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Reapplying for a CPL After Revocation or Suspension
There are two exceptions to CPL applications that could lead to reapplying for a Michigan CPL after revocation or suspension. Speak with a distinguished firearm attorney about how to proceed with your case following an application denial.
If the county clerk suspends your CPL after they learn that you have been charged with certain felonies or misdemeanors, and are later acquitted of the charge, then your CPL will be returned for the balance of the license period.
The same is true if your CPL is suspended based on a court order for mental health, protected persons, or a personal protection order, then once that order ends, your CPL will be returned, again for the balance of the license period.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 to an individual shall suspend, revoke, or reinstate the CPL as required by law, if ordered by a court or if the county clerk is notified of a change in the licensee's eligibility to carry a concealed pistol under this act.
If this happens, the county clerk will immediately suspend the individual's CPL and is required to send notice by first-class mail in a sealed envelope of the suspension to the individual's last known address as indicated in the records of the county clerk.What are the Notice Requirements for CPL Revocation?
The notice must include the statutory reason for the suspension, the source of the record supporting that suspension, the length of the suspension, and who to contact for reinstating the license on the expiration of the suspension, correcting errors in the record, or appealing the suspension.Understanding the Role of the County Clerk
If the county clerk issues a notice of statutory disqualification, the county clerk must within five business days do all of the following:
- Inform the applicant in writing of the reasons for the disqualification that includes a statement of each statutory disqualification identified, the source record for each statutory disqualification identified, and the contact information for the source of the record for each statutory disqualification identified.
- Inform the applicant that he or she should contact the source of the record for any statutory disqualification to correct any errors in the record resulting in the statutory disqualification.
- Inform the applicant in writing of his or her right to appeal the notice of statutory disqualification to their circuit court of jurisdiction.
Should someone receive the above information from the county clerk, they should speak with a lawyer about reapplying for a Michigan CPL after revocation or suspension.Appeals Process for CPL after Revocation or Suspension
If someone is notified that their CPL application has been denied or if someone's existing CPL has been suspended or revoked, they may appeal that determination to the circuit court.
The appeal shall be determined by a 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
If the county clerk's determination was "arbitrary and capricious," the court shall order payment of someone's actual costs and actual attorney fees of the applicant in appealing the denial, according to the degree of responsibility.
On the other hand, if the court determines that their appeal was frivolous, they will have to pay the opposing party's attorney fees.