A Receipt For Payment of CPL License is Not Proof of a CPL License
Many thanks to my Associate Attorney, Charles Cottrell for his assistance with this FAQ
Q: Can I allow my CPL to expire and then carry a receipt for payment of the application fee for a new license to prove that one is licensed during the “gap” of time that the new license is issued.
A: No, this is likely a misreading of the statute that could expose one to potential criminal liability.
First of all, the CPL renewal scheme allows one to renew anytime within the year preceding expiration without any loss of time under the old license. It is obvious that this policy is designed to encourage timely renewals of the CPL.
The relevant statute does mention holding onto your receipt along with the expired CPL, but this provision does not apply unless the gun board has failed to meet its 60-day deadline to approve or reject renewals.
Therefore, unless the gun board has failed to meet it’s deadline, it is not lawful to carry a concealed pistol with an expired license whether or not one has a receipt for the new license.
To ensure that one is continuously licensed, one should apply for a renewal no later than 60 days before the expiration of the current license.
MCL 28.425l
(2) The concealed weapon licensing board shall issue or deny issuance of a renewal license within 60 days after the application for renewal is properly submitted. The county clerk shall issue the applicant a receipt for his or her renewal application at the time the application is submitted. The receipt shall contain all of the following:
(a) The name of the applicant.
(b) The date and time the receipt is issued.
(c) The amount paid.
(d) A statement that the receipt is for a license renewal.
(e) A statement of whether the applicant qualifies for an extension under subsection (3).
(f) The name of the county in which the receipt is issued.
(g) An impression of the county seal.(3) If the concealed weapon licensing board fails to deny or issue a renewal license to the person within 60 days as required under subsection (2), the expiration date of the current license is extended by 180 days or until the renewal license is issued, whichever occurs first. This subsection does not apply unless the person pays the renewal fee at the time the renewal application is submitted and the person has submitted a receipt from a police agency that confirms that a background check has been requested by the applicant.
(4) A person carrying a concealed pistol after the expiration date of his or her license pursuant to an extension under subsection (3) shall keep the receipt issued by the county clerk under subsection (2) and his or her expired license in his or her possession at all times that he or she is carrying the pistol. For the purposes of this act, the receipt is considered to be part of the license to carry a concealed pistol until a renewal license is issued or denied. Failing to have the receipt and expired license in possession while carrying a concealed pistol or failing to display the receipt to a peace officer upon request is a violation of this act.
Steve Dulan (www.StevenWDulan.com) is a member of the Board of Directors of the MCRGO and the MCRGO Foundation, and a member of the Board of Trustees of the MCRGO Foundation. He is an attorney in private practice in East Lansing and Adjunct Professor of firearms law at The Thomas M. Cooley Law School. as well as an NRA Life Member.
About:
The Michigan Coalition for Responsible Gun Owners is a non-profit, non-partisan organization. Formed from just eight people in 1996, we now have thousands of members and numerous affiliated clubs across the state. We’re growing larger and more effective every day.
Our mission statement is: “Promoting safe use and ownership of firearms through education, litigation, and legislation”