February 21, 2013, Introduced by Reps. Shirkey, Franz, Poleski, Hooker, Lyons, McMillin and LaVoy 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), as amended
by 2012 PA 377, and by adding section 12c.
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 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 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 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 is
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.
(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
triplicate
duplicate upon forms provided by the director of the
department of state police and shall be signed by the licensing
authority.
Three Two 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
a copy of the license. The purchaser shall return 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 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. 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.
(6) (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.the individual
who inherits the pistol
qualifies for and obtains a license as required in this section and
the license is signed by the personal representative of the estate
or by the next of kin having authority to dispose of the pistol,
including situations where the next of kin is the individual
inheriting the pistol. A pistol shall not be seized or confiscated
by law enforcement if an heir or devisee is not qualified for a
license under this section, unless the estate does not choose to,
or is unable to, retain possession or find temporary alternative
storage for the pistol. A law enforcement agency shall not sell,
destroy, or otherwise dispose of or use any pistol that it obtains
as a result of nonqualified heirs or devisees until the pistol
remains unclaimed in their possession for a period of 1 year. This
time frame does not apply, and the pistol may not be sold,
destroyed, or otherwise disposed of, if the heir or devisee is
under 21 years of age or if any legal action regarding ownership of
the pistol has been filed in any court and is pending. As used in
this subsection, "heir" means that term as defined in section 1104
of the estates and protected individuals code, 1998 PA 386, MCL
700.1104.
(7) (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.
(8) (9)
An individual who is a nonresident
of this state shall
present
the license described in subsection (8)(a) (7)(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.
(9) (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.
(10) (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.
(11) (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.
(12) (13)
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.
(13) (14)
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.
(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 described in subsection (1) purchases or
otherwise acquires a pistol, the seller shall complete a record in
triplicate
duplicate 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
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 a copy
of
the record. and 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 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 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.
(3) (4)
This section does not apply to a
person or entity
exempt
under section 2(7).2(6).
(4) (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.
(5) (6)
The department of state police may
promulgate rules to
implement this section.
(6) (7)
As used in this section,
"federally licensed firearms
dealer" means an individual who holds a type 01 dealer license
under 18 USC 923.
Sec. 12c. (1) A seller or a federally licensed firearms dealer
shall not do any of the following:
(a) Create a visible representation or a biometric record of
an individual who is purchasing a firearm or ammunition, except for
a visible representation created incidentally to the routine use of
surveillance cameras.
(b) Link a visible representation of a firearm or ammunition
transaction to an individual, except at the request of law
enforcement or pursuant to a court order.
(2) A person who violates this section is guilty of a
misdemeanor punishable by imprisonment for not more than 1 year or
a fine of not more than $500.00, or both.