Bill
HB 5113
HB 5113 creates a fee-free 21-business-day grace period to correct CPL disqualification errors (by applicant or third party) and preserves appeals.
HB 5113 Summary — Weapons licensing; grace period for denials due to administrative error; amend section 5d (MCL 28.425d)
Overview
- Purpose: Provide a grace period for CPL (concealed pistol license) applicants to remedy errors that lead to disqualification, whether the error is by the applicant, a county clerk, or another party, without additional application fees. The bill amends 1927 PA 372 (the firearm licensure act), specifically section 5d, to establish timelines and fee provisions for remedial applications.
- Sponsor/Status: Introduced by Rep. Pat Outman on March 13, 2025; referred to the Judiciary Committee. Bill electronically reproduced October 22, 2025 (HB 5113 as introduced).
Key Provisions
- Grace period for applicant error (no fee)
- If a county clerk issues a statutory disqualification due to an applicant’s error, the applicant may submit a corrected/new application under sections 5b or 5l within 21 business days after receiving the notice of disqualification, without paying an additional fee.
- If the applicant discovers an error before receiving a notice of disqualification, the applicant may submit an updated application within 21 business days after submitting the original application, without paying an additional fee.
- Grace period for third-party error (no fee, no deadline)
- If the disqualification stems from an error by someone other than the applicant, the applicant may submit a new CPL application at any time without paying an additional fee, provided the applicant submits supporting documents that correct the error.
- Appeals and remedies (existing processes retained)
- If a notice of statutory disqualification is issued, or if there is a failure to issue a license or to provide required receipts, the applicant may appeal to the circuit court in the county of residence.
- The court’s review focuses on the record to determine whether the notice/receipt/issuance was erroneous or arbitrary and capricious, with potential orders to issue a license or receipt if clearly erroneous.
- For post-2015 applications, if the appeal shows error, the court may order refunds of filing fees proportionate to responsibility; frivolous appeals may result in costs and attorney-fee shifts to the appealing party.
Affected Parties
- CPL applicants and license applicants (first-time and renewals) who experience disqualification due to errors.
- County clerks and local law enforcement agencies involved in CPL processing.
- Michigan Department of State Police (MSP) and county government fund administrators, given fee flows and potential changes to revenue.
- The judiciary (circuit courts) handling appeals of notices of disqualification or related issues.
Fiscal and Administrative Impact
- Fiscal impact: Indeterminate for MSP and county governments; potential revenue reductions from remedial applications exempted from new fees; costs to counties for processing remedial applications may vary by county.
- Revenue considerations: Current fees for first-time CPL applications ($100) and renewals ($115) would be applied to remedial applications only if the remedial path still incurs processing costs; the bill creates a pathway for fee-free remedial submissions.
- Possible local impact: Could alter the number of appeals in local courts depending on whether the grace periods reduce disqualification disputes or prompt more challenges to notices.
Notes
- The bill adds clear timelines (21 business days) and conditions for fee waivers in remedial CPL applications.
- It preserves and codifies existing appeal rights and remedies for processing or notice errors, with potential fee refunds for successful challenges post-2015.
Legislative Actions and Sponsors
- Primary sponsor: Rep. Pat Outman
- Committee: Judiciary
- Key actions: introduced and referred in Oct. 2025; earlier readings and committee actions in 2025.
Compiled from official sources — confirm details with the bill’s official record.
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