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Thread: (OT) CPL renewal question

  1. #1
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    (OT) CPL renewal question

    Sorry that this is not an OC question. But my Mom's CPL expires on August 11. She has her renewal application in hand.

    Does it matter if her renewal application is filed prior to August 11 or not?

    If she can beat the clock and get the renewal application down to the County Clerk's office tomorrow, will her CPL remain in effect or does she have to wait until the application is approved some weeks (or months) later?

    From the MI State Police website:

    An application is considered a renewal if the applicant has received a concealed pistol license under compliance of the training requirements set forth in the Act after July 1, 2001.
    The above seems to imply that the mere act of applying means that her CPL remains valid beyond the original expiration date, but then again maybe not.

    If anybody has the definite word on this, I'll pass it along to my mom.

    Thanks!

    P.S. She has already completed the required range time, self-study, etc requirements.

  2. #2
    Regular Member Bronson's Avatar
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    Quote Originally Posted by OC4me View Post
    If she can beat the clock and get the renewal application down to the County Clerk's office tomorrow, will her CPL remain in effect
    No.

    Quote Originally Posted by OC4me View Post
    or does she have to wait until the application is approved some weeks (or months) later?
    Yes.

    Quote Originally Posted by OC4me View Post
    From the MI State Police website:
    That is an interpretation of the law, not the actual law.

    Here is the law on renewal: 28.425l

    (1) A license to carry a concealed pistol issued on or after July 1, 2003 but before July 1, 2006 is valid for 5 years.

    (2) An initial license to carry a concealed pistol issued or renewed on or after July 1, 2006, other than a license described in subsection (1), is valid until the applicant's date of birth that falls not less than 4 years or more than 5 years after the license is issued or renewed, as applicable. Except as provided in subsections (8) and (9), a renewal of a license under section 5b shall, except as provided in this section, be issued in the same manner as an original license issued under section 5b.

    (3) Subject to subsections (8) and (9), an application to renew a license to carry a concealed pistol may be submitted not more than 6 months before the expiration of the current license. If the concealed weapon licensing board approves the renewal, the effective date of the renewal license is the date of expiration of the current license or the date of approval of the renewal, whichever is later, and the date of expiration is the applicant's date of birth which is not less than 4 years or more than 5 years from the effective date of the license.

    (4) The concealed weapon licensing board shall issue or deny issuance of a renewal license within 60 days after the application for renewal is properly submitted. The county clerk shall issue the applicant a receipt for his or her renewal application at the time the application is submitted. The receipt shall 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) A statement that the receipt is for a license renewal.

    (e) A statement of whether the applicant qualifies for an extension under subsection (5).

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

    (g) An impression of the county seal.

    (5) If the concealed weapon licensing board fails to deny or issue a renewal license to the person within 60 days as required under subsection (4), the expiration date of the current license is extended by 180 days or until the renewal license is issued, whichever occurs first. This subsection does not apply unless the person pays the renewal fee at the time the renewal application is submitted and the person has submitted a receipt from a police agency that confirms that a background check has been requested by the applicant.

    (6) A person carrying a concealed pistol after the expiration date of his or her license pursuant to an extension under subsection (5) shall keep the receipt issued by the county clerk under subsection (4) and his or her expired license in his or her possession at all times that he or she is carrying the pistol. For the purposes of this act, the receipt is considered to be part of the license to carry a concealed pistol until a renewal license is issued or denied. Failing to have the receipt and expired license in possession while carrying a concealed pistol or failing to display the receipt to a peace officer upon request is a violation of this act.

    (7) The educational requirements under section 5b(7)(c) are waived for an applicant who is a retired police officer or retired law enforcement officer.

    (8) The educational requirements under section 5b(7)(c) for an applicant who is applying for a renewal of a license under this act are waived except that the applicant shall certify that he or she has completed at least 3 hours' review of the training described under section 5b(7)(c) and has had at least 1 hour of firing range time in the 6 months immediately preceding the subsequent application.

    (9) Beginning January 1, 2007, an applicant who is applying for a renewal of a license issued under section 5b is not required to have fingerprints taken again under section 5b(9) if all of the following conditions have been met:

    (a) There has been established a system for the department of state police to save and maintain in its automated fingerprint identification system (AFIS) database all fingerprints that are submitted to the department of state police under section 5b.

    (b) The applicant's fingerprints have been submitted to and maintained by the department of state police as described in subdivision (a) for ongoing comparison with the automated fingerprint identification system (AFIS) database.
    The gunboard has up to 60 days to issue a renewal license. If after 60 days they haven't issued one she can carry on her old, expired, CPL IF she also carries the receipt from the County Clerk showing that she has paid for the renewal CPL AND the reciept contains ALL of the required elements.

    This is why it is often recommended to renew 60 days before your exp. date so that if the gunboard takes longer than that the person would be able to carry on their old CPL+receipt.

    Bronson
    Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. Thomas Paine

  3. #3
    Regular Member TheQ's Avatar
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    You should apply 6 months-60 days in advance. If you apply 60 days in advance and they do not timely renew, your old CPL and receipt act as an extension. If you did not file 60 days in advance you're SOL

  4. #4
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    Quote Originally Posted by TheQ View Post
    You should apply 6 months-60 days in advance. If you apply 60 days in advance and they do not timely renew, your old CPL and receipt act as an extension. If you did not file 60 days in advance you're SOL
    Thanks guys!

    My mom should have known better, but for some strange reason she had it in her head that the expiration was in October.

    I'll give her the bad news.

  5. #5
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    I don't think it was an OT thread, since we need a CPL to even posess a gun in arguably most of the places that people go in the state.

  6. #6
    Michigan Moderator DrTodd's Avatar
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    In your mom's defense, many people seem to think that their CPL expires 5 years from the time they applied; I bet she submitted the application in October. Since they don't send a renewal notice like they do with a driver's license, it is easy to forget.

  7. #7
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    Quote Originally Posted by stainless1911 View Post
    I don't think it was an OT thread, since we need a CPL to even posess a gun in arguably most of the places that people go in the state.
    Indeed...that's why it reeeeally sucks to lose your CPL or not qualify for one.

  8. #8
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    Personally, I have proof of permission to carry in all the 234d zones that I frequent, this RxR i went through, only affects me in transport mode.

    My out of state CWP should be in the mail shortly, that will cover most places in case I want to go elsewhere.
    Last edited by stainless1911; 08-09-2012 at 09:48 PM.

  9. #9
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    Quote Originally Posted by stainless1911 View Post
    Personally, I have proof of permission to carry in all the 234d zones that I frequent, this RxR i went through, only affects me in transport mode.
    The complete prohibition on self-defense carry while traveling (CPL-holders excepted) is hopefully going to be ripe soon for a Constitutional challenge (maybe already is under the MI Constitution alone) for the 'right' plaintiff. Sorry Stainless that may not be you.....I'm thinking a Vermont or Illinois resident, even an American expatriate residing in Canada who frequents Michigan (for less than 6 months of the year) and who thus faces a complete ban on self-defense car carry.

    The Heller decision basically held that a 'complete' prohibition (i.e. on possessing a functional firearm available for immediate use in the home) did not pass any level of scrutiny. Likewise a complete ban on possessing a functional firearm available for immediate use in a vehicle should not pass any level of scrutiny (at least as applied to non-resident U.S. citizens who are unable to obtain a CPL in their home-jurisdiction). Such a precedent may help the rest of us mount follow-up litigation, i.e. challenge the existing complete vehicle self-defense ban for up to 60 days without CPL).

    Just a thought!
    Last edited by OC4me; 08-10-2012 at 01:42 PM.

  10. #10
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    Can't wait.

    I think you're on to something here.

  11. #11
    Michigan Moderator DrTodd's Avatar
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    Quote Originally Posted by OC4me View Post
    The complete prohibition on self-defense carry while traveling (CPL-holders excepted) is hopefully going to be ripe soon for a Constitutional challenge (maybe already is under the MI Constitution alone) for the 'right' plaintiff. Sorry Stainless that may not be you.....I'm thinking a Vermont or Illinois resident, even an American expatriate residing in Canada who frequents Michigan (for less than 6 months of the year) and who thus faces a complete ban on self-defense car carry.

    The Heller decision basically held that a 'complete' prohibition (i.e. on possessing a functional firearm available for immediate use in the home) did not pass any level of scrutiny. Likewise a complete ban on possessing a functional firearm available for immediate use in a vehicle should not pass any level of scrutiny (at least to as applied to non-resident U.S. citizens who are unable to obtain a CPL in their home-jurisdiction). Such a precedent may help the rest of us mount follow-up litigation, i.e. challenge the existing complete vehicle self-defense ban for up to 60 days without CPL).

    Just a thought!
    Some states have held just that.
    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer I am not a lawyer! Please do not consider anything you read from me to be legal advice.

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