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Michigan Concealed Pistol License Disqualifications 

A concealed pistol license, or CPL, is one way that legislation protects people’s constitutional right to bear arms, while simultaneously protecting non-gun owning individuals’ safety. However, gun rights are just that, rights. They can be taken away, in fact, individuals could even face Michigan CPL disqualifications if they meet certain criteria. If you want to know more, get in touch with a knowledgeable gun lawyer that can work tirelessly to protect your rights.

Conditions Under Which Someone Might Face Michigan CPL Disqualifications

An individual might find themselves facing Michigan CPL disqualifications for a number of reasons. For example, if an applicant is 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

Previous Criminal History

Someone may face Michigan CPL disqualifications as the result of a criminal history. For example, if someone is prohibited from possessing, using, transporting, selling, purchasing, carrying, shipping, receiving, or distributing a firearm under MCL § 750.224f. Or, if the applicant has been convicted of a felony in Michigan or elsewhere, and/or a felony charge against the applicant is pending in Michigan or elsewhere at the time they apply for a CPL.

Pursuant to MCL 28.426, one may not obtain a CPL if they are prohibited under federal law from possessing or transporting a firearm as determined through the federal National Instant Criminal Background Check System (NICS).

Or if the applicant has been convicted of certain misdemeanor violations in a designated time period preceding the date of the application and a charge for a misdemeanor violation is not pending against them in Michigan or elsewhere at the time, they apply for a CPL. Refer to the legal code for a full listing of specific misdemeanors and their associated time requirements.

Mental Illness

Mental illness can also render a person ineligible for a concealed pistol license. If the applicant has been found guilty of a crime but mentally ill and has not offered a plea of not guilty of or been acquitted of, any crime by reason of insanity, they are ineligible. Or if they currently have and have never previously been subject to an order of involuntary commitment in an inpatient or outpatient setting due to mental illness.

A mental illness diagnosis at the time the application is made that includes an assessment that they present a danger to self or others, regardless of whether they are receiving treatment for that illness, might restrict a person’s ability to carry a concealed pistol.  Or if the person is under a court order of legal incapacity in this state or elsewhere.

 

Delayed or Denied CPL Applications

The qualifying factor that probably delays the majority of CPL applications revolves around when a person fails to make a full disclosure of material facts. To qualify for a Michigan CPL, a person must not make any material misrepresentation, or fail to disclose any material fact in their CPL application. Failing to disclose is a serious matter and one that is likely to keep a person from possibly ever getting a CPL in the future.

According to MCL § 28.425b(3), intentionally making a material false statement on an application under subsection one makes a person guilty of a felony punishable by imprisonment for not more than four years or a fine of not more than $2,500 or both.

Most often, this statute is triggered when a person fails to disclose a criminal conviction of one nature or another. Many applicants forget about things that may have happened many years ago but which require disclosure in the application. And although the statute contains the word “knowingly,” any failure to disclose puts an applicant in potential criminal jeopardy.

Therefore, the best practice is: when in doubt, disclose! Otherwise, you may face unwanted delays or even a denial of your application. If you want to know more about Michigan CPL disqualifications, and how to protect your gun rights, consult an experienced gun attorney today.