helps people win back their lives
CPL Suspension or Revocation
It is important to understand the difference between a suspension and a revocation of a person's CPL. A suspension is only temporary and a person's license may be reinstated without the necessity of submitting a new application for a CPL. This means that a person will not have to go through the rigors of the application process nor the classroom requirements again in order to regain their CPL.
On the other hand, a revocation means that the Michigan DPS has decided that a person's CPL shall be terminated, and in order for the person to ultimately regain the CPL, they must reapply from step one by attending a CPL class and submitting the application with the applicable fees. If you want to know more about Michigan CPL suspension or revocation, and what you can do to protect your rights, contact a seasoned gun lawyer that can help.When Can a CPL be Suspended or Revoked?
The best way to think about a CPL is to recognize that it is a privilege and not a right. Accordingly, like a driver's license, there are many reasons for a potential Michigan CPL suspension or revocation.
Depending on the circumstances, a criminal conviction can result in one's license being either suspended or revoked. The most common factors leading to a suspension or revocation are as follows.Intoxicated Driving-Related Reasons to Get a CPL Suspended or Revoked
- A person is charged with operating a car, RV, boat, airplane, snowmobile, etc., while intoxicated or impaired and has their weapon with them at the time of the offense. Under these circumstances, their CPL will either be suspended or revoked depending on the amount of alcohol in their body (BAC) at the time of the test
- A person is not operating a motor vehicle and refuses to take a breath test. To make sure that they are not under the influence, the police can ask the person to provide a sample of their breath, blood, or urine. A failure to do so is itself a crime but will also lead to an automatic six-month suspension of their CPL
- A person is convicted of intoxicated driving but does not have their gun with them. If they are arrested for intoxicated driving, they may anticipate that they will be required to immediately relinquish their CPL to the County Clerk
- The suspension will continue until the disposition of the case and will depend on the resolution of the case. It is likely, however, that the person would not be eligible for renewal of the CPL for a minimum of three years after being convicted of intoxicated driving
- A person carries a pistol into a pistol-free zone. One may not carry a weapon into a courthouse, hospital, casino, et cetera. If one is found on any of the prohibited premises with a concealed pistol (as a first offender), the court will order that the county gun board suspend CPL privileges for six months.
- A person fails to disclose their CPL – According to MCL § 28.425f(3), if someone is carrying a concealed pistol and is stopped by a peace officer, they "shall immediately disclose to the peace officer that you are carrying a pistol concealed upon his or her person or in his or her vehicle." Remember that guns in cars are always considered concealed.
- A person receives three civil infractions – some minor violations of Michigan's firearms laws are considered civil infractions and carry with them no suspension or revocation. An example of this is when a person is not driving and a police officer asks for their ID and CPL and they refuse.
- A person has a felony or misdemeanor charge pending – According to MCL § 28.428(2), if a county clerk is notified by a law enforcement agency, prosecuting official, or court that someone is charged with a felony or misdemeanor (as defined in this act), then the county clerk shall immediately suspend their CPL until there is a final disposition of the charge for that offense.
If the individual is convicted, then the CPL will be suspended for three to eight years depending on the nature of the offense or may be revoked altogether.No Longer Meeting CPL Requirements
Lastly, someone might face Michigan CPL suspension or revocation if they no longer meet the requirements to obtain a CPL. It is helpful to think of all the requirements for obtaining a CPL as continuing requirements. Thus, if someone was not the subject of an order or disposition under Michigan's mental health code when they applied but later becomes subject to one, their CPL will be revoked.