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Concealed Pistol License Disqualifications
A concealed pistol license, or CPL, is a license that allows the holder to carry a pistol concealed on his person or within the passenger compartment of a motor vehicle. However, exceptions apply and you could have your Michigan CPL revoked or suspended, or be disqualified from ever obtaining a CPL, if you meet certain criteria or have committed certain acts. If you want to know more, get in touch with a knowledgeable gun lawyer that can answer your questions and if necessary work tirelessly to protect your second amendment rights.Conditions Under Which Someone Might Face Michigan CPL Ineligibility or Disqualification
An individual might find themselves ineligible for a CPL or face CPL disqualification for an existing CPL for a number of reasons. For example, if any of the following apply:
- You have been hospitalized for a mental health issue involuntarily or have been subject to involuntary alternative treatment.
- You have been deemed legally incapacitated.
- You have had a personal protection order issued against you.
- You are on bond and the Judge has ordered that you be prohibited from purchasing or possessing a firearm.
- You have been found not guilty by reason of insanity.
Yes, a criminal history of conviction can cause you to be either ineligible for a CPL or have an existing CPL disqualified. For example, if you have been convicted of a felony and/or a felony charge is pending against you in Michigan or elsewhere at the time they apply for a CPL, you may also be ineligible or have your CPL disqualified.
Additionally, pursuant to MCL 28.426, one may not obtain a CPL if they are prohibited under federal law from possessing or transporting a firearm as determined through the federal National Instant Criminal Background Check System (NICS).
Certain misdemeanor violations in a designated time period preceding the date of the application are also potentially problematic, and so is a charge for a misdemeanor violation pending against you in Michigan or elsewhere at the time you apply for a CPL. The Michigan statute contains a full listing of specific misdemeanors that may trigger such ineligibility. Also contained in the law are the associated time requirements.How Does Mental Illness Affect a Concealed Pistol License?
Mental illness can also render a person ineligible for a concealed pistol license. If the applicant has been found not guilty of any crime by reason of insanity, they are ineligible. The same is true if they are currently or have previously been subject to an order of involuntary commitment due to mental illness.
A mental illness diagnosis at the time the CPL application that a person presents a danger to self or others can also restrict a person's ability to carry a concealed pistol. Or if the person is under a court order of legal incapacity in this state or elsewhere.Delayed or Denied CPL Applications
The biggest cause of delay or denial of the CPL application is a failure to make a full disclosure of material facts. To qualify for a Michigan CPL, a person must not make any material misrepresentation, or fail to disclose any material fact in their CPL application.
Failing to disclose is a serious matter. According to MCL § 28.425b(3), intentionally making a material false statement on an application under subsection one makes a person guilty of a felony punishable by imprisonment for not more than four years or a fine of not more than $2,500 or both.
Most often, this statute is triggered when a person fails to disclose a criminal conviction. Forgetting is not an excuse! Although the statute contains the word "knowingly," any failure to disclose puts an applicant in potential criminal jeopardy, and being disqualified for this reason can be enough to keep a person from possibly ever getting a CPL in the future.
Therefore, the best practice is: when in doubt, disclose! Otherwise, you may face unwanted delays or even a denial of your application. If you want to know more about Michigan CPL disqualifications, and how to protect your gun rights, consult an experienced gun attorney today.