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Reapplying for a CPL After Revocation or Suspension
In many cases you will be unable to reapply from a CPL denial. However, there are two exceptions to that could lead to a successful reapplication. If the county clerk suspends your CPL after they learn that you have been charged with certain felonies or misdemeanors, and you are later acquitted of the charge, then your CPL will be returned for the balance of the license period. In this case, provided the clerk acts according to law, you will not need to do anything further.
The same is true if your CPL is suspended based on a court order for mental health, protected persons, or a personal protection order. Once that order ends, your CPL will be returned, again for the balance of the license period. Do not depend on the court to send notice. It will be up to you to notify the County Clerk of this favorable outcome.What is the Procedure for Revocation or Suspension of a CPL?
MCL § 28.428 provides that the county clerk in the county in which a CPL was issued has the authority to suspend, revoke, or reinstate your CPL as required by law. This phrase “required by law” generally means that the county clerk has received notice of a change in your eligibility, such as might occur when ordered by a court or otherwise that something has happened that has changed your eligibility to carry a concealed pistol.
If this happens, the county clerk will immediately suspend your CPL. You will receive notice of this in the form of a letter sent by first-class mail in a sealed envelope. Such notice will be sent to the address on file with your CPL.What are the Notice Requirements for CPL Revocation?
The letter you receive will contain an explanation for the legal basis of the suspension. It should also include reference to the source of any records the county clerk claims in support of the suspension, as well as an indication as to the length of the suspension. Finally, the letter will include information about how to go about reinstating the license on the expiration of the suspension, how to correct errors and how to appeal the suspension.Appeals Process for CPL after Revocation or Suspension
If you think your CPL was wrongfully suspended or revoked, then you may appeal that determination to the circuit court. Appellate relief is based on the court’s review of the record for error. If the circuit court determines the denial, suspension, or revocation was clearly erroneous, then the court shall order the county clerk to issue a CPL as required by Michigan law.Understanding Role of the Opposing Party's Fees
The circuit court judge will also review the case to determine if the county clerk's determination denying or revoking your CPL was "arbitrary and capricious." This is a very high standard and requires quite a high degree of negligence. However, if the court does so find, then they are obligated to order the county to reimburse you for actual costs and actual attorney fees. This works both ways however, because if the court determines that your appeal was frivolous, meaning it lacks arguable legal merit, then you will have to pay the attorney fees for the county. Loser pays is rare in our justice system and this is something that should be discussed with your Michigan firearms lawyer before making the decision to appeal.