SB-0049, As Passed Senate, April 24, 2014

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 49

 

 

 

 

 

 

 

 

 

 

     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,"

 

(MCL 28.421 to 28.435) by adding section 1b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1b. (1) Firearms records are confidential, are not

 

subject to disclosure under the freedom of information act, 1976 PA

 

442, MCL 15.231 to 15.246, and shall not be disclosed to any

 

person, except as otherwise provided by this section.

 

     (2) Firearms records may only be accessed and disclosed for

 

the following purposes:

 

     (a) A peace officer has probable cause to believe that the

 

individual whose firearms records are the subject of disclosure

 

poses a threat to himself or herself or other individuals.

 

     (b) A peace officer has probable cause to believe that the

 

individual whose firearms records are the subject of disclosure has

 

committed an offense with the pistol that violates a law of this

 

state, another state, or the United States.

 

     (c) A peace officer has probable cause to believe that the

 

pistol that is the subject of the firearms records search was used

 

during the commission of an offense that violates a law of this

 

state, another state, or the United States.

 

     (d) To ensure the safety of a peace officer before a lawful

 

search and seizure.

 

     (e) For purposes of this act.

 

     (3) A person who intentionally violates subsection (2) is

 

guilty of a crime as follows:

 

     (a) For a first offense, the person is guilty of a misdemeanor

 

punishable by imprisonment for not more than 93 days or a fine of

 

not more than $500.00, or both.

 

     (b) For a second or subsequent offense, the person is guilty

 

of a felony punishable by imprisonment for not more than 4 years or

 

a fine of not more than $2,000.00, or both.

 

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

 

04850'14).

 

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

 

04851'14).

 

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

 

04852'14).

 

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

 

04853'14).

 

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

 

04854'14).

 

     (f) House Bill No. 4155.

 

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

 

00974'13 a).