Appeals of Decisions Regarding Concealed Pistol Licenses

2.8Appeals of Decisions Regarding Concealed Pistol Licenses—§ 28.425d ¹

Appeals to the circuit court under MCL 28.425d are governed by MCR 7.121. MCR 7.121(A). Unless provided otherwise in MCR 7.121, the rules set out in MCR 7.101—MCR 7.115 apply. MCR 7.121.² Timing of the appeal of right is governed by MCR 7.104(A). MCR 7.121(C)(1).

A.Manner of Filing an Appeal of Right

The claim of appeal must conform with MCR 7.104(C)(1), “except that:

(i) the license applicant or licensee is the appellant, and

(ii) the county clerk, department of state police, or entity taking the fingerprints may be the appellee.” MCR 7.121(C)(2)(a).

“The claim of appeal must state whether the appellant is appealing a statutory disqualification, failure to issue a receipt, or failure to issue a concealed pistol license, and the fact on which venue^[³] is based.” MCR 7.121(C)(2)(b). The claim must also be signed in compliance with MCR 7.104(C)(3). MCR 7.121(C)(2)(c). The appellant must serve the claim of appeal on all parties, and within the time for filing an appeal, send a written request to the county clerk to send a certified copy of the record to the circuit court. MCR 7.121(C)(2)(d)-(e).

The parties must file briefs that comply with MCR 7.111, unless otherwise ordered by the court. MCR 7.121(C)(4). If a party makes a request for oral argument in accordance with MCR 7.111(C), the court must hold oral argument within 14 days after the appellee’s brief was filed or due, unless it concludes that the briefs and record adequately present the facts and legal arguments, and the court’s deliberation would not be significantly aided by oral argument. MCR 7.121(C)(5); MCR 7.114(A).

B.Standard of Review

The appeal is “determined by a review of the record for error.” MCL 28.425d. If the court determines that the notice of statutory disqualification, failure to provide a receipt, or failure to issue a license “was clearly erroneous or was arbitrary and capricious,” the court must order the county clerk to issue a license or receipt as required by the Firearms Act.⁴ MCL 28.425d(2). The court may also order the entity to refund any filing fees incurred by the applicant in filing the appeal, to the degree of the entity’s responsibility. MCL 28.425d(2). Upon a finding that an entity’s decision was arbitrary and capricious, the court must order that the entity pay the applicant the actual costs and attorney fees associated with the appeal. MCL 28.425d(3). However, the court must order the applicant to pay the actual costs and actual attorney fees of the entity upon a finding that the applicant’s appeal was frivolous. MCL 28.425d(4).

The court must serve the parties with a copy of its order resolving the appeal. MCR 7.121(D).

² See Part A for discussion of MCR 7.101—MCR 7.115 as generally applicable to appeals to the circuit court. Note, however, that Part A does not include discussion of the rules that apply only to appeals from agencies.