August 21, 2007, Introduced by Reps. Sheltrown, Lemmons, Brown, McDowell, Lahti, Byrum, Simpson, Stahl, Farrah, Melton, Mayes, Miller, Pavlov, Palsrok, Hansen, Rick Jones, Horn, Casperson, Angerer, Gaffney, Wojno, Dean, Caswell, Schuitmaker, Stakoe, Hammon, Booher, Calley and Acciavatti and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
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 5j (MCL 28.425j), as amended by 2004 PA 254.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5j. (1) A pistol training or safety program described in
section 5b(7)(c) meets the requirements for knowledge or training
in the safe use and handling of a pistol only if the program
consists of not less than 8 hours of instruction and all of the
following conditions are met:
(a) The program is certified by this state or a national or
state firearms training organization and provides 5 hours of
instruction in, but is not limited to providing instruction in, all
of the following:
(i) The safe storage, use, and handling of a pistol including,
but not limited to, safe storage, use, and handling to protect
child safety.
(ii) Ammunition knowledge, and the fundamentals of pistol
shooting.
(iii) Pistol shooting positions.
(iv) Firearms and the law, including civil liability issues and
the use of deadly force. This portion shall be taught by an
attorney or an individual trained in the use of deadly force.
(v) Avoiding criminal attack and controlling a violent
confrontation.
(vi) All laws that apply to carrying a concealed pistol in this
state.
(b) The program provides at least 3 hours of instruction on a
firing range and requires firing at least 30 rounds of ammunition.
(c) The program provides a certificate of completion that
states the program complies with the requirements of this section
and that the individual successfully completed the course, and that
contains the printed name and signature of the course instructor.
Not
later than October 1, 2004, the The
certificate of completion
shall contain the statement, "This course complies with section 5j
of 1927 PA 372."
(d) The instructor of the course is certified by this state or
a national organization to teach the 8-hour pistol safety training
course described in this section.
(2) A person shall not do either of the following:
(a) Grant a certificate of completion described under
subsection (1)(c) to an individual knowing the individual did not
satisfactorily complete the course.
(b) Present a certificate of completion described under
subsection (1)(c) to a concealed weapon licensing board knowing
that the individual did not satisfactorily complete the course.
(3) A person who violates subsection (2) 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.
(4) A concealed weapons licensing board shall not require that
a specific form, color, wording, or other content appear on a
certificate of completion, except as provided in subsection (5),
and
shall accept as valid a certificate of completion issued prior
to
the effective date of the amendatory act that added this
subsection
before July 23, 2004, that contains an inaccurate
reference or no reference to this section but otherwise complies
with this section.
(5)
Beginning October 1, 2004, a A
concealed weapons licensing
board shall require that a certificate of completion contain the
statement, "This course complies with section 5j of 1927 PA 372.".
(6) The training requirements of section 5b(7)(c) and this
section do not apply to an individual to which both of the
following apply:
(a) The individual provides documentation that the individual
is honorably discharged from the armed forces of this state,
another state, or the United States.
(b) The individual successfully completed training in the
armed forces in the use of a pistol and was qualified to use a
pistol in the armed forces. Proof of training and qualification
under this subdivision shall consist of a notarized statement
signed by the individual stating that he or she successfully
completed training in the armed forces in the use of a pistol and
was qualified to use a pistol in the armed forces.
(c) The individual certifies that he or she has completed at
least 3 hours review of the training described under this section
and has at least 1 hour of firing range time in the 6 months
preceding the application.
(7) The training requirements of section 5b(7)(c) and this
section do not apply to an individual who is a peace officer or who
formerly was a peace officer.