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Author: Rick Billington

Michigan Pistol Academy

November 22, 2024

Disqualifiers for Obtaining a Michigan Concealed Pistol License (CPL)

This is a question I get often regarding, can I qualify for a Concealed Carry License in Michigan. In Michigan, the Concealed Pistol License (CPL) is a legal authorization that allows individuals to carry a concealed handgun in public. However, not everyone is eligible for this license. The Michigan CPL law specifies certain disqualifiers—factors that can prevent an individual from obtaining or renewing a CPL. These disqualifiers are primarily based on a person’s criminal history, mental health status, and other legal restrictions that might affect their ability to carry a concealed weapon safely and responsibly. Below is an in-depth discussion of the main disqualifiers for obtaining a Michigan CPL.

1. Criminal History Disqualifiers

A criminal record is one of the most significant factors in determining whether an individual can obtain a Michigan CPL. The law disqualifies anyone with a history of certain types of crimes. Some of the main criminal history disqualifiers include:

Felony Convictions

Individuals who have been convicted of a felony are generally ineligible to obtain a CPL. In Michigan, felonies are serious crimes that carry penalties of more than one year in prison. Examples of felonies include murder, robbery, sexual assault, and drug trafficking. Even if a person’s felony conviction occurred many years ago, they will remain disqualified from receiving a CPL unless their civil rights are restored. For example, if a convicted felon has successfully petitioned the court to restore their firearm rights, they may be eligible to apply for a CPL.

Misdemeanor Convictions

Certain misdemeanor convictions can also disqualify someone from receiving a CPL. Specifically, misdemeanor convictions involving violence or firearms may be a barrier. For instance, a misdemeanor conviction for domestic violence will disqualify an individual from obtaining a CPL. Similarly, if someone has been convicted of misdemeanor assault or battery, they may be unable to receive the license. Some misdemeanors are 8 year or 3-year disqualification. For a list of specific offences, you can view them at this county clerk link.

Pending Criminal Charges

Individuals who are currently facing criminal charges are not eligible to apply for a CPL. This includes individuals who are under investigation or indictment for crimes that would disqualify them if convicted. If the charges are eventually dropped or the individual is found not guilty, they may be eligible to apply for a CPL once the legal proceedings are resolved.

Probation or Parole

People who are currently serving probation or parole for any criminal offense cannot obtain a CPL. Even if an individual has completed their sentence and is no longer under supervision, a conviction on their record may still serve as a disqualifier.

2. Mental Health Disqualifiers

Mental health status plays an important role in determining eligibility for a Michigan CPL. The law is designed to prevent individuals with mental health conditions that impair their ability to safely and responsibly handle a firearm from obtaining a CPL. Disqualifying mental health conditions include:

Adjudication of Mental Incompetence

If a court has declared someone mentally incompetent to stand trial or has ruled them unable to manage their own affairs due to mental illness, that individual is not eligible for a CPL. Mental incompetency determinations are serious and usually involve individuals who have been diagnosed with severe mental conditions that prevent them from understanding the consequences of their actions.

Commitment to a Mental Health Facility

Individuals who have been involuntarily committed to a mental health facility or institution for treatment within the last five years are disqualified from receiving a CPL. This applies to individuals who have been judged to be a danger to themselves or others due to a mental illness. This disqualification also extends to individuals who have been ordered by a court to undergo psychiatric treatment or who have voluntarily committed themselves under certain circumstances.

Prescription Medications

While not an automatic disqualifier, individuals who are currently taking prescription medications for a mental health condition may be asked to provide additional documentation. If the medication affects the individual’s ability to safely operate a firearm, it could result in disqualification. Each case is considered individually, and applicants must be able to demonstrate that they can safely carry and use a firearm.

3. Drug and Alcohol Use Disqualifiers

Drug and alcohol use is another important factor that can disqualify an individual from obtaining a CPL in Michigan. This includes:

Substance Abuse or Addiction

Individuals who have been convicted of drug-related offenses or have a history of substance abuse may be disqualified from obtaining a CPL. This includes individuals who are addicted to drugs or alcohol, as well as those who have been involved in drug trafficking or possession of illegal substances. A history of substance abuse can suggest that a person may not be able to handle a firearm responsibly or safely.

Alcohol-Related Offenses

A history of alcohol-related offenses, such as driving under the influence (DUI) or operating while intoxicated (OWI), can also disqualify an individual from obtaining a CPL. While a single DUI conviction might not automatically disqualify someone, a pattern of alcohol-related offenses or a conviction for a serious alcohol-related crime could result in ineligibility for a CPL.

4. Restraining Orders and Domestic Violence Orders

Individuals who have a current restraining order or protection order against them due to allegations of domestic violence or other serious offenses may be disqualified from obtaining a CPL. Domestic violence charges or orders of protection are taken seriously in Michigan and can prevent an individual from carrying a concealed pistol. The law is designed to prevent individuals with a history of violent or abusive behavior from obtaining weapons that could be used to further harm others.

5. Dishonorable Discharge from the Military

Anyone who has been dishonorably discharged from the military is disqualified from receiving a CPL in Michigan. A dishonorable discharge indicates that the individual was removed from military service due to conduct that was deemed unfit, often due to criminal behavior or violation of military regulations. This disqualification is based on the belief that individuals who have been dishonorably discharged may pose a risk to public safety if they are allowed to carry firearms.

6. Fugitive from Justice

Individuals who are fugitives from justice, meaning they are wanted in connection with a crime but are avoiding arrest, are disqualified from receiving a CPL. This disqualification applies to individuals who have active warrants out for their arrest.

7. Immigration Status

To obtain a Michigan CPL, applicants must be U.S. citizens or legal residents. Non-citizens who do not have the legal right to reside in the United States or who are in the country unlawfully are not eligible for a concealed pistol license. In addition, individuals who are in the U.S. on a temporary basis (e.g., tourist visa holders) may not be eligible for a CPL.

8. Failure to Meet Eligibility Requirements

Applicants for a CPL must meet other basic eligibility requirements. They must be at least 21 years old, a Michigan resident for at least six months, and a U.S. citizen or legal resident. Individuals who fail to meet these requirements will not be considered eligible for a CPL.

Conclusion

Obtaining a Michigan Concealed Pistol License (CPL) requires that an individual meet several legal criteria. Those who are disqualified due to factors like felony convictions, certain misdemeanors, mental health issues, substance abuse, or restraining orders will not be eligible for the license. The state has these disqualifiers in place to ensure that only responsible and law-abiding citizens are permitted to carry concealed weapons, promoting public safety. Anyone considering applying for a CPL should be aware of these disqualifications and ensure that they meet all legal criteria before submitting an application.

The Michigan Pistol Academy is in Rochester Hills and Royal Oak, Michigan and provides comprehensive firearm training and education in the state of Michigan.

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