EXPAND PURCHASE LICENSE EXEMPTIONS FOR

FIREARMS MANUFACTURERSAND DEALERS

House Bill 5473 (Substitute H-1)

House Bill 5520 without amendment

Sponsor:  Rep. Jase Bolger

Committee:  Tourism, Outdoor Recreation and Natural Resources

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A SUMMARY OF HOUSE BILLS 5473 & 5520 AS REPORTED FROM COMMITTEE

House Bills 5473 and 5520 would expand pistol purchase license exemptions for authorized agents of licensed firearms manufacturers and dealers. 

Generally speaking, Section 2 of Michigan’s handgun licensure law prohibits persons from purchasing, carrying, possessing, or transporting a pistol inMichigan without first having obtained a license for it.  The license described in Section 2 is often referred to informally as a "purchase license." 

Section 12 currently exempts the "regular and ordinary transportation of a pistol as merchandise by an authorized agent of a person licensed to manufacture firearms or a licensed dealer" from the Section 2 licensure requirement.  House Bill 5473 would expand this exception to allow authorized agents of firearms manufacturers and licensed firearms dealers to not only transport a pistol as merchandise without a license under Section 2 but to also possess a pistol as merchandise without a Section 2 license for it.  (MCL 28.432) 

Section 2a currently exemptsMichigan concealed pistol license holders from needing a Section 2 license to purchase, carry, possess, or transport a pistol inMichigan. 

House Bill 5520 would expand this exemption to apply also to federally licensed firearms dealers. CPL holders who obtain a new pistol are currently required to complete and submit a record of the acquisition that includes their CPL license number.  The bill would likewise require federally licensed firearms dealers who obtain a new pistol to complete and submit a record that contains their dealer license number.  A "federally licensed firearms dealer" is defined as "a person who holds a Type 01 dealer license under 19USC 923."  House Bill 5520 would take effect onJanuary 1, 2010, and is tie-barred to House Bill 5473, meaning that it would not take effect unless that bill is also enacted into law.  (MCL 28.422a)

FISCAL IMPACT:

           The bills would not have a fiscal impact on the state or local government. 

                                                                                           Legislative Analyst:   Shannan Kane

                                                                                                   Fiscal Analyst:   Jan Wisniewski         

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.