Section 28.425d - Denial or failure to issue license; appeal. - Michigan Statutes

FIREARMS (EXCERPT)
Act 372 of 1927

28.425d Denial or failure to issue license; appeal.

Sec. 5d.

(1) If the concealed weapon licensing board denies issuance of a license to carry a concealed pistol, or fails to issue that license as provided in this act, the applicant may appeal the denial or the failure to issue the license to the circuit court in the judicial circuit in which he or she resides. The appeal of the denial or failure to issue a license shall be determined by a review of the record for error, except that if the decision of the concealed weapon licensing board was based upon grounds specified in section 5b(7)(n) that portion of the appeal shall be by hearing de novo. Witnesses in the hearing shall be sworn. A jury shall not be provided in a hearing under this section.

(2) If the court determines that the denial or failure to issue a license was clearly erroneous, the court shall order the concealed weapon licensing board to issue a license as required by this act.

(3) If the court determines that the decision of the concealed weapon licensing board to deny issuance of a license to an applicant was arbitrary and capricious, the court shall order this state to pay 1/3 and the county in which the concealed weapon licensing board is located to pay 2/3 of the actual costs and actual attorney fees of the applicant in appealing the denial.

(4) If the court determines that an applicant's appeal was frivolous, the court shall order the applicant to pay the actual costs and actual attorney fees of the concealed weapon licensing board in responding to the appeal.

History: Add. 2000, Act 381, Eff. July 1, 2001 ;-- Am. 2002, Act 719, Eff. July 1, 2003
Popular Name: CCW
Popular Name: Concealed Weapons
Popular Name: CPL
Popular Name: Right to Carry
Popular Name: Shall Issue