HB-5473, As Passed Senate, September 22, 2010

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5473

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1927 PA 372, entitled

 

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

possessing, and carrying of certain firearms and gas ejecting

devices; to prohibit the buying, selling, or carrying of certain

firearms and gas ejecting devices without a license or other

authorization; to provide for the forfeiture of firearms 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 section 12 (MCL 28.432), as amended by 2008 PA 195.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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.

 

House Bill No. 5473 (H-1) as amended February 24, 2010

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

 

     (c) An organization authorized by law to purchase or receive

 

weapons from the United States or from this state.

 

     (d) The national guard, armed forces reserves, or other duly

 

authorized military organization.

 

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

 

subdivisions (a) through (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) An individual carrying, possessing, using, or transporting

 

a pistol belonging to another individual, if the other individual's

 

possession of the pistol is authorized 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".

 

     Enacting section 1. This amendatory act takes effect [90 days after

 

House Bill No. 5473 (H-1) as amended February 24, 2010

the date it is enacted.]

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No. ____ or House Bill No. 5520

 

of the 95th Legislature is enacted into law.