CPL Class Information Review

Transcription

1 CPL Class Information Review 1 This is a general overview of information, facts and laws. Please review the applicable laws Consult an attorney before acting on the information below

2 Laws and legal Updates - Your responsibility License 2 The CPL license is valid for a maximum of 5 years The license expires on your birthday of the 5 th year. You are not notified by any government agency as to the expiration date of the license. You can use any handgun to qualify for the range portion of the CPL course. After receiving your can CPL you can carry any handgun without qualifying with an instructor.

3 Laws and legal Updates - Your responsibility License 3 There is no minimum amount of handguns that you can carry concealed. There is no mandated specific training required by law during the duration of your license, just the requirement to maintain you knowledge and skills. You will only be as good as you want to be! Is that good enough to save your life

4 Laws and legal Updates - Your responsibility License Renewal 4 Renewal requires the CPL holder to complete a 3 hours of "required" training and one hour at the range within the preceding 6 months prior to reapplying for their CPL Required meaning up-to-date regarding all applicable laws and CPL carry requirements. Shooting skills should be at the new applicant level. Renewal study does not mandate CPL instructor training

5 Laws and legal Updates - Your responsibility 5 You are required to know how to find and stay current on all applicable laws You are required to know the laws of other states where you carry your handgun You are not notified of changes to the law You are required to know and demonstrate safe operation of your concealed carry handgun (read the manual) You are required to maintain the CPL class shooting skills

6 Laws and legal Updates - Your responsibility 6 You can carry a handgun on most forms of transportation as long as that does not violate other laws. You do not need a CPL to carry concealed on your property or lands possessed by you.

7 Training Requirement 7 Certificate Statement The applicant has completed An eight-hour Concealed Weapons Training Course as required by Michigan Public Act 719, sec 5j, effective on July 1, This course complies with section 5j of PA 372 effective October 1, hour NRA Personal Protection in the Home class o 5 hours classroom o 3 hours range Live fire is required to complete range portion 98 rounds required

8 State CPL training requirements 8 Instructor Requirement NRA Instructor Attorney or other recognized qualifications to teach portion of class Applicant Requirement Resident of Michigan for 6 months 21 years old No felony or listed misdemeanor convictions

9 Definitions 9 CCW/CPL Both of these abbreviations are often used to refer to the Michigan Concealed Pistol License. (The license required to carry a concealed handgun). CPL is the Michigan Concealed Pistol License CCW refers to concealed carry weapons laws

10 Definitions 10 Under the Michigan CPL laws a handgun is the only weapon you can carry concealed. Preemption The state controls CPL laws - local government cannot have more restrictive or different laws. Reciprocity Another state allows a Michigan resident to carry a handgun in that state according to that states laws.

11 HANDGUN POSSESSION years old to own a handgun 18 can purchase from a private party only 21 to purchase from a FFL dealer 21 to purchase handgun ammunition

12 12 Handgun Purchase Permits and Background checks All handgun purchase require a purchase permit or background check A CPL is a purchase permit Can purchase a handgun form a gun dealer without acquiring a purchase permit from your local P.D.

13 Handgun Purchase Permits and Background checks 13 Do not need to acquire a purchase permit from a police department Background checks are done by FFL gun dealer at Point of sale. Purchase from a private party (person to person) o o Purchaser acquires purchase permit from P.D Person 18 but not 21 years old can purchase from a private party only. Must acquire permit from local P.D

14 Handgun purchase and Registration 14 All purchase, sales or transfers must be done in the state of Michigan by a residents of Michigan that can legally sell and purchase the handgun Handguns acquired out of state must be transferred from out of state into the state of Michigan through a (FFL) Federally Licensed Gun Dealer. Transfer fees usually apply

15 Handgun Purchases from a private party (Person to Person) 15 Purchaser 18 years old but not 21 must get purchase permit from local P.D. Person 21 with a CPL can use CPL as a purchase permit. Person 21 without a CPL must get a purchase permit.

16 Handgun Transfers 16 Handguns purchased / acquired out of state must be shipped across state lines by federally licensed gun dealers ( dealer to dealer )

17 Registration 17 All handguns must be registered Registration is a 2 step process 1) Complete a Pistol Sales Record at P.O.S 2) Register handgun with your local P.D 3) 3 ways to complete registration process with P.D Mail in form Certified mail Hand Carry and get receipt

18 The CPL license and application 18 The term CCW and CPL are used interchangeably to identify the license to carry a handgun. The purchase of a handgun and the CPL application process are two different procedures that are independent of each other. The purchase of a handgun is processed by your local police department. The concealed pistol license is processed by your county clerk.

19 The CPL license and application 19 Must be 21 years old No felonies No misdemeanors listed under the 3 or 8 year category The CPL license is valid for up to 5 years The CPL license expires on your birthday of the 5th year The training certificate does not expire

20 The CPL license and application 20 You are not notified of the expiration of your license You must apply for the license in your county of residence You Process the application with your county clerk Your finger prints taken sheriff dept or local police Your CPL application process takes about 6-8 weeks You are not required to change address on CPL or notify police when moving within the state.

21 Weapons - Other Countries 21 All forms of weapons are prohibited in Canada and Mexico Firearms Pepper Spray Knives that designed to be a weapon Dagger, bayonet switch blade etc.

22 Possession Safe Storage 22 You may be criminally and civilly liable for any harm caused by a person less than 18 years of age who lawfully gains unsupervised access to your firearm if unlawfully stored. As such, a trigger lock, gun case or other device designed to prevent unauthorized access to a firearm is strongly recommended.

23 Possession 23 The owner of a handgun can loan a handgun to a person with a CPL. The CPL holder can possess / carry the handgun without the owners presence. The owner of a handgun can let another person without a CPL use the handgun with the owner present.

24 Possession 24 The minimum legal blood alcohol level under Michigan CPL law is.02 Do not consume alcohol or drugs A CPL is not required for you to carry a handgun concealed on your property or lands possessed by you.

25 Possession 25 Two documents must be on you at all times when carrying a handgun. 1. Drivers license or state ID card 2. Concealed pistol license

26 Possession 26 A Michigan resident with a legally registered handgun can loan the handgun to a person that has a Michigan CPL. (loan meaning remove from the owner and use without the owner being present). The license allows you to carry a handgun concealed (CPL) on your person or in a vehicle

27 Proper Conduct During Encounters with Police 27 Required to notify police officer immediately upon contact driver responsibility Tell the officer you have a handgun in the vehicle Notification Procedure I have a handgun and a CPL I have a CPL and no handgun I do not have a handgun and do not have my CPL with me

28 Qualification 28 You can qualify for the CPL class with any caliber of handgun. You are not required to qualify for the CPL class with the handgun you will carry. The CPL is attached to you - not a specific handgun, therefore you are not required by law to re-qualify or demonstrate proficiency with a CPL instructor to carry other handguns purchased after you qualify for the CPL. You can carry more than one handgun

29 Gun free zones - 9 on the back of you CPL Schools 2. Public or private day care center, public or private child caring agency, or public or private child placing agency. 3. Sports arena or stadium. 4. A tavern where the primary source of income is the sale of alcoholic liquor by the glass consumed on the premises.

30 Gun free zones Any property or facility owned or operated by a church, synagogue, mosque, temple, or other place of worship, unless the presiding official allows concealed weapons. 6. An entertainment facility that the individual knows or should know has a seating capacity of 2,500 or more.

31 Gun Free Zones A hospital 8. A dormitory or classroom of a community college, college, or university 9. A Casino

32 Gun free zones 32 Premises" does not include the parking areas of the places listed above in 1 through 9. A pistol is subject to immediate seizure if the CCW permit holder is carrying a pistol in a "pistol free" area. The following penalties may also be imposed: "Weapons are not permitted in any courtroom, office, or other space used for official court business or by judicial employees unless the chief judge or other person designated by the chief judge has given prior approval consistent with the court's written policy."

33 Other Gun free zones 33 US Post offices are gun free zones not listed on license Federal property could be a gun free zone Private property can be posted by the owner as a gun free zone. Places of employment

34 Exceptions to gun free zones 34 Parking lots of gun free zones Carry in a restaurant not a tavern Parking lots of gun free zones Carry into a restaurant not a bar Owner Employee approved by owner Private investigator Police employment rules

35 Places most likely to see a no gun sign 35 Places that are private property and not on the back of your license These are places most likely posted because of what they do----- Movie theater (2500 or more) Banks Restaurant (serve alcohol) Jewelry Store. Any places we go to shop and do business - look for signs

36 Concealed Carry 36 Concealed carry rules applies to the person and vehicle and means to carry or place the handgun so as not to seen or identified as a handgun. A concealed pistol permit is required if the handgun is "accessible" to the driver of the vehicle. To place in a inaccessible location means in a trunk or in a locked container.

37 Transporting a handgun 37 The handgun is not accessible meaning The handgun is gun a gun box and lock on gun / box. No ammunition in handgun or box Place in trunk if available Ammunition can be transported in another container/place

38 Other weapons - Taser 38 Tasers can be possessed and carried by a Michigan resident that has a current CPL and completes the required legal process. Law effective date August 6, A CPL is required to have a Tazer Price $ plus

39 Other Weapon- Pepper Spray 39 Pepper spray can be possessed / carried by a Michigan resident 18 years old. Pepper spray does not require a license or additional training. The user does not have to have a CPL. Price $15.00 plus

40 Most Likely Violations 40 Failure to notify - An individual licensed to carry a concealed pistol who is stopped by a police officer (traffic stop or otherwise) shall immediately disclose to the police officer that he or she is carrying a concealed pistol either on their person or in their motor vehicle.

41 Most Likely Violations 41 Alcohol - An individual licensed to carry a concealed pistol shall not possess a concealed pistol on their person or motor vehicle while they have any bodily alcohol content (.02 bodily alcohol content [BAC] or above) or a controlled substance.*

42 Most Likely Violations 42 Transporting vs carrying handgun - not using the correct procedure under a given set of circumstances. Transporting a means the handgun is in a suitable container, unloaded, no ammunition in the container or handgun. The container is locked and stored in a inaccessible location relative to the driver of the vehicle. (based on the vehicle design)

43 Most Likely Violations 43 Concealed Carry - Carrying means to have a handgun on your person or in your vehicle that cannot be identified as a handgun. Expired license - Reason is you are not notified as with a drivers license

44 Most Likely Violations 44 Illegal purchase of a handgun - Do not know the proper procedure regarding the purchase of a handgun acquired within the state of Michigan or out state. Illegal ownership - Do not know the rules and procedure of acquiring and registering a handgun. Illegal or misuse of the handgun in a self defense situation:

45 Most Likely Violations 45 Do not know the gun free zones Do not know the rules of using a firearm in self defense Cannot make a reasonable shot/don t decision Not skilled in the use of the self defense handgun "Don t make your first attempt at self defense become an experiment that failed. "

46 LEGAL WEAPON 46 Pepper Spray does not come under CPL laws can carry open or concealed Is classified as a weapon under Michigan weapons laws. Do not need a license to purchase or carry Can carry in many places that do not allow handguns Must be 18 to possess a pepper spray

47 LEGAL WEAPON 47 TASER Must have a CPL Training Registration Processing

48 Deadly Force 48 Type of threat present - Fear of life Possibility of threat - Imminent Result of threat ---- Death Serious injury Rape The handgun is used to protect people only!

49 Non Deadly Force - weapon 49 pepper spray 18 years old to possess Taser 21 years old Must have a CPL Training and registration requirements Protect people and property when "physical force" may be necessary.

50 Self Defense Act of October 1, A package of 6 laws that deal with the laws of self defense for the citizens of Michigan. AN ACT to clarify the rights and duties of selfdefense and the defense of others.

51 Self Defense Act of October 1, Summary overview PA 309 creates the Self Defense Act and specifies that it is not a crime to use force or deadly force to defend oneself if that person is not breaking any laws when defensive force was used. PA 310 puts the burden of proof on the prosecutor to show that a person acted unlawfully in the application of force, rather than the person using the force having to prove they acted lawfully.

52 Self Defense Act of October 1, PA 311, outlines rebuttal presumptions for justified use of self-defense. The bill makes it clear that there is no duty to retreat if a person is in a place where they have a legal right to be.

53 Self Defense Act of October 1, PA 311 Allows for the award of court and attorney fees in civil cases where it was determined a person acted in accordance with the Self Defense Act and where civil immunities apply. PA 312 Expands the definition of dwelling to include a person s garage, barn, backyard, etc.

54 Self Defense Act of October 1, PA 313 Gives civil immunities to persons acting in accordance with the Self Defense Act, preventing criminals and their families from suing law-abiding citizens

55 General Provisions of the Act 55 A person may use deadly force with no duty to retreat if as per (PA 309) 1.They are not engaged in a crime 2.They are in a place they have a legal right to be 3.They honestly and reasonably believe deadly force is necessary 4.The deadly force is used to prevent imminent death, great bodily harm, or sexual assault of the person another

56 General Provisions of the Act 56 A person may use force other than deadly force if (PA 309): 1.They are not engaged in a crime 2.They are in a place they have a legal right to be 3.They honestly and reasonably believe force is necessary 4.The force is used to prevent imminent unlawful force against the person or another.

57 Life Threatening Events In the process of breaking and entering a dwelling or business 2. In the process of committing a home invasion 3. Has committed a breaking and entering or home invasion and is still present in the dwelling or business 4. Is attempting to unlawfully remove a person from a dwelling, business, or vehicle against his or her will.

58 Your rights 58 5th amendment The right against self incrimination 6 th amendment The right to an attorney

59 Home Safety and Self Defense 59 based on the concept of: Prevention: Prevent a person from breaking into or entering your home with proper landscaping and security devices. Escape: If an intruder is in your home, escape from your home if you have the opportunity to do so safely

60 Home Safety and Self Defense 60 Retreat: If an intruder is in your home retreat to a safe area or room where you can protect you and your family, call the police, secure your area, do not engage the intruder unless absolutely necessary. Stay on the phone with the dispatcher, you can help the police catch the intruder and stay safe at the same time.

61 Home Safety and Self Defense 61 If you must shoot to protect yourself, be sure you have properly identified the target as the intruder. Do not shoot through doors, walls or other objects at the suspected intruder Because there is no duty to retreat does not give you the right to shoot the intruder just because he is in your home. Your justification is always selfdefense. Target identification must be visual.

62 Home Safety and Self Defense 62 Do not have handgun in hand when police arrive (unless you need to protect yourself) You are not required to say anything but identify yourself If you must say something say I was in fear of my life and I shot to protect myself You may be arrested based on evidence at the scene.

63 Home Safety and Self Defense 63 You may be taken into police custody for questioning. Your handgun will be confiscated Do not make or sign any statements unless your attorney is present

64 YOUR INVOLVEMENT IN A SHOOTING INCIDENT 64 Call Police Follow the directions of the police Do not leave the scene/ run (except to get help or move to safety) Flight equals guilt Render Assistance? (Use extreme caution if attempting to approach attacker) Protect the scene - Do not change anything

65 The NRA 3 Always Rules Always keep the gun pointed in a safe direction 2. Always keep your finger off the trigger until ready to shoot 3. Always keep the firearm unloaded until ready to use

66 Handgun safety The NRA's elements of a good shooting position are Consistency, balance, support, natural aiming area and comfort. 2. The NRA fundamentals of marksmanship are aiming, breath control, hold control, trigger control and followthrough. 3. A double action trigger pull is considered safer when confronting another person because a double action trigger pull greatly reduces the chance of an accidental discharge.

67 Handgun safety The best ammunition for self defense is Hollow Points 5. How can you tell if you can use +p or +p+ ammunition in your handgun? You can find it in your handgun operating handbook, ask a reliable gun dealer,or you can call the gun manufacturer. 6. Good firearms safety practices should be followed Anytime you are handling or shooting a firearm.

68 Handgun Safety The two most important shooting fundamentals are sight alignment and trigger control. 8. When a cartridge fails to fire immediately, you should keeps the pistol pointed in a safe direction and, after waiting at least 15 seconds (as a precaution in case of a hang fire), open the action and remove the cartridge. 9. When gripping the pistol, you should use the same grip each time that you hold the pistol.

69 Handgun safety Double-action is the type of action in which the trigger performs two tasks: cocking and releasing the hammer. 11. Before cleaning a pistol, be sure that the pistol is unloaded, the action is open and no ammunition is present. 12. When a cartridge fails to fire after the primer has been struck by the firing pin that is a misfire

70 Handgun safety When using the sights to aiming a pistol, the eye can focus on one object at a time; therefore you should focus on the front sight so that it appears clear and sharp. 14. Correct sight alignment requires that you align the front sight with the rear sight 15. The four cardinal rules of firearms safety are 1. All guns are always considered to be loaded 2. Point the Muzzle in a safe direction 3. Keep your finger off the trigger guard and outside the trigger guard until on target 4. Be sure of your target and backstop

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