BillCam

HOUSE BILL No. 4554

May 2, 2017, Introduced by Reps. Chatfield, Cole, Johnson, LaFave, Miller, Glenn, Tedder, Kahle, Barrett, Alexander, Theis, Lucido, Hornberger, Runestad, Hauck, Hoitenga, Hernandez and Vaupel 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 2 and 2a (MCL 28.422 and 28.422a), section 2

as amended by 2015 PA 200 and section 2a as amended by 2016 PA 301.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 2. (1) Except as otherwise provided in this act, a person

shall not purchase, carry, possess, or transport a pistol in this

state without first having obtained a license for the pistol as

prescribed in this section.

(2) A person An individual who brings a pistol into this state

who is on leave from active duty with the armed forces Armed Forces

of the United States or who has been discharged from active duty

with the armed forces Armed Forces of the United States shall

obtain a license for the pistol within 30 days after his or her

arrival in this state.

(3) The commissioner or chief of police of a city, township,

or village police department that issues licenses to purchase,

carry, possess, or transport pistols, or his or her duly authorized

deputy, or the sheriff or his or her duly authorized deputy, in the

parts of a county not included within a city, township, or village

having an organized police department, in discharging the duty to

issue licenses shall with due speed and diligence issue licenses to

purchase, carry, possess, or transport pistols to qualified

applicants unless he or she has probable cause to believe that the

applicant would be a threat to himself or herself or to other

individuals, or would commit an offense with the pistol that would

violate a law of this or another state or of the United States. An

applicant is qualified if all of the following circumstances exist:

(a) The person individual is not subject to an order or

disposition for which he or she has received notice and an

opportunity for a hearing, and which was entered into the law

enforcement information network under any of the following:

(i) Section 464a of the mental health code, 1974 PA 258, MCL

330.1464a.

(ii) Section 5107 of the estates and protected individuals

code, 1998 PA 386, MCL 700.5107, or section 444a of former 1978 PA

642.

(iii) Section 2950 of the revised judicature act of 1961, 1961

PA 236, MCL 600.2950.

(iv) Section 2950a of the revised judicature act of 1961, 1961

PA 236, MCL 600.2950a.

(v) Section 14 of 1846 RS 84, MCL 552.14.

(vi) Section 6b of chapter V of the code of criminal

procedure, 1927 PA 175, MCL 765.6b, if the order has a condition

imposed under section 6b(3) of chapter V of the code of criminal

procedure, 1927 PA 175, MCL 765.6b.

(vii) Section 16b of chapter IX of the code of criminal

procedure, 1927 PA 175, MCL 769.16b.

(b) The person individual is 18 years of age or older or, if

the seller is licensed under 18 USC 923, is 21 years of age or

older.

an alien lawfully admitted into the United States and is a legal

resident of this state. For the purposes of this section, a person

an individual is considered a legal resident of this state if any

of the following apply:

(i) The person individual has a valid, lawfully obtained

Michigan driver license issued under the Michigan vehicle code,

1949 PA 300, MCL 257.1 to 257.923, or an official state personal

identification card issued under 1972 PA 222, MCL 28.291 to 28.300.

(ii) The person individual is lawfully registered to vote in

this state.

(iii) The person individual is on active duty status with the

United States armed forces Armed Forces and is stationed outside of

this state, but the person's individual's home of record is in this

state.

(iv) The person individual is on active duty status with the

United States armed forces Armed Forces and is permanently

stationed in this state, but the person's individual's home of

record is in another state.

(d) A felony charge or a criminal charge listed in section 5b

against the person individual is not pending at the time of

application.

(e) The person individual is not prohibited from possessing,

using, transporting, selling, purchasing, carrying, shipping,

receiving, or distributing a firearm under section 224f of the

Michigan penal code, 1931 PA 328, MCL 750.224f.

(f) The person individual has not been adjudged insane in this

state or elsewhere unless he or she has been adjudged restored to

sanity by court order.

(g) The person individual is not under an order of involuntary

commitment in an inpatient or outpatient setting due to mental

illness.

(h) The person individual has not been adjudged legally

incapacitated in this state or elsewhere. This subdivision does not

apply to a person an individual who has had his or her legal

capacity restored by order of the court.

(4) Applications An applicant for licenses a license under

this section shall be signed by the applicant sign the application

under oath upon forms on a form provided by the director of the

department of state police. Licenses A licensing authority shall

issue a license to purchase, carry, possess, or transport pistols

shall be executed in triplicate upon forms on a form provided by

the director of the department of state police. and shall be signed

by the The licensing authority shall sign any license issued under

this section. Three The licensing authority shall deliver 3 copies

of the license shall be delivered to the applicant. by the

licensing authority. A license is void unless used within 30 days

after the date it is issued.

(5) If an individual purchases or otherwise acquires a pistol,

the seller shall fill out the license forms describing the pistol,

together with the date of sale or acquisition, and sign his or her

name in ink indicating that the pistol was sold to or otherwise

acquired by the purchaser. The purchaser shall also sign his or her

name in ink indicating the purchase or other acquisition of the

pistol from the seller. The seller may retain a copy of the license

as a record of the transaction. The purchaser shall receive 2

copies of the license. The purchaser shall may return 1 copy of the

license to the licensing authority. within 10 days after the date

the pistol is purchased or acquired. The purchaser may return of

the copy to the licensing authority may be made in person or may be

made by first-class mail or certified mail sent within the 10-day

period to the proper address of the licensing authority. A

purchaser who fails to comply with the requirements of this

subsection is responsible for a state civil infraction and may be

fined not more than $250.00. If a purchaser is found responsible

for a state civil infraction under this subsection, the court shall

notify the department of state police of that determination.

(6) Within 10 days after receiving the license copy returned

under subsection (5), the licensing authority shall electronically

enter the information into the pistol entry database as required by

the department of state police if it has the ability to

electronically enter that information. If the licensing authority

does not have that ability, the licensing authority shall provide

that information to the department of state police in a manner

otherwise required by the department of state police. Any licensing

authority that provided pistol descriptions to the department of

state police under former section 9 of this act shall continue to

provide pistol descriptions to the department of state police under

this subsection. Within 48 hours after entering or otherwise

providing the information on the license copy returned under

subsection (5) to the department of state police, the licensing

authority shall forward the copy of the license to the department

of state police. The purchaser has the right to obtain a copy of

the information placed in the pistol entry database under this

subsection to verify the accuracy of that information. The

licensing authority may charge a fee not to exceed $1.00 for the

cost of providing the copy. If an individual requests that his or

her information be removed from the pistol entry database, the

department of state police shall remove that information within 14

days of the request. The department of state police shall

immediately notify an individual by first-class mail that his or

her information has been removed from the pistol entry database.

The licensee may carry, use, possess, and transport the pistol for

30 days beginning on the date of purchase or acquisition only while

he or she is in possession of his or her copy of the license.

However, the person is not required to have the license in his or

her possession while carrying, using, possessing, or transporting

the pistol after this period.

(7) This section does not apply to the purchase of pistols

from wholesalers by dealers regularly engaged in the business of

selling pistols at retail, or to the sale, barter, or exchange of

pistols kept as relics or curios not made for modern ammunition or

permanently deactivated.

(8) This section does not prevent the transfer of ownership of

pistols to an heir or devisee, whether by testamentary bequest or

by the laws of intestacy regardless of whether the pistol is

registered with this state. An individual who has inherited a

pistol shall obtain a license as required in this section within 30

days of taking physical possession of the pistol. The license may

be signed by a next of kin of the decedent or the person authorized

to dispose of property under the estates and protected individuals

code, 1998 PA 386, MCL 700.1101 to 700.8206, including when the

next of kin is the individual inheriting the pistol. If the heir or

devisee is not qualified for a license under this section, the heir

or devisee may direct the next of kin or person authorized to

dispose of property under the estates and protected individuals

code, 1998 PA 386, MCL 700.1101 to 700.8206, to dispose of the

pistol in any manner that is lawful and the heir or devisee

considers appropriate. The person authorized to dispose of property

under the estates and protected individuals code, 1998 PA 386, MCL

700.1101 to 700.8206, is not required to obtain a license under

this section if he or she takes temporary lawful possession of the

pistol in the process of disposing of the pistol pursuant to the

decedent's testamentary bequest or the laws of intestacy. A law

enforcement agency may not seize or confiscate a pistol being

transferred by testamentary bequest or the laws of intestacy unless

the heir or devisee does not qualify for obtaining a license under

this section and the next of kin or person authorized to dispose of

property under the estates and protected individuals code, 1998 PA

386, MCL 700.1101 to 700.8206, is unable to retain his or her

temporary possession of the pistol or find alternative lawful

storage. If a law enforcement agency seizes or confiscates a pistol

under this subsection, the heir or devisee who is not qualified to

obtain a license under this section retains ownership interest in

the pistol and, within 30 days of being notified of the seizure or

confiscation, may file with a court of competent jurisdiction to

direct the law enforcement agency to lawfully transfer or otherwise

dispose of the pistol. A pistol seized under this subsection shall

not be destroyed, sold, or used while in possession of the seizing

entity or its agents until 30 days have passed since the heir or

devisee has been notified of the seizure and no legal action

regarding the lawful possession or ownership of the seized pistol

has been filed in any court and is pending. As used in this

subsection:

(a) "Devisee" means that term as defined in section 1103 of

the estates and protected individuals code, 1998 PA 386, MCL

700.1103.

(b) "Heir" means that term as defined in section 1104 of the

estates and protected individuals code, 1998 PA 386, MCL 700.1104.

(9) An individual who is not a resident of this state is not

required to obtain a license under this section if all of the

following conditions apply:

(a) The individual is licensed in his or her state of

residence to purchase, carry, or transport a pistol.

(b) The individual is in possession of the license described

in subdivision (a).

possesses, carries, or transports.

(d) The individual possesses the pistol for a lawful purpose.

(e) The individual is in this state for a period of 180 days

or less and does not intend to establish residency in this state.

(10) An individual who is a nonresident of this state shall

present the license described in subsection (9)(a) upon the demand

of a police officer. An individual who violates this subsection is

guilty of a misdemeanor punishable by imprisonment for not more

than 90 days or a fine of not more than $100.00, or both.

(11) The licensing authority may require a person an

individual claiming active duty status with the United States armed

forces Armed Forces to provide proof of 1 or both of the following:

(a) The person's individual's home of record.

(b) Permanent active duty assignment in this state.

(12) This section does not apply to a person an individual who

is younger than the age required under subsection (3)(b) and who

possesses a pistol if all of the following conditions apply:

(a) The person individual is not otherwise prohibited from

possessing that pistol.

(b) The person individual is at a recognized target range.

of target practice or instruction in the safe use of a pistol.

(d) The person individual is in the physical presence and

under the direct supervision of any of the following:

(i) The person's individual's parent.

(ii) The person's individual's guardian.

(iii) An individual who is 21 years of age or older, who is

authorized by the person's individual's parent or guardian, and who

has successfully completed a pistol safety training course or class

that meets the requirements of section 5j(1)(a), (b), or (d), and

received a certificate of completion.

(e) The owner of the pistol is physically present.

(13) This section does not apply to a person an individual who

possesses a pistol if all of the following conditions apply:

(a) The person individual is not otherwise prohibited from

possessing a pistol.

(b) The person individual is at a recognized target range or

shooting facility.

of target practice or instruction in the safe use of a pistol.

(d) The owner of the pistol is physically present and

supervising the use of the pistol.

(14) A person An individual who forges any matter on an

application for a license under this section is guilty of a felony,

punishable by imprisonment for not more than 4 years or a fine of

not more than $2,000.00, or both.

(15) A licensing authority shall implement this section during

all of the licensing authority's normal business hours and shall

set hours for implementation that allow an applicant to use the

license within the time period set forth in subsection (4).

Sec. 2a. (1) The following individuals are not required to

obtain a license under section 2 to purchase, carry, possess, use,

or transport a pistol:

(a) An individual licensed under section 5b, except for an

individual who has an emergency license issued under section 5a(4)

or a receipt serving as a concealed pistol license under section

5b(9) or 5l(3).

(b) A federally licensed firearms dealer.

licensed firearms dealer in compliance with 18 USC 922(t).

(d) An individual currently employed as a police officer who

is licensed or certified under the Michigan commission on law

enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615.

(2) If an individual described in subsection (1) purchases or

otherwise acquires a pistol, the seller shall complete a record in

triplicate on a form provided by the department of state police.

The record shall include that includes the purchaser's concealed

weapon license number, the number of the purchaser's license or

certificate issued under the Michigan commission on law enforcement

standards act, 1965 PA 203, MCL 28.601 to 28.615, or, if the

purchaser is a federally licensed firearms dealer, his or her

dealer license number. If the purchaser is not licensed under

section 5b or does not have a license or certificate issued under

the Michigan commission on law enforcement standards act, 1965 PA

203, MCL 28.601 to 28.615, and is not a federally licensed firearms

dealer, the record shall must include the dealer license number of

the federally licensed firearms dealer who is selling the pistol.

The purchaser shall sign the record. The seller may retain 1 copy

of the record. The purchaser shall receive 2 copies of the record

and may forward 1 copy to the police department of the city,

village, or township in which the purchaser resides, or, if the

purchaser does not reside in a city, village, or township having a

police department, to the county sheriff. , within 10 days

following the purchase or acquisition. The purchaser may return of

the copy to the police department or county sheriff may be made in

person or may be made by first-class mail or certified mail sent

within the 10-day period to the proper address of the police

department or county sheriff. A purchaser who fails to comply with

the requirements of this subsection is responsible for a state

civil infraction and may be fined not more than $250.00. If a

purchaser is found responsible for a state civil infraction under

this subsection, the court shall notify the department of state

police. If the purchaser is licensed under section 5b, the court

shall notify the licensing authority of that determination.

(3) Within 10 days after receiving the record copy returned

under subsection (2), the police department or county sheriff shall

electronically enter the information into the pistol entry database

as required by the department of state police if it has the ability

to electronically enter that information. If the police department

or county sheriff does not have that ability, the police department

or county sheriff shall provide that information to the department

of state police in a manner otherwise required by the department of

state police. Any police department or county sheriff that provided

pistol descriptions to the department of state police under former

section 9 of this act shall continue to provide pistol descriptions

to the department of state police under this subsection. Within 48

hours after entering or otherwise providing the information on the

record copy returned under subsection (2) to the department of

state police, the police department or county sheriff shall forward

the copy of the record to the department of state police. The

purchaser has the right to may obtain a copy of the information

placed in the pistol entry database under this subsection to verify

the accuracy of that information. The police department or county

sheriff may charge a fee not to exceed $1.00 for the cost of

providing the copy. If an individual requests that his or her

information be removed from the pistol entry database, the

department of state police shall remove that information within 14

days of the request. The department of state police shall

immediately notify an individual by first-class mail that his or

her information has been removed from the pistol entry database.

The purchaser may carry, use, possess, and transport the pistol for

30 days beginning on the date of purchase or acquisition only while

he or she is in possession of his or her copy of the record.

However, the person is not required to have the record in his or

her possession while carrying, using, possessing, or transporting

the pistol after this period.

(4) This section does not apply to a person or entity exempt

under section 2(7).

(5) An individual who makes a material false statement on a

sales record under this section is guilty of a felony punishable by

imprisonment for not more than 4 years or a fine of not more than

$2,500.00, or both.

(6) The department of state police may promulgate rules to

implement this section.

(7) The Michigan commission on law enforcement standards shall

provide license or certificate information, as applicable, to the

department of state police to verify the requirements of this

section.

(8) As used in this section:

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

licensed to sell firearms under 18 USC 923.

(b) "Person" means an individual, partnership, corporation,

association, or other legal entity.

Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.