October 19, 2011, Introduced by Senators KOWALL, ROBERTSON, JONES, GREEN, MARLEAU, EMMONS, PAPPAGEORGE and MEEKHOF 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 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 1 (MCL 28.421), as amended by 2008 PA 407.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "Felony" means 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.
(b) "Firearm" means a weapon from which a dangerous projectile
may be propelled by an explosive, or by gas or air. Firearm does
not include a smooth bore rifle or handgun designed and
manufactured exclusively for propelling by a spring, or by gas or
BB's BBs not exceeding .177 caliber.
(c) "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,
(d) "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 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
"Pistol" means a loaded or unloaded firearm that is
inches or less in length, or a loaded or unloaded firearm that by
its construction and appearance conceals it as a firearm.
(f) "Purchaser" means a person who receives a pistol from
another person by purchase or gift.
(g) "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.
(h) "Retired police officer" or "retired law enforcement
officer" means an individual who was a police officer or law
enforcement officer who was certified as described under section 9a
of the commission on the law enforcement standards act, 1965 PA
203, MCL 28.609a, and retired in good standing from his or her
employment as a police officer or law enforcement officer.
(i) "Seller" means a person who sells or gives a pistol to
(j) "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
(k) "State court retired judge" means a judge or justice
described in subdivision (j) who is retired, or a retired judge of
the recorders court.
Enacting section 1. This amendatory act takes effect January
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 96th Legislature are
enacted into law:
(a) Senate Bill No. 760.
(b) Senate Bill No. 762.