Results 1 to 4 of 4

Thread: What Address is notified upon CPL suspension/revokation?

  1. #1
    Regular Member TheQ's Avatar
    Join Date
    Aug 2010
    Location
    Lansing, Michigan
    Posts
    3,448

    What Address is notified upon CPL suspension/revokation?

    A case that has come up recently lead me to research this question:

    When someone has a CPL and it gets suspended/revoked, for whatever reason, where does the County Clerk get the address to notify the licensee? What address is the notification sent to?

    A few places come to mind as common sense answers:

    • SoS Driver License/State ID DB
    • CPL Application


    In the case of the latter, that address could be 4-5 years old. As such, it may be no longer valid. The post office will only forward mail for up to one year.

    In the case at hand, the person has a CPL that officers (after apparently giving him a hard time during a stop) notified him was suspended/revoked. The licensee claims to have never received notification. A few items within the realm of possibilities for this come to mind:

    • The license was revoked and notification was sent to the wrong/old address
    • The person received notification and lost it/never read it/forgot about it
    • The person is just lying to us
    • The cops were lying about the CPL Status


    I haven't been able to ascertain many facts yet....I'm just musing and wondering how this could be.
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

  2. #2
    Regular Member
    Join Date
    Apr 2009
    Location
    Levittown, Pennsylvania, USA
    Posts
    771
    Which is why even if it's not statutorily required, it is best to notify the permit issuer of any change of address. Not receiving a revocation notice does not void the notice.
    States donít have rights. People do.

  3. #3
    Banned
    Join Date
    Dec 2009
    Location
    Davisburg, Michigan, United States
    Posts
    8,948
    IANAL

    I think it's like a PPO or other "served" papers, if you dont have notification, they wont be able to convict you.

  4. #4
    Michigan Moderator DrTodd's Avatar
    Join Date
    Jun 2008
    Location
    Hudsonville , Michigan, USA
    Posts
    3,337
    Michigan does not put a CPL holder's address on the License; only the county of issuance. If a person moved the day after receiving a CPL, who are you going to notify: the board who issued the permit? The board in the county in which your new residence is located? Both? The CPL law states, though, that any revocation will be sent to the last known address that the issuing board has in their records:
    28.428 Revocation of licenses; grounds; hearing; suspension; order; notice.
    Sec. 8.
    (4) The concealed weapon licensing board that issued a license to an individual to carry a concealed pistol shall revoke that license if the board determines that the individual is not eligible under this act to receive a license to carry a concealed pistol. The concealed weapon licensing board shall immediately send notice of the fact of and the reason for the revocation under this subsection by first-class mail to the individual's last known address as indicated on the records of the concealed weapon licensing board. The requirements of subsection (2) do not apply to this subsection.


    However, the CPL law states that:

    28.428 Revocation of licenses; grounds; hearing; suspension; order; notice.
    Sec. 8.
    (7) A suspension or revocation order or amended order issued under this section is immediately effective. However, an individual is not criminally liable for violating the order or amended order unless he or she has received notice of the order or amended order.
    (8) If an individual is carrying a pistol in violation of a suspension or revocation order or amended order issued under this section but has not previously received notice of the order or amended order, the individual shall 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.
    (9) If a law enforcement agency or officer notifies an individual of a suspension or revocation order or amended order issued under this section who has not previously received notice of the order or amended order, the law enforcement agency or officer shall enter a statement into the law enforcement information network that the individual has received notice of the order or amended order under this section.
    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 Ė I am not a lawyer! Please do not consider anything you read from me to be legal advice.

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •