HOUSE BILL No. 5647

 

May 12, 2016, Introduced by Reps. Wittenberg, Plawecki, Liberati, Moss, Greig, Yanez, Pagan, Gay-Dagnogo, Hovey-Wright, Irwin, LaGrand, Hoadley, Chang, Faris, Schor, Singh, Townsend, Brinks and Callton and referred to the Committee on Government Operations.

 

     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 6 (MCL 28.426), as added by 2005 PA 242.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 6. (1) 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

 

Immigration and customs enforcement Customs Enforcement databases

 

that the applicant is not an illegal alien or a nonimmigrant alien.

 

     (2) If an issuing agency denies an applicant a license under

 

section 2 because the agency determines that the applicant is not

 

qualified under section 2(3) or that the applicant is prohibited

 

under state or federal law from possessing or transporting a

 

firearm, the issuing agency shall notify all of the following of

 

that denial:

 

     (a) The Michigan state police.

 

     (b) Local law enforcement agencies that have jurisdiction over

 

the area where the applicant resides.

 

     (c) Prosecuting attorneys who have jurisdiction over the area

 

where the applicant resides.

 

     (d) United States attorneys who have jurisdiction over the

 

area where the applicant resides.

 

     (3) If an issuing agency denies an applicant a license under

 

section 2 because the agency determines that the applicant is not

 

qualified under section 2(3) or that the applicant is prohibited

 

under state or federal law from possessing or transporting a

 

firearm, and that the applicant is on probation or parole, the

 

issuing agency shall notify the applicant's probation or parole

 

officer of that denial.

 


     (4) Except as otherwise provided in this subsection, an

 

issuing agency shall issue the notification under subsection (2) or

 

(3) within 24 hours after the denial. If the notification under

 

subsection (2) or (3) would compromise an ongoing investigation,

 

the notification may be delayed for as long as necessary to avoid

 

compromising the ongoing investigation.

 

     (5) The notification described in subsections (2) and (3)

 

shall include the identity of the applicant, the date and time of

 

the denial, the grounds for the denial, and the location where the

 

application was made.

 

     (6) The department of state police shall publish a written

 

report, on an annual basis, that includes all of the following

 

information:

 

     (a) The number of denials of a license under section 2.

 

     (b) The number of notifications of denial made to state law

 

enforcement agencies, local law enforcement agencies, prosecuting

 

attorneys, and United States attorneys under subsection (2).

 

     (c) If notification was not made for any denials, an

 

explanation of why that notification was not made.

 

     (d) The number of investigations opened, the number of

 

investigations concluded, and the number of referrals for

 

prosecution.

 

     (e) The number of investigations opened, identified by grounds

 

for denial.

 

     (f) The number of referrals for prosecution, identified by

 

grounds for denial.

 

     (g) The number of charges arising from denials, identified by

 


type of charge and grounds for denial.

 

     (h) The disposition of all charges, identified by type of

 

charge and grounds for denial.