Legal Question in Civil Litigation in Michigan

Procedure for suing my county?

I am a Michigan resident (and new attorney) who held a Michigan Concealed Pistol License (CPL) from 2003-2006. I am attempting to renew my Michigan CPL.

Recently, my county clerk refused to accept my CPL renewal application because I did not take another 8-hour pistol safety course. I had already taken the 8-hour pistol safety course back in 2003 when I applied for a CPL for the first time.

According to Michigan Compiled Laws (MCL) 28.425l(3), ''[t]he educational requirements...for an applicant who is applying for a renewal of a license under this act are waived....'' (however, I did swear to recently reviewing safety and shooting).

I then called the attorney at my county's prosecutor's office who handles CPL matters. The attorney told me that it is too much work for the county to verify previous CPLs, so they require all applicants (new and renewing) to take the 8-hour pistol safety course again. This is an extremely poor excuse for breaking Michigan law.

What is the procedure for suing my county? I'm assuming I'd sue for an injunction forcing the county to accept CPL renewal applications? I'm a new attorney with no civil procedure experience. (do I have to sue the county in federal court, do I need witnesses, etc.?)


Asked on 10/03/07, 3:34 pm

1 Answer from Attorneys
William Morrison Action Defense Center

Re: Procedure for suing my county?

First, cite the statute correctly;

28.425l(6) The educational requirements under section 5b(7)(c) for an applicant who is applying for a renewal of a license under this act are waived except that the applicant shall certify that he or she has completed at least 3 hours' review of the training described under section 5b(7)(c) and has had at least 1 hour of firing range time in the 6 months immediately preceding the subsequent application.

Then exhaust your administrative remedies by complying with the other requirements of the statute.

Then, consider the practicality of suing a county where you intend to do business. Re-read your class notes on governmental immunity.

Then, ask yourself "Do I want to be right or do I want to be a successful lawyer?"

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Answered on 10/04/07, 12:49 am


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