Mich. Comp. Laws » Michigan Compiled Laws / Chapter 28 / Act 372 of 1927
Michigan Compiled Laws

Mich. Comp. Laws § 28.425d (2026)

Denial or failure to issue notice of statutory disqualification, receipt, or license; appeal.

✓ current as of July 2026
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FIREARMS


Act 372 of 1927


28.425d Denial or failure to issue notice of statutory disqualification, receipt, or license; appeal.

Sec. 5d.

    (1) If the county clerk issues a notice of statutory disqualification, fails to provide a receipt that complies with section 5b(1) or 5l(3), or fails to issue a license to carry a concealed pistol as provided in this act, the department of state police fails to provide a receipt that complies with section 5l(3), or the county clerk, department of state police, county sheriff, local police agency, or other entity fails to provide a receipt that complies with section 5b(9), the applicant may appeal the notice of statutory disqualification, the failure to provide a receipt, 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 notice of statutory disqualification, failure to provide a receipt, or failure to issue a license shall be determined by a review of the record for error.

    (2) If the court determines that the notice of statutory disqualification, failure to provide a receipt that complies with section 5b(1) or (9) or 5l(3), or failure to issue a license was clearly erroneous or was arbitrary and capricious, the court shall order the county clerk to issue a license or receipt as required by this act. For applications submitted after November 30, 2015, if the court determines that the notice of statutory disqualification, failure to provide a receipt that complies with section 5b(1) or (9) or 5l(3), or failure to issue a license was clearly erroneous, the court may order an entity to refund any filing fees the applicant incurred in filing the appeal, according to the degree of responsibility of that entity.

    (3) For applications submitted before December 1, 2015, 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. For applications submitted on or after December 1, 2015, if the court under subsection (2) determines that the notice of statutory disqualification, failure to provide a receipt that complies with section 5b(1) or (9) or 5l(3), or failure to issue a license to an applicant was arbitrary and capricious, the court shall order the county clerk, the entity taking the fingerprints, or the state to pay the actual costs and actual attorney fees of the applicant in appealing the notice of statutory disqualification, failure to provide a receipt that complies with section 5b(1) or (9) or 5l(3), or failure to issue a license, according to the degree of responsibility of the county clerk, the entity taking the fingerprints, or the state.

    (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 county clerk, entity taking the fingerprints, or the state in responding to the appeal.

History: Add. 2000, Act 381, Eff. July 1, 2001 ;-- Am. 2002, Act 719, Eff. July 1, 2003 ;-- Am. 2015, Act 3, Eff. Dec. 1, 2015

PopularName Notes:

CCW

PopularName Notes:

Concealed Weapons

PopularName Notes:

CPL

PopularName Notes:

Right to Carry

PopularName Notes:

Shall Issue
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2003–2022 · leading case: Heindlmeyer v. Ottawa Cnty. Concealed Weapons Licensing Bd., 707 N.W.2d 353 (Mich. Ct. App. 2005).
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Heindlmeyer v. Ottawa Cnty. Concealed Weapons Licensing Bd., 707 N.W.2d 353 (Mich. Ct. App. 2005). · cites it 7× “MCL 28.425d provides that adverse decisions rendered by the various county concealed weapon licensing boards may be appealed to the circuit courts.”
Carr v. Midland Cnty. Concealed Weapons Licensing Bd., 674 N.W.2d 709 (Mich. Ct. App. 2003). · cites it 2× “425b(14) does not provide for the imposition of sanctions in the event that the board does not timely comply with the requirement that it furnish an applicant with written notice of the basis for its decision to deny an application.”
Carr v. Midland Cty. Concealed Weapons Licensing Bd., 674 N.W.2d 709 (Mich. Ct. App. 2004). · cites it 2× “Reversed and remanded to the circuit court for further proceedings consistent with this opinion and MCL 28.425d. We do not retain jurisdiction.”
James Timothy Farrell v. Ingham Cnty. Clerk (Mich. Ct. App. 2022). · cites it 2× “103(B)(4) is lacking in that MCL 28.425d does not authorize an appeal by leave granted or a late appeal.”
Richard Botimer v. MacOmb Cnty. Concealed Weapons Bd. (Mich. Ct. App. 2016). “MCL 28.425d governs appeals from decisions by concealed weapons boards and, at the time the denial letter was issued, stated in pertinent part as follows: (1) If the concealed weapon licensing board denies issuance of a license to carry a concealed pistol, or fails to issue that…”
— Mich. Comp. Laws § 28.425d(1) — 1 case
James Timothy Farrell v. Ingham Cnty. Clerk (Mich. Ct. App. 2022). “103(B)(4) is lacking in that MCL 28.425d does not authorize an appeal by leave granted or a late appeal.”
— Mich. Comp. Laws § 28.425d(2) — 3 cases
Heindlmeyer v. Ottawa Cnty. Concealed Weapons Licensing Bd., 707 N.W.2d 353 (Mich. Ct. App. 2005). “MCL 28.425d provides that adverse decisions rendered by the various county concealed weapon licensing boards may be appealed to the circuit courts.”
Carr v. Midland Cnty. Concealed Weapons Licensing Bd., 674 N.W.2d 709 (Mich. Ct. App. 2003). “425b(14) does not provide for the imposition of sanctions in the event that the board does not timely comply with the requirement that it furnish an applicant with written notice of the basis for its decision to deny an application.”
Carr v. Midland Cty. Concealed Weapons Licensing Bd., 674 N.W.2d 709 (Mich. Ct. App. 2004). “Reversed and remanded to the circuit court for further proceedings consistent with this opinion and MCL 28.425d. We do not retain jurisdiction.”
— Mich. Comp. Laws § 28.425d(l) — 1 case
Heindlmeyer v. Ottawa Cnty. Concealed Weapons Licensing Bd., 707 N.W.2d 353 (Mich. Ct. App. 2005). “MCL 28.425d provides that adverse decisions rendered by the various county concealed weapon licensing boards may be appealed to the circuit courts.”
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