A Michigan resident that holds a concealed pistol license (“CPL”) has a number of responsibilities under the law that must be followed to keep that license in good standing. One of these responsibilities is making a disclosure to police officers under certain circumstances that you possess both a CPL and a concealed weapon on your person. Failure to do so can result in fines and the suspension of your CPL privileges.
Generally, “[a]n individual who is licensed to carry a concealed pistol shall have his or her license to carry that pistol and his or her state-issued driver license or personal identification card in his or her possession at all times he or she is carrying a concealed pistol or a portable device that uses electro-muscular disruption technology.” MCL 28.425f(1). In addition, “[a]n individual who is licensed 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:”
- “His or her license to carry a concealed pistol.” MCL 28.425f(2)(a).
- “His or her state-issued driver license or personal identification card.” MCL 28.425f(2)(b).
A person who violates these above-mentioned provisions is responsible for a state civil infraction and shall be fined $100.00. MCL 28.425f(4).
The law also imposes a duty to make a mandatory disclosure when stopped by law enforcement. “An individual licensed under [Michigan law] 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 or she is carrying a pistol or a portable device that uses electro-muscular disruption technology concealed upon his or her person or in his or her vehicle.” MCL 28.425f(3). There are a number of considerations to keep in mind to comply with this responsibility:
- ONLY APPLICABLE TO MICHIGAN CPL HOLDERS – The duty to disclose applies only to Michigan CPL holders, not those whose CPL originates out of state.
- MUST BE CARRYING A CONCEALED WEAPON – The duty to disclose only applies if you are actually carrying a concealed weapon. If you are unarmed or the pistol is not concealed, then the rule does not apply.
- MUST BE LAWFULLY STOPPED BY A POLICE OFFICER – The duty to disclose applies if you have been stopped by a police officer at a traffic stop or a brief detention during a Terry stop-and-frisk. A casual or consensual encounter with a police officer does not trigger this rule.
- MUST DISCLOSE THAT YOU HAVE A WEAPON, NOT A CPL – The duty to disclose requires you to state you have a weapon, not a CPL. Merely handing the police officer your CPL during the stop without mentioning the concealed weapon does not comply with the statute and will result in a violation.
- MUST DISCLOSE WEAPONS IN VEHICLE, NOT JUST ON PERSON – The duty to disclose applies to pistols in your vehicle at a traffic stop as well as those on your person. You must disclose the pistol even if the pistol is unloaded, is not in the passenger compartment of the vehicle, and even if it is locked in a container.
A Michigan CPL holder who fails to disclose a concealed weapon when stopped by police is responsible for a state civil infraction that is punishable as follows:
- “For a first offense, by a fine of $500.00 and by the individual’s license to carry a concealed pistol being suspended for 6 months.” MCL 28.425f(5)(a).
- “For a subsequent offense within 3 years of a prior offense, by a fine of $1,000.00 and by the individual’s license to carry a concealed pistol being revoked.” MCL 28.425f(5)(b).
- A pistol or portable device that uses electro-muscular disruption technology carried in violation of this law is subject to immediate seizure by a peace officer. 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:
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- “The individual has his or her state-issued driver license or personal identification card in his or her possession when the violation occurs.” MCL 28.425f(7)(a).
- “The peace officer verifies through the law enforcement information network that the individual is licensed to carry a concealed pistol.” MCL 28.425f(7)(b).
A concealed pistol license in Michigan is a privilege, not a right, so a person who does not fulfill their legal responsibilities under the law will lose that privilege. If you are unsure what the rules are, you should speak to a knowledgeable lawyer to ensure you are getting the most accurate advice.
If you or a loved one are accused of any crime and need legal representation, then do not hesitate to contact the experienced attorneys at Kershaw, Vititoe & Jedinak PLC for assistance today.
