Posted: 1/12/2014 5:33:28 PM EDT
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I stopped by the Ottawa County Clerk's office to pick up my renewal packet the other day, and as I was going through it, I came to their "Background Check" form (since they don't do fingerprints for renewals).
On this form they're asking for things like Tattoos/Scars, and places I've lived outside of the county for the last 8 YEARS. I don't remember these questions, or anything like them, being part of my original CPL application (though that was 4 years ago now so I don't remember exactly). The tattoos/scars question in particular makes me feel like they think I'm a criminal. I understand running a background check, but these questions seem a bit over-reaching IMHO. Has anyone else run into these questions on a background check authorization form (Ottawa County or elsewhere)? This is my first renewal, but IIRC, the renewal process is supposed to be exactly like the initial process, except for the class and the fingerprints, and this doesn't seem to be in-line with that premise. 
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OP, let's review some laws.
MCL 28.425 28.425 Concealed pistol application kits.
Sec. 5. (1) County sheriffs, local police agencies, and county clerks shall provide concealed pistol application kits during normal business hours and free of charge to individuals who wish to apply for licenses to carry concealed pistols. Each kit shall only contain all of the following: (a) A concealed pistol license application form provided by the director of the department of state police. (b) The fingerprint cards required under section 5b(11). (c) Written information regarding the procedures involved in obtaining a license to carry a concealed pistol, including information regarding the right to appeal the denial of a license and the form required for that appeal. (d) Written information identifying entities that offer the training required under section 5b(7)(c). (2) A county sheriff, local police agency, or county clerk shall not deny an individual the right to receive a concealed pistol application kit under this section. (3) An individual who is denied an application kit under this section and obtains an order of mandamus directing the concealed weapon licensing board to provide him or her with the application kit shall be awarded his or her actual and reasonable costs and attorney fees for obtaining the order. (4) The department of state police shall provide the application kits required under this section to county sheriffs, local law enforcement agencies, and county clerks in sufficient quantities to meet demand. The department of state police shall not charge a fee for the kits. Concealed Pistol License Application Kit MCL 28.425a 28.425a Concealed weapon licensing board; membership; quorum; voting; clerk; authority and duties; panel; investigation of license applicant; temporary license; compilation of firearms laws by legislative service bureau; distribution; statement.
Sec. 5a. (7) The concealed weapon licensing board may investigate the applicant for a license to carry a concealed pistol. The investigation shall be restricted to determining only whether the applicant is eligible under this act to receive a license to carry a concealed pistol, and the investigation regarding the issuance of a license shall end after that determination is made. The concealed weapon licensing board may require the applicant to appear before the board at a mutually agreed-upon time for a conference. The applicant's failure or refusal to appear without valid reason before the concealed weapon licensing board as provided in this subsection is grounds for the board to deny issuance of a license to carry a concealed pistol to that applicant. Based on those two laws, I don't see how the Ottawa County Clerk's office can legally require the information they are asking for. The renewal process is EXACTLY the same as the initial application; it even uses the same form. There is no "Background Check" form in the official Michigan State Police Concealed Pistol License Application Kit. To me, it sounds like Ottawa County has no clue what they are doing. I'd contact the MSP with regards to this. |
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Quoted:
Based on those two laws, I don't see how the Ottawa County Clerk's office can legally require the information they are asking for. The renewal process is EXACTLY the same as the initial application; it even uses the same form. There is no "Background Check" form in the official Michigan State Police Concealed Pistol License Application Kit. To me, it sounds like Ottawa County has no clue what they are doing. I'd contact the MSP with regards to this. The attendant at the Clerk's office said that the ADDITIONAL form was for them to run a background check in lieu of being fingerprinted again. As I was reading in your link: Concealed Pistol License Application Kit (Page 5 of 10) Concealed Pistol License Renewal Information: 7. An application is considered a renewal if the applicant has received a Concealed Pistol License in compliance with the training requirements set forth in Michigan law effective July 1, 2001. A Concealed Pistol License is renewed in the same manner as the original Concealed Pistol License, which may include fingerprints. For more information about the application process, refer to the Application Process section within this document. 8. An applicant applying for a renewal is not required to have fingerprints taken again if the applicant's fingerprints have been submitted to and are maintained by the Michigan State Police. Fingerprints have been maintained by the Michigan State Police since January 1, 2006. If fingerprints were submitted prior to January 1, 2006, the applicant applying for renewal must have fingerprints taken and submitted to the Michigan State Police. For renewal applicants that do qualify, the county clerk will provide further instructions. I'm wondering if this form is the "further instructions" as I am still filling out the same form from the MSP that comes with the CPL package. |
| If you have your prints on file with the livescan system, you do not need to fill out additional paperwork for the background check. They still have your prints available to run again. Before the livescan system was implemented, they had to send a physical card in. Now, it is basically pulled up from a data terminal. |