Act No. 242

Public Acts of 2005

Approved by the Governor

November 22, 2005

Filed with the Secretary of State

November 22, 2005

EFFECTIVE DATE: November 22, 2005

STATE OF MICHIGAN

93RD LEGISLATURE

REGULAR SESSION OF 2005

Introduced by Reps. Hildenbrand, Taub, Vander Veen, Adamini, Brown, Stahl, Hansen, Wenke, Marleau, Baxter, Gosselin, Sheltrown, Caswell, Hune, Jones, Nitz, Rocca, Ball, Elsenheimer, Acciavatti, Robertson, Hoogendyk, Mortimer, Lemmons, Jr., Sheen, Pavlov, Pearce, Proos, Schuitmaker and Lemmons, III

ENROLLED HOUSE BILL No. 4978

AN ACT 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," (MCL 28.421 to28.435) by adding section 6.

The People of the State of Michigan enact:

Sec. 6. A license shall not be issued to an applicant under section 2 or 5b unless both of the following apply:

(a) The issuing agency has determined through the federal national instant criminal background check system (NICS) that the applicant is not prohibited under federal law from possessing or transporting a firearm.

(b) If the applicant is not a United States citizen, the issuing agency has verified through the United States immigration and customs enforcement databases that the applicant is not an illegal alien or a nonimmigrant alien.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor