BillCam

HOUSE BILL No. 4876

August 16, 2017, Introduced by Reps. Cole, Tedder, Miller, Hoitenga, Hornberger, Alexander, Noble, Howrylak, Lower, Lucido, Dianda, LaFave, Phelps, Chatfield and Chirkun and referred to the Committee on Judiciary.

A bill to amend 1927 PA 372, entitled

"An act to regulate and license the selling, purchasing,

possessing, and carrying of certain firearms, gas ejecting devices,

and electro-muscular disruption devices; to prohibit the buying,

selling, or carrying of certain firearms, gas ejecting devices, and

electro-muscular disruption devices without a license or other

authorization; to provide for the forfeiture of firearms and

electro-muscular disruption devices under certain circumstances; to

provide for penalties and remedies; to provide immunity from civil

liability under certain circumstances; to prescribe the powers and

duties of certain state and local agencies; to prohibit certain

conduct against individuals who apply for or receive a license to

carry a concealed pistol; to make appropriations; to prescribe

certain conditions for the appropriations; and to repeal all acts

and parts of acts inconsistent with this act,"

by amending sections 1, 12, and 15 (MCL 28.421, 28.432, and

28.435), section 1 as amended by 2016 PA 301, section 12 as amended

by 2010 PA 209, and section 15 as added by 2000 PA 265.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. (1) As used in this act:

(a) "Corrections officer of the department of corrections"

means a state correctional officer as that term is defined in

section 2 of the correctional officers' training act of 1982, 1982

PA 415, MCL 791.502.

(b) "Felony" means, except as otherwise provided in this

subdivision, that term as defined in section 1 of chapter I of the

code of criminal procedure, 1927 PA 175, MCL 761.1, or a violation

of a law of the United States or another state that is designated

as a felony or that is punishable by death or by imprisonment for

more than 1 year. Felony does not include a violation of a penal

law of this state that is expressly designated as a misdemeanor.

may readily be converted to expel a projectile by action of an

explosive.

(d) "Firearms records" means any form, information, or record

required for submission to a government agency under sections 2,

2a, 2b, and 5b, or any form, permit, or license issued by a

government agency under this act.

(e) "Local corrections officer" means that term as defined in

section 2 of the local corrections officers training act, 2003 PA

125, MCL 791.532.

(f) "Misdemeanor" means a violation of a penal law of this

state or violation of a local ordinance substantially corresponding

to a violation of a penal law of this state that is not a felony or

a violation of an order, rule, or regulation of a state agency that

is punishable by imprisonment or a fine that is not a civil fine,

or both.

(g) "Parole or probation officer of the department of

corrections" means any individual employed by the department of

corrections to supervise felony probationers or parolees or that

individual's immediate supervisor.

(h) "Peace officer" means, except as otherwise provided in

this act, an individual who is employed as a law enforcement

officer, as that term is defined under section 2 of the Michigan

commission on law enforcement standards act, 1965 PA 203, MCL

28.602, by this state or another state, a political subdivision of

this state or another state, or the United States, and who is

required to carry a firearm in the course of his or her duties as a

law enforcement officer.

(i) "Person" means an individual, trust, partnership,

corporation, association, or other legal entity.

(j) (i) "Pistol" means a loaded or unloaded firearm that is 26

inches or less in length, or a loaded or unloaded firearm that by

its construction and appearance conceals it as a firearm.

(k) (j) "Purchaser" means a person who that receives a pistol

from another person by purchase or gift.

(l) (k) "Reserve peace officer", "auxiliary officer", or

"reserve officer" means, except as otherwise provided in this act,

an individual authorized on a voluntary or irregular basis by a

duly authorized police agency of this state or a political

subdivision of this state to act as a law enforcement officer, who

is responsible for the preservation of the peace, the prevention

and detection of crime, and the enforcement of the general criminal

laws of this state, and who is otherwise eligible to possess a

firearm under this act.

(m) (l) "Retired corrections officer of the department of

corrections" means an individual who was a corrections officer of

the department of corrections and who retired in good standing from

his or her employment as a corrections officer of the department of

corrections.

(n) (m) "Retired federal law enforcement officer" means an

individual who was an officer or agent employed by a law

enforcement agency of the United States government whose primary

responsibility was enforcing laws of the United States, who was

required to carry a firearm in the course of his or her duties as a

law enforcement officer, and who retired in good standing from his

or her employment as a federal law enforcement officer.

(o) (n) "Retired parole or probation officer of the department

of corrections" means an individual who was a parole or probation

officer of the department of corrections and who retired in good

standing from his or her employment as a parole or probation

officer of the department of corrections.

(p) (o) "Retired police officer" or "retired law enforcement

officer" means an individual who was a police officer or law

enforcement officer who was licensed or certified as described in

the Michigan commission on law enforcement standards act, 1965 PA

203, MCL 28.601 to 28.615, and retired in good standing from his or

her employment as a police officer or law enforcement officer. A

police officer or law enforcement officer retired in good standing

if he or she receives a pension or other retirement benefit for his

or her service as a police officer or law enforcement officer or

actively maintained a Michigan commission on law enforcement

standards or equivalent state certification or license for not less

than 10 consecutive years.

(q) (p) "Seller" means a person who that sells or gives a

pistol to another person.

(r) (q) "State court judge" means a judge of the district

court, circuit court, probate court, or court of appeals or justice

of the supreme court of this state who is serving either by

election or appointment.

(s) (r) "State court retired judge" means a judge or justice

described in subdivision (q) (r) who is retired, or a retired judge

of the recorders court.

(2) A person may lawfully own, possess, carry, or transport as

a pistol a firearm greater than 26 inches in length if all of the

following conditions apply:

(a) The person registered the firearm as a pistol under

section 2 or 2a before January 1, 2013.

(b) The person who registered the firearm as described in

subdivision (a) has maintained registration of the firearm since

January 1, 2013 without lapse.

issued to him or her under section 2 or 2a.

(3) A person who satisfies all of the conditions listed under

subsection (2) nevertheless may elect to have the firearm not be

considered to be a pistol. A person who makes the election under

this subsection shall notify the department of state police of the

election in a manner prescribed by that department.

Sec. 12. (1) Section 2 does not apply to any of the following:

(a) A police or correctional agency of the United States or of

this state or any subdivision of this state.

(b) The United States army, air force, navy, or marine

corps.Army, Air Force, Navy, or Marine Corps.

weapons from the United States or from this state.

(d) The national guard, armed forces reserves, National Guard,

Armed Forces Reserves, or other duly authorized military

organization.

(e) A member of an entity or organization described in

subdivisions (a) through to (d) for a pistol while engaged in the

course of his or her duties with that entity or while going to or

returning from those duties.

(f) A United States citizen holding a license to carry a

pistol concealed upon his or her person issued by another state.

(g) The regular and ordinary possession and transportation of

a pistol as merchandise by an authorized agent of a person licensed

to manufacture firearms or a licensed dealer.

(h) Purchasing, owning, carrying, possessing, using, or

transporting an antique firearm. As used in this subdivision,

"antique firearm" means that term as defined in section 231a of the

Michigan penal code, 1931 PA 328, MCL 750.231a.

(i) When present in a domicile of a person licensed to possess

or carry a pistol, a spouse, family member, or guest of that

person.

(j) A person that is or has previously been approved,

permitted, or licensed in this state to purchase, carry, possess,

or transport a pistol.

(k) (i) An individual carrying, possessing, using, or

transporting a pistol belonging to another individual, if the other

individual's possession of the pistol is authorized not prohibited

by law and the individual carrying, possessing, using, or

transporting the pistol has obtained a license under section 5b to

carry a concealed pistol or is exempt from licensure as provided in

section 12a.

(2) The amendatory act that added subsection (1)(h) shall be

known and may be cited as the "Janet Kukuk act".

Sec. 15. (1) Except as provided in subsection (2), a federally

licensed firearms dealer shall not sell a firearm in this state

unless the sale includes 1 of the following:

(a) A commercially available trigger lock or other device

designed to disable the firearm and prevent the discharge of the

firearm.

(b) A commercially available gun case or storage container

that can be secured to prevent unauthorized access to the firearm.

(2) This section does not apply to any of the following:

(a) The sale of a firearm to a police officer or a police

agency.

(b) The sale of a firearm to a person who presents to the

federally licensed firearms dealer 1 of the following:

(i) A trigger lock or other device designed to disable the

firearm and prevent the discharge of the firearm together with a

copy of the purchase receipt for the federally licensed firearms

dealer to keep. A separate trigger lock or device and a separate

purchase receipt shall be is required for each firearm purchased.

(ii) A gun case or storage container that can be secured to

prevent unauthorized access to the firearm together with a copy of

the purchase receipt for the federally licensed firearms dealer to

keep. A separate gun case or storage container and a separate

purchase receipt shall be is required for each firearm purchased.

subdivision, "antique firearm" means that term as defined in

section 231a of the Michigan penal code, 1931 PA 328, MCL 750.231a.

(d) The sale or transfer of a firearm if the seller is not a

federally licensed firearms dealer.

(3) A federally licensed firearms dealer shall not sell a

firearm in this state unless the firearm is accompanied with, free

of charge, a brochure or pamphlet that includes safety information

on the use and storage of the firearm in a home environment.

(4) Upon the sale of a firearm, a federally licensed firearms

dealer shall sign a statement and require the purchaser to sign a

statement stating that the sale is in compliance with subsections

(1), (2), and (3).

(5) A federally licensed firearms dealer shall retain a copy

of the signed statements prescribed in subsection (4) and, if

applicable, a copy of the receipt prescribed in subsection (2)(b),

for at least 6 years.

(6) A federally licensed firearms dealer in this state shall

post in a conspicuous manner at the entrances, exits, and all

points of sale on the premises where firearms are sold a notice

that says the following: "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.".

(7) A federally licensed firearms dealer is not liable for

damages arising from the use or misuse of a firearm if the sale

complies with this section, any other applicable law of this state,

and applicable federal law.

(8) This section does not create a civil action or liability

for damages arising from the use or misuse of a firearm or

ammunition for a person, other than a federally licensed firearms

dealer, who produces a firearm or ammunition.

(9) Subject to subsections (10) to (12), a political

subdivision shall not bring a civil action against any person who

that produces a firearm or ammunition. The authority to bring a

civil action under this section is reserved exclusively to the

state and can be brought only by the attorney general. The court

shall award costs and reasonable attorney fees to each defendant

named in a civil action filed in violation of this subsection.

(10) Subject to subsection (11), subsection (9) does not

prohibit a civil action by a political subdivision based on 1 or

more of the following, which the court shall narrowly construe:

(a) A breach of contract, other contract issue, or an action

based on a provision of the uniform commercial code, 1962 PA 174,

MCL 440.1101 to 440.11102, 440.9994, in which the political

subdivision is the purchaser and owner of the firearm or

ammunition.

(b) Expressed or implied warranties arising from the purchase

of a firearm or ammunition by the political subdivision or the use

of a firearm or ammunition by an employee or agent of the political

subdivision.

action when an employee or agent or property of the political

subdivision has been injured or damaged as a result of a defect in

the design or manufacture of the firearm or ammunition purchased

and owned by the political subdivision.

(11) Subsection (10) does not allow an action based on any of

the following:

(a) A firearm's or ammunition's inherent potential to cause

injury, damage, or death.

(b) Failure to warn the purchaser, transferee, or user of the

firearm's or ammunition's inherent potential to cause injury,

damage, or death.

device or mechanism to prevent a firearm or ammunition from being

discharged by an unauthorized person unless specifically provided

for by contract.

(12) Subsections (9) through (11) do not create a civil

action.

(13) Subsections (9) through (11) are intended only to clarify

the current status of the law in this state, are remedial in

nature, and, therefore, apply to a civil action pending on the

effective date of this act.

(14) Beginning September 1, 2000, a person who violates this

section is guilty of a crime as follows:

(a) Except as provided in subdivision (b) or (c), the person

is guilty of a misdemeanor punishable by imprisonment for not more

than 93 days or a fine of not more than $500.00, or both.

(b) For a second conviction, the person is guilty of a

misdemeanor punishable by imprisonment for not more than 1 year or

a fine of not more than $1,000.00, or both.

of a felony punishable by imprisonment for not more than 2 years or

a fine of not more than $5,000.00, or both.

(15) As used in this section:

(a) "Federally licensed firearms dealer" means a person

licensed under section 923 of title 18 of the United States Code,

18 U.S.C. USC 923.

(b) "Firearm or ammunition" includes a component of a firearm

or ammunition.

corporation, association, or other legal entity.

(d) "Political subdivision" means a county, city, village,

township, charter township, school district, community college, or

public university or college.

(e) "Produce" means to manufacture, construct, design,

formulate, develop standards for, prepare, process, assemble,

inspect, test, list, certify, give a warning or instructions

regarding, market, sell, advertise, package, label, distribute, or

transfer.