HOUSE BILL No. 4535

 

April 29, 2015, Introduced by Reps. Theis, Crawford, Lucido, Somerville, Barrett, Forlini, Tedder, Price, Franz, Cox, Webber, Johnson, Gamrat, Sheppard, Poleski, Hooker, Courser, Pagel, Glenn, Vaupel, Runestad, Chatfield, McBroom, Bumstead, Bizon, Goike, Cole, Aaron Miller, Kesto, Yonker and Rendon 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 2a (MCL 28.422a), as amended by 2015 PA 3.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2a. (1) The following individuals are not required to

 

obtain a license under section 2 to purchase, carry, possess, use,

 

or transport a pistol:

 

     (a) An individual licensed under section 5b, except for an

 


individual who has an emergency license issued under section 5a(4)

 

or a receipt serving as a concealed pistol license under section

 

5b(9) or 5l(3).

 

     (b) A federally licensed firearms dealer.

 

     (c) An individual who purchases a pistol from a federally

 

licensed firearms dealer in compliance with 18 USC 922(t).

 

     (d) A peace officer.

 

     (2) If an individual described in subsection (1) purchases or

 

otherwise acquires a pistol, the seller shall complete a record in

 

triplicate on a form provided by the department of state police.

 

The record shall include the purchaser's concealed weapon license

 

number, the number of the purchaser's certificate issued under the

 

commission on law enforcement standards act, 1965 PA 203, MCL

 

28.601 to 28.616, or, if the purchaser is a federally licensed

 

firearms dealer, his or her dealer license number. If the purchaser

 

is not licensed under section 5b or does not have a certificate

 

issued under the commission on law enforcement standards act, 1965

 

PA 203, MCL 28.601 to MCL 28.616, and is not a federally licensed

 

firearms dealer, the record shall include the dealer license number

 

of the federally licensed firearms dealer who is selling the

 

pistol. The purchaser shall sign the record. The seller may retain

 

1 copy of the record. The purchaser shall receive 2 copies of the

 

record and forward 1 copy to the police department of the city,

 

village, or township in which the purchaser resides, or, if the

 

purchaser does not reside in a city, village, or township having a

 

police department, to the county sheriff, within 10 days following

 

the purchase or acquisition. The return of the copy to the police

 


department or county sheriff may be made in person or may be made

 

by first-class mail or certified mail sent within the 10-day period

 

to the proper address of the police department or county sheriff. A

 

purchaser who fails to comply with the requirements of this

 

subsection is responsible for a state civil infraction and may be

 

fined not more than $250.00. If a purchaser is found responsible

 

for a state civil infraction under this subsection, the court shall

 

notify the department of state police. If the purchaser is licensed

 

under section 5b, the court shall notify the licensing authority of

 

that determination.

 

     (3) Within 10 days after receiving the record copy returned

 

under subsection (2), the police department or county sheriff shall

 

electronically enter the information into the pistol entry database

 

as required by the department of state police if it has the ability

 

to electronically enter that information. If the police department

 

or county sheriff does not have that ability, the police department

 

or county sheriff shall provide that information to the department

 

of state police in a manner otherwise required by the department of

 

state police. Any police department or county sheriff that provided

 

pistol descriptions to the department of state police under former

 

section 9 of this act shall continue to provide pistol descriptions

 

to the department of state police under this subsection. Within 48

 

hours after entering or otherwise providing the information on the

 

record copy returned under subsection (2) to the department of

 

state police, the police department or county sheriff shall forward

 

the copy of the record to the department of state police. The

 

purchaser has the right to obtain a copy of the information placed

 


in the pistol entry database under this subsection to verify the

 

accuracy of that information. The police department or county

 

sheriff may charge a fee not to exceed $1.00 for the cost of

 

providing the copy. The purchaser may carry, use, possess, and

 

transport the pistol for 30 days beginning on the date of purchase

 

or acquisition only while he or she is in possession of his or her

 

copy of the record. However, the person is not required to have the

 

record in his or her possession while carrying, using, possessing,

 

or transporting the pistol after this period.

 

     (4) This section does not apply to a person or entity exempt

 

under section 2(7).

 

     (5) An individual who makes a material false statement on a

 

sales record under this section is guilty of a felony punishable by

 

imprisonment for not more than 4 years or a fine of not more than

 

$2,500.00, or both.

 

     (6) The department of state police may promulgate rules to

 

implement this section.

 

     (7) As used in this section:

 

     (a) Before December 18, 2012, "federally licensed firearms

 

dealer" means an individual who holds a type 01 dealer license

 

under 18 USC 923.

 

     (b) Beginning December 18, 2012, "federally licensed firearms

 

dealer" means a person licensed to sell firearms under 18 USC 923.

 

     (c) "Person" means an individual, partnership, corporation,

 

association, or other legal entity.