HB-5225, As Passed House, June 13, 2012

SUBSTITUTE FOR

HOUSE BILL NO. 5225

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 sections 2b, 6, and 14a (MCL 28.422b, 28.426, and

28.434a), section 2b as amended by 2001 PA 199, section 6 as added

by 2005 PA 242, and section 14a as added by 2010 PA 295, and by

adding section 2c; and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 2b. (1) Except as provided in subsection (6), upon entry

of an order or disposition into the law enforcement information

network under any provision of law described in ~~section 2(3)(a),~~

subsection (7), the department of state police shall immediately

send written notice of that entry to the person who is the subject

of the order or disposition. The notice shall be sent by first-

class mail to the last known address of the person. The notice

shall include at least all of the following:

(a) The name of the person.

(b) The date the order or disposition was entered into the law

enforcement information network.

~~purchase a pistol or obtain~~ a concealed weapon license until the

order or disposition is removed from the law enforcement

information network.

(d) A statement that the person may request that the state

police correct or expunge inaccurate information entered into the

law enforcement information network.

(2) A person who is the subject of an order entered into the

law enforcement information network under any provision of law

described in ~~section 2(3)(a)~~ subsection (7) may request that the

department of state police do either of the following:

(a) Amend an inaccuracy in the information entered into the

law enforcement information network under any provision of law

described in ~~section 2(3)(a).~~subsection (7).

(b) Expunge the person's name and other information concerning

the person from the law enforcement information network regarding 1

or more specific entries in the law enforcement information network

under any provision of law described in ~~section 2(3)(a)~~ subsection

(7) because 1 or more of the following circumstances exist:

(i) The person is not subject to an order of involuntary

commitment in an inpatient or outpatient setting due to mental

illness.

(ii) The person is not subject to an order or disposition

determining that the person is legally incapacitated.

(iii) The person is not subject to a personal protection order

issued under any of the following:

(A) Section 2950 of the revised judicature act of 1961, 1961

PA 236, MCL 600.2950.

(B) Section 2950a of the revised judicature act of 1961, 1961

PA 236, MCL 600.2950a.

(iv) The person is not subject to an order for release subject

to protective conditions that prohibits the purchase or possession

of a firearm by the person issued under section 6b of chapter V of

the code of criminal procedure, 1927 PA 175, MCL 765.6b.

(3) Before the expiration of 30 days after a request is made

to amend an inaccuracy in the law enforcement information network

under subsection ~~(2)(a)~~ (7) or to expunge 1 or more specific

entries from the law enforcement information network under

subsection (2)(b)(i) to (iv), the department of state police shall

conduct an investigation concerning the accuracy of the information

contained in the law enforcement information network, either grant

or deny the request and provide the person with written notice of

that grant or denial. A notice of denial shall include a statement

specifying the basis of the denial, and that a person may appeal

the denial ~~pursuant to~~ under the administrative procedures act of

1969, 1969 PA 306, MCL 24.201 to 24.328.

(4) If the department of state police refuses a request by a

person for amendment or expunction under subsection (2), or fails

to act within 30 days after receiving the request under subsection

(2), the person may request a hearing before a hearing officer

appointed by the department of state police for a determination of

whether information entered into the law enforcement information

network should be amended or expunged because it is inaccurate or

false. The department of state police shall conduct the hearing

~~pursuant to~~ in compliance with the administrative procedures act of

1969, 1969 PA 306, MCL 24.201 to 24.328.

(5) Information contained in an order or disposition filed

with the department of state police under any provision of law

described in ~~section 2(3)(a)(~~i~~) to (~~~~vii~~) subsection (7) is exempt

from public disclosure under the freedom of information act, 1976

PA 442, MCL 15.231 to 15.246.

(6) The department of state police shall not send written

notice of an entry of an order or disposition into the law

enforcement information network as required for a personal

protection order issued under section 2950 or 2950a of the revised

judicature act of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a,

until that department has received notice that the respondent of

the order has been served with or has received notice of the

personal protection order.

(7) The orders or dispositions to which this section applies

are as follows:

(a) Section 464a of the mental health code, 1974 PA 258, MCL

330.1464a.

(b) Section 5107 of the estates and protected individuals

code, 1998 PA 386, MCL 700.5107, or section 444a of former 1978 PA

642.

PA 236, MCL 600.2950.

(d) Section 2950a of the revised judicature act of 1961, 1961

PA 236, MCL 600.2950a.

(e) Section 14 of 1846 RS 84, MCL 552.14.

(f) 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.

(g) Section 16b of chapter IX of the code of criminal

procedure, 1927 PA 175, MCL 769.16b.

Sec. 2c. (1) The director of the department of state police,

the sheriff of each county, and the commissioner or chief of police

of each city, village, and township police department shall destroy

all records held by or under the control of that police department

or sheriff's department that were received, compiled, or retained

under section 2, 2a, or 11, or under former section 9, including

all copies of those records. Except as provided in subsection (2),

the destruction of those records shall be completed within 6 months

after the effective date of the amendatory act that added this

section.

(2) Subsection (1) does not apply to a record or copy of a

record that is being held as evidence in a criminal prosecution or

civil proceeding that has been initiated and is pending on the

effective date of the amendatory act that added this section.

However, if a record or copy of a record is held as evidence, the

record or copy of a record shall be destroyed within 30 days after

it is no longer being held as evidence in that civil or criminal

prosecution or civil proceeding.

(3) Each department shall provide a report of its compliance

with this section to the secretary of the senate and the clerk of

the house of representatives within 30 days after the 6-month

period described in subsection (1) has expired. The report required

under this section shall separately identify the number of records

and copies of records retained as evidence under subsection (2).

Each department shall also provide a report to the secretary of the

senate and the clerk of the house of representatives by January 1

of each year of the number of records and copies of records

retained by or destroyed by that department under subsection (2)

during that year until all of those records and copies of records

are destroyed in compliance with this section.

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.

Sec. 14a. (1) A law enforcement agency that seizes or

otherwise comes into possession of a firearm or a part of a firearm

subject to disposal under section 14 may, instead of forwarding the

firearm or part of a firearm to the director of the department of

state police or his or her designated representative for disposal

under that section, retain that firearm or part of a firearm for

the following purposes:

(a) For legal sale or trade to a federally licensed firearm

dealer. The proceeds from any sale or trade under this subdivision

shall be used by the law enforcement agency only for law

enforcement purposes. The law enforcement agency shall not sell or

trade a firearm or part of a firearm under this subdivision to any

individual who is a member of that law enforcement agency unless

the individual is a federally licensed firearms dealer and the sale

is made pursuant to a public auction.

(b) For official use by members of the seizing law enforcement

agency who are employed as peace officers. A firearm or part of a

firearm shall not be sold under this subdivision.

~~(2) A law enforcement agency that sells or trades any pistol~~

~~to a licensed dealer under subsection (1)(a) or retains any pistol~~

~~under subsection (1)(b) shall complete a record of the transaction~~

~~under section 2 or section 2a, as applicable.~~

(2) ~~(3)~~ A law enforcement agency that sells or trades a

firearm or part of a firearm under this section shall retain a

receipt of the sale or trade for a period of not less than 7 years.

The law enforcement agency shall make all receipts retained under

this subsection available for inspection by the department of state

police upon demand and for auditing purposes by the state and the

local unit of government of which the agency is a part.

(3) ~~(4)~~ Before disposing of a firearm under this section, the

law enforcement agency shall do both of the following:

(a) Determine through the law enforcement information network

whether the firearm has been reported lost or stolen. If the

firearm has been reported lost or stolen and the name and address

of the owner can be determined, the law enforcement agency shall

provide 30 days' written notice of its intent to dispose of the

firearm under this section to the owner, and allow the owner to

claim the firearm within that 30-day period if he or she is

authorized to possess the firearm. If the police agency determines

that a serial number has been altered or has been removed or

obliterated from the firearm, the police agency shall submit the

firearm to the department of state police or a forensic laboratory

for serial number verification or restoration to determine legal

ownership.

(b) Provide 30 days' notice to the public on a website

maintained by the law enforcement agency of its intent to dispose

of the firearm under this section. The notice shall include a

description of the firearm and shall state the firearm's serial

number, if the serial number can be determined. The law enforcement

agency shall allow the owner of the firearm to claim the firearm

within that 30-day period if he or she is authorized to possess the

firearm. The 30-day period required under this subdivision is in

addition to the 30-day period required under subdivision (a).

(4) ~~(5)~~ The law enforcement agency is immune from civil

liability for disposing of a firearm in compliance with this

section.

(5) ~~(6)~~ As used in this section, "law enforcement agency"

means any agency that employs peace officers.

Enacting section 1. Sections 2, 2a, 9a, 9b, 9c, 11, 12, and

12b of 1927 PA 372, MCL 28.422, 28.422a, 28.429a, 28.429b, 28.429c,

28.431, 28.432, and 28.432b, are repealed.