Criminal Defense Law Center
West Michigan

Michigan CPL Disqualifications

The second amendment of the United States Constitution protects our God given right to own a firearm. A concealed pistol license, also known as CPL, is a way the Michigan legislature protects people’s second amendment right to carry arms. Gun rights are like a lot of other rights: these rights are routinely taken away by the government. In Michigan, there are certain disqualifications take away a person’s right carry a firearm.  In this article, we are going to discuss the requirements to get a concealed carry permit and what how to make sure you keep your right to carry a CPL.

Requirements For A CPL

According to the Michigan State Police Department the State Requirements to get a CPL are:

  1. The Applicant has to be 21 years old
  2. The applicant must be an alien lawfully admitted into the United States or a citizen of the United States
  3. Be legally residing in Michigan and must have resided in Michigan for the previous six months prior to the application. A person is a legal resident of Michigan if:
  • The applicant has a lawfully obtained Michigan driver’s license or official Michigan identification card.
  • The applicant is allowed to vote in Michigan.
  • The applicant is on duty status in the United States Military and is not stationed in Michigan, but lists Michigan as his official place of residence.
  • The applicant is on duty status with the United States military and is permanently working in Michigan, but lists his permanent residence in another state.

The county clerk shall waive the six-month residency requirement if:

  • The applicant is a petitioner for a personal protection order issued under MCL 600.2950 or MCL 600.2950a.
  • When the county sheriff determines that there is clear and convincing evidence to believe a person or his family is in danger and that by not allowing the person to get a CPL immediately will endanger the applicant and the applicant’s family.
  1. Have knowledge and the training required to safely handle a pistol by successfully completing a CPL safety class.

Michigan CPL Disqualifications: What Conditions Can Disqualify Someone?

 

Michigan law is very clear about what stops a person from getting approved for a CPL. A person can be disqualified from having a CPL license for the following reasons:

  1. Hospitalizations that are not involuntary.
  2. A person that is legally incapacitated.
  3. Has a personal protection order against them
  4. Has a condition of Bond or release that prohibits the possession of a firearm.
  5. A finding of not guilty by reason of insanity.

 

Can A Person Have A Previous Criminal History And Get A CPL?

There are a lot of criminal convictions that will keep a person from possessing a CPL. For example, a person who has been convicted of a felony in Michigan may not be issued a CPL license. A person who has been convicted of a felony in another state may not possess a CPL. A person who has an active felony case going against them may not be issued a CPL. An individual may not also obtain a CPL if they are prohibited under federal law from transporting or possessing a firearm by the National Instant Criminal Background Check System, (NICS)

Certain misdemeanor convictions also keep certain applicants from getting a CPL. Here is a list of some misdemeanor convictions that keep you from getting a CPL for eight years!

Accosting, enticing, or soliciting a child for immoral purposes. MCL 750.145a

Aggravated assault or domestic assault aggravated. MCL 750.81a

Domestic assault. MCL 750.81

Brandishing a firearm in public. MCL 750.234e

Breaking and entering or entering without breaking. MCL 750.115

Careless, reckless, or negligent use of a firearm resulting in property damage. MCL 752.862

Displaying sexually explicit matter to minors. MCL 722.677

Drunk driving, commercial vehicle. MCL 257.625m(4)

Failure to register the purchase of a firearm or a firearm component. MCL 750.232

Fourth-degree child abuse. MCL 750.136b

Fourth-degree criminal sexual conduct. MCL 750.520e

Hindering, obstructing, assaulting, or committing bodily injury upon director or authorized representative. MCL 290.650

Illegal sale of a firearm or ammunition. MCL 750.223

Improperly obtaining a pistol, making a false statement on an application to purchase a pistol, or using false identification to purchase a pistol. MCL 750.232a

Indecent exposure. MCL 750.335a

Intentionally aiming a firearm without malice. MCL 750.233

Intentionally discharging a firearm aimed without malice causing injury. MCL 750.235

Intentionally discharging a firearm aimed without malice. MCL 750.234

Operating while intoxicated, second offense. MCL 257.625(9)

Parent of a minor who possessed a firearm in a weapon-free school zoneMCL 750.235a

Possessing a controlled substance, controlled substance analogue, or prescription form. MCL 333.7403.

Possessing a firearm on prohibited premises. MCL 750.234d

Possessing a firearm while under the influence of intoxicating liquor or a drug. MCL 750.237

Possession of a firearm by an individual less than 18 years of age. MCL 750.234f

Reckless, careless, or negligent use of a firearm resulting in injury or death. MCL 752.861

Reckless discharge of a firearm. MCL 752.863a

Solicitation to commit a felony. MCL 750.157b

Stalking. MCL 750.411h

Vulnerable adult abuse. MCL 750.145n

Weapon-free school zone violation. MCL 750.237a

These Misdemeanor Charges will result in a 3-year suspension of getting a CPL license.

Disorderly person. MCL 750.167

Controlled substances. MCL 333.7401 to 333.7461

Embezzlement. MCL 750.174

False pretenses with intent to defraud. MCL 750.218

Ignition interlock device reporting violation. MCL 257.625k

Larceny. MCL 750.356

Malicious destruction of property. MCL 750.377a

Malicious destruction of real property. MCL 750.380

Malicious use of telephones. MCL 750.540e

Operating while visibly impaired/intoxicated. MCL 257.625

Receiving stolen property. MCL 750.535

Refusal of commercial vehicle operator to submit to a chemical test. MCL 257.625a

Second-degree retail fraud. MCL 750.356d

Does Mental Illness Keep A Person From Getting A Conceal Pistol License?

A question we get asked a lot is, “does a mental inless automatically equal a Michigan CPL disqualification. 

A person can definitely be denied a CPL because of mental illness. A person who has been found guilty of a crime but mentally ill will not be allowed a CPL. A person who has been found guilty but mentally insane is ineligible.

A person may not be given a CPL if at the time of their application there is an assessment that they present a danger to others or themselves. A person may not be issued a CPL if they are under a court order of incapacity in Michigan or any other state.

Denied Or Delayed CPL Applications

In many cases a person’s CPL application is delayed because there has been a failure to fully disclose material facts. A person is not allowed to get a CPL if they have made a material misrepresentation of facts.  MCL 28.425b(3) makes it a felony to knowingly make a false statement on an application for a CPL. A person convicted for making a false statement on their CPL application is facing up to four years in prison and a $2,500 dollar fine.

The best advice we give our clients when they are applying for a CPL is when in doubt, disclose! The failure of a person to disclose their previous criminal convictions is a major reason why people get charged for violating MCL 28.425b(3). The statue contains the word knowingly in it, but that doesn’t stop many prosecutors from prosecuting someone criminally.

If you are facing criminal charges for failure to disclose or have any questions related to your CPL, please call us today at 616-438-6719! The call is free. Will you be? Don’t wait, call now!

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