pistol or a portable device that uses electro-muscular disruption technology and who is stopped by a peace officer shall immediately disclose to the peace officer that he is carrying a pistol or a portable device that uses electro-muscular disruption technology concealed upon his person or in his vehicle.

(d)

An individual who violates subsection (a) or (b) of this section is responsible for a civil infraction and may be fined not more than $100.00.

(e)

An individual who violates subsection (c) of this section is responsible for a civil infraction and may be fined as for a first offense, by a fine of not more than $500.00 and by the individual's license to carry a concealed pistol being suspended for six months.

(f)

If an individual is found responsible for a civil infraction under this section, the peace officer shall notify the department of state police of that civil infraction. The department of state police shall notify the county clerk who issued the license, who shall suspend or revoke that license. The county clerk shall send notice by first-class mail of that suspension or revocation to the individual's last known address as indicated in the records of the county clerk. The department of state police shall immediately enter that suspension or revocation into the law enforcement information network.

(g)

A pistol or portable device that uses electro-muscular disruption technology carried in violation of this section is subject to immediate seizure by a peace officer. If a peace officer seizes a pistol or portable device that uses electro-muscular disruption technology under this subsection, the individual has 45 days in which to display his documentation to an authorized employee of the law enforcement entity that employs the peace officer. If the individual displays his license or documentation to an authorized employee of the law enforcement entity that employs the peace officer within the 45-day period, the authorized employee of that law enforcement entity shall return the pistol or portable device that uses electro-muscular disruption technology to the individual unless the individual is prohibited by law from possessing a firearm or portable device that uses electro-muscular disruption technology. If the individual does not display his license or documentation before the expiration of the 45-day period, the pistol or portable device that uses electro-muscular disruption technology is subject to forfeiture as provided in section 5g of Public Act No. 372 of 1927 (MCL 28.425g). A pistol or portable device that uses electro-muscular disruption technology is not subject to immediate seizure under this subsection if both of the following circumstances exist:

(1)

The individual has his state-issued driver license or state personal identification card in his possession when the violation occurs.

(2)

The peace officer verifies through the law enforcement information network that the individual is licensed under Public Act No. 372 of 1927 to carry a concealed pistol.

(h)

The provisions of section 5b of Public Act No. 372 of 1927 (MCL 28.425b), which delineate the licensure procedure for a permit to be allowed to carry a concealed pistol, shall not apply to any of the following:

(1)

A peace officer of a duly authorized police agency of the United States or of this state or a political subdivision of this state, who is regularly employed and paid by the United States or this state or a subdivision of this state, except a township constable.

(2)

A constable who is trained and certified under the Commission on Law Enforcement Standards Act (MCL 28.601 et seq.) while engaged in his official duties or going to or coming from his official duties, and who is regularly employed and paid by a political subdivision of this state.

(3)

A person regularly employed by the department of corrections and authorized in writing by the director of the department of corrections to carry a concealed pistol during the performance of his duties or while going to or returning from his duties.

(4)

A member of the United States Army, Air Force, Navy, or Marine Corps while carrying a concealed pistol in the line of duty.

(5)

A member of the national guard, armed forces reserves, or other duly authorized military organization while on duty or drill or while going to or returning from his place of assembly or practice or while carrying a concealed pistol for purposes of that military organization.

(6)

A resident of another state who is licensed by that state to carry a concealed pistol.

(7)

The regular and ordinary transportation of a pistol as merchandise by an authorized agent of a person licensed to manufacture firearms.

(8)

A person while carrying a pistol unloaded in a wrapper or container in the trunk of his vehicle or, if the vehicle does not have a trunk, from transporting that pistol unloaded in a locked compartment or container that is separated from the ammunition for that pistol from the place of purchase to his home or place of business or to a place of repair or back to his home or place of business, or in moving goods from one place of abode or business to another place of abode or business.

(Code 1977, § 15-187; Ord. No. 284, 11-26-2001; Ord. No. 381, 10-26-2015)

State law reference

Concealed pistol licenses, MCL 28.421 et seq.