May 14, 2013, Introduced by Reps. Kesto, Foster and Heise 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 section 4 (MCL 28.424), as added by 1992 PA 219.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4. (1) A person who is prohibited from possessing, using,
transporting, selling, purchasing, carrying, shipping, receiving,
or distributing a firearm or ammunition under section 224f(2) of
the
Michigan penal code, Act No. 328 of the Public Acts of 1931,
being
section 750.224f of the Michigan Compiled Laws, 1931 PA 328,
MCL 750.224f, may apply to the concealed weapons licensing board in
the county in which he or she resides for restoration of those
rights.
(2) Not more than 1 application may be submitted under
subsection (1) in any calendar year. The concealed weapons
licensing board may charge a fee of not more than $10.00 for the
actual and necessary expenses of each application.
(3) The concealed weapons licensing board shall, by written
order of the board, restore the rights of a person to possess, use,
transport, sell, purchase, carry, ship, receive, or distribute a
firearm or ammunition if the board determines, by clear and
convincing evidence, that all of the following circumstances exist:
(a) The person properly submitted an application for
restoration of those rights as provided under this section.
(b) The expiration of 5 years after all of the following
circumstances:
(i) The person has paid all fines imposed for the violation
resulting in the prohibition.
(ii) The person has served all terms of imprisonment imposed
for the violation resulting in the prohibition.
(iii) The person has successfully completed all conditions of
probation or parole imposed for the violation resulting in the
prohibition.
(c) The person's record and reputation are such that the
person is not likely to act in a manner dangerous to the safety of
other persons.
(4)
If the concealed weapons licensing board pursuant to under
subsection (3) refuses to restore a right under this section, the
person may petition the circuit court for review of that decision.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 4715(request no.
02260'13) of the 97th Legislature is enacted into law.