HOUSE BILL No. 5325

 

February 13, 2014, Introduced by Reps. Crawford, Nesbitt, McBroom, Rendon, Jenkins, Pettalia, Cotter, LaVoy, MacGregor, Lauwers, Heise, Schmidt, Dianda and Kivela 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 1 (MCL 28.421), as amended by 2012 PA 243.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. (1) As used in this act:

 

     (a) "Felony" means that term as defined in section 1 of

 

chapter I of the code of criminal procedure, 1927 PA 175, MCL

 

761.1, or a violation of a law of the United States or another

 


state that is designated as a felony or that is punishable by death

 

or by imprisonment for more than 1 year.

 

     (b) "Firearm" means a weapon from which a dangerous projectile

 

may be propelled by an explosive, or by gas or air. Firearm does

 

not include a smooth bore rifle or handgun designed and

 

manufactured exclusively for propelling by a spring, or by gas or

 

air, BBs not exceeding .177 caliber.

 

     (c) "Firearms records" means any form, information, or record

 

required for submission to a government agency under sections 2a,

 

2b, and 5b, or any form, permit, or license issued by a government

 

agency under this act.

 

     (d) (c) "Misdemeanor" means a violation of a penal law of this

 

state or violation of a local ordinance substantially corresponding

 

to a violation of a penal law of this state that is not a felony or

 

a violation of an order, rule, or regulation of a state agency that

 

is punishable by imprisonment or a fine that is not a civil fine,

 

or both.

 

     (e) (d) "Peace officer" means, except as otherwise provided in

 

this act, an individual who is employed as a law enforcement

 

officer, as that term is defined under section 2 of the commission

 

on law enforcement standards act, 1965 PA 203, MCL 28.602, by this

 

state or another state, a political subdivision of this state or

 

another state, or the United States, and who is required to carry a

 

firearm in the course of his or her duties as a law enforcement

 

officer.

 

     (f) (e) "Pistol" means a loaded or unloaded firearm that is 26

 

inches or less in length, or a loaded or unloaded firearm that by

 


its construction and appearance conceals it as a firearm.

 

     (g) (f) "Purchaser" means a person who receives a pistol from

 

another person by purchase or gift.

 

     (h) (g) "Reserve peace officer", "auxiliary officer", or

 

"reserve officer" means, except as otherwise provided in this act,

 

an individual authorized on a voluntary or irregular basis by a

 

duly authorized police agency of this state or a political

 

subdivision of this state to act as a law enforcement officer, who

 

is responsible for the preservation of the peace, the prevention

 

and detection of crime, and the enforcement of the general criminal

 

laws of this state, and who is otherwise eligible to possess a

 

firearm under this act.

 

     (i) (h) "Retired police officer" or "retired law enforcement

 

officer" means an individual who was a police officer or law

 

enforcement officer who was certified as described under section 9a

 

of the commission on the law enforcement standards act, 1965 PA

 

203, MCL 28.609a, and retired in good standing from his or her

 

employment as a police officer or law enforcement officer.

 

     (j) (i) "Seller" means a person who sells or gives a pistol to

 

another person.

 

     (k) (j) "State court judge" means a judge of the district

 

court, circuit court, probate court, or court of appeals or justice

 

of the supreme court of this state who is serving either by

 

election or appointment.

 

     (l) (k) "State court retired judge" means a judge or justice

 

described in subdivision (j) (k) who is retired, or a retired judge

 

of the recorders court.

 


     (2) A person may lawfully own, possess, carry, or transport as

 

a pistol a firearm greater than 26 inches in length if all of the

 

following conditions apply:

 

     (a) The person registered the firearm as a pistol under

 

section 2 or 2a before January 1, 2013.

 

     (b) The person who registered the firearm as described in

 

subdivision (a) has maintained registration of the firearm since

 

January 1, 2013 without lapse.

 

     (c) The person possesses a copy of the license or record

 

issued to him or her under section 2 or 2a.

 

     (3) A person who satisfies all of the conditions listed under

 

subsection (2) nevertheless may elect to have the firearm not be

 

considered to be a pistol. A person who makes the election under

 

this subsection shall notify the department of state police of the

 

election in a manner prescribed by that department.

 

     Enacting section 1. This amendatory act does not take effect

 

unless all of the following bills of the 97th Legislature are

 

enacted into law:

 

     (a) House Bill No. 4155.

 

     (b) Senate Bill No. ____ or House Bill No. 5327 (request no.

 

04851'14).

 

     (c) Senate Bill No. ____ or House Bill No. 5324 (request no.

 

04852'14).

 

     (d) Senate Bill No. ____ or House Bill No. 5328 (request no.

 

04853'14).

 

     (e) Senate Bill No. ____ or House Bill No. 5326 (request no.

 

04854'14).

 


     (f) Senate Bill No. 49.

 

     (g) Senate Bill No. ____ or House Bill No. 5329 (request no.

 

00974'13 a).