HB-5225, As Passed House, December 14, 2012HB-5225, As Passed Senate, December 14, 2012

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 5225

 

 

 

 

 

 

 

 

 

 

 

     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 2010 PA 20 and section 2a as amended by 2010 PA 210;

 

and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. (1) Except as otherwise provided in this section 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 who brings a pistol into this state who is on

 

leave from active duty with the armed forces of the United States

 

or who has been discharged from active duty with the 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 residing within the city, village, township, or county,

 

as applicable 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 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 pursuant to 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 is 18 years of age or older or, if the seller

 

is licensed under 18 USC 923, is 21 years of age or older.

 

     (c) The person is a citizen of the United States or an alien

 

lawfully admitted into the United States and is a legal resident of

 

this state. For the purposes of this section, a person shall be

 

considered a legal resident of this state if any of the following

 

apply:

 

     (i) The person 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 is lawfully registered to vote in this state.

 

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

 


armed forces and is stationed outside of this state, but the

 

person's home of record is in this state.

 

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

 

armed forces and is permanently stationed in this state, but the

 

person's home of record is in another state.

 

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

 

against the person is not pending at the time of application.

 

     (e) The person 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 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 is not under an order of involuntary commitment

 

in an inpatient or outpatient setting due to mental illness.

 

     (h) The person has not been adjudged legally incapacitated in

 

this state or elsewhere. This subdivision does not apply to a

 

person who has had his or her legal capacity restored by order of

 

the court.

 

     (i) The person correctly answers 70% or more of the questions

 

on a basic pistol safety review questionnaire approved by the

 

department of state police and provided to the individual free of

 

charge by the licensing authority. If the person fails to correctly

 

answer 70% or more of the questions on the basic pistol safety

 

review questionnaire, the licensing authority shall inform the

 

person of the questions he or she answered incorrectly and allow

 


the person to attempt to complete another basic pistol safety

 

review questionnaire. The person shall not be allowed to attempt to

 

complete more than 2 basic pistol safety review questionnaires on

 

any single day. The licensing authority shall allow the person to

 

attempt to complete the questionnaire during normal business hours

 

on the day the person applies for his or her license.

 

     (4) Applications for licenses under this section shall be

 

signed by the applicant under oath upon forms provided by the

 

director of the department of state police. Licenses to purchase,

 

carry, possess, or transport pistols shall be executed in

 

quadruplicate triplicate upon forms provided by the director of the

 

department of state police and shall be signed by the licensing

 

authority. Four Three copies of the license shall be delivered to

 

the applicant by the licensing authority. A license is void unless

 

used within 10 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 3 2

 

copies of the license. The purchaser shall return 2 copies 1 copy

 

of the license to the licensing authority within 10 days after the

 

date the pistol is purchased or acquired. The return of the copies

 

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 48 hours after receiving the license copies

 

returned under subsection (5), the licensing authority shall

 

forward 1 copy of the license to the department of state police.

 

The licensing authority shall retain the other copy of the license

 

as an official record for not less than 6 years. Within 10 days

 

after receiving the license copies 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. 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. This section does not prevent the transfer

 

of ownership of pistols that are inherited if the license to

 

purchase is approved by the commissioner or chief of police,

 

sheriff, or their authorized deputies, and signed by the personal

 

representative of the estate or by the next of kin having authority

 

to dispose of the pistol.

 

     (8) 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).

 


     (c) The individual is the owner of the pistol he or she

 

possesses, carries, or transports.

 

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

 

as that term is defined in section 231a of the Michigan penal code,

 

1931 PA 328, MCL 750.231a.

 

     (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.

 

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

 

present the license described in subsection (8)(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.

 

     (10) The licensing authority may require a person claiming

 

active duty status with the United States armed forces to provide

 

proof of 1 or both of the following:

 

     (a) The person's home of record.

 

     (b) Permanent active duty assignment in this state.

 

     (11) This section does not apply to a person 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 is not otherwise prohibited from possessing

 

that pistol.

 

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

 

     (c) The person possesses the pistol for the purpose of target

 

practice or instruction in the safe use of a pistol.

 

     (d) The person's parent or guardian is physically present and

 

supervising the person.

 


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

 

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

 

pistol if all of the following conditions apply:

 

     (a) The person is not otherwise prohibited from possessing a

 

pistol.

 

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

 

facility.

 

     (c) The person possesses the pistol for the purpose 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.

 

     (13) The licensing authority shall provide a basic pistol

 

safety brochure to each applicant for a license under this section

 

before the applicant answers the basic pistol safety review

 

questionnaire. A basic pistol safety brochure shall contain, but is

 

not limited to providing, information on all of the following

 

subjects:

 

     (a) Rules for safe handling and use of pistols.

 

     (b) Safe storage of pistols.

 

     (c) Nomenclature and description of various types of pistols.

 

     (d) The responsibilities of owning a pistol.

 

     (14) The basic pistol safety brochure shall be supplied in

 

addition to the safety pamphlet required by section 9b.

 

     (15) The basic pistol safety brochure required in subsection

 

(13) shall be produced by a national nonprofit membership

 

organization that provides voluntary pistol safety programs that

 

include training individuals in the safe handling and use of

 


pistols.

 

     (13) (16) A person 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.

 

     (14) (17) 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) An individual who is licensed under section 5b to

 

carry a concealed pistol or who is a federally licensed firearms

 

dealer is 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.

 

     (b) A federally licensed firearms dealer.

 

     (c) An individual who purchases a pistol from a federally

 

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

 

     (2) If an individual licensed under section 5b or a federally

 

licensed firearms dealer described in subsection (1) purchases or

 

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

 

quadruplicate triplicate on a form provided by the department of

 

state police. The record shall include the purchaser's concealed

 

weapon license number 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 and is not a federally licensed

 

firearms dealer, the record shall include the dealer license number

 


House Bill No. 5225 (S-3) as amended December 13, 2012

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 3 2 copies of the

 

record and forward 2 copies 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 return of the copies

 

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 [concealed weapon licensing board that issued the

 

license LICENSING AUTHORITY] of that determination.

 

     (3) Within 48 hours after receiving the record copies returned

 

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

 

forward 1 copy of the record to the department of state police. The

 

police department or county sheriff shall retain the other copy of

 

the record as an official record for not less than 6 years. Within

 

10 days after receiving the record copies 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 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. 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) As used in this section, "federally licensed firearms

 

dealer" means an individual who holds a type 01 dealer license

 

under 18 USC 923.

 

     Enacting section 1. Sections 9a, 9b, 9c, and 11 of 1927 PA

 

372, MCL 28.429a, 28.429b, 28.429c, and 28.431, are repealed.