HOUSE BILL No. 4554

 

 

May 2, 2017, Introduced by Reps. Chatfield, Cole, Johnson, LaFave, Miller, Glenn, Tedder, Kahle, Barrett, Alexander, Theis, Lucido, Hornberger, Runestad, Hauck, Hoitenga, Hernandez and Vaupel 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 sections 2 and 2a (MCL 28.422 and 28.422a), section 2

 

as amended by 2015 PA 200 and section 2a as amended by 2016 PA 301.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. (1) Except as otherwise provided in this act, a person

 

shall not purchase, carry, possess, or transport a pistol in this

 

state without first having obtained a license for the pistol as

 


prescribed in this section.

 

     (2) A person An individual who brings a pistol into this state

 

who is on leave from active duty with the armed forces Armed Forces

 

of the United States or who has been discharged from active duty

 

with the armed forces Armed Forces of the United States shall

 

obtain a license for the pistol within 30 days after his or her

 

arrival in this state.

 

     (3) The commissioner or chief of police of a city, township,

 

or village police department that issues licenses to purchase,

 

carry, possess, or transport pistols, or his or her duly authorized

 

deputy, or the sheriff or his or her duly authorized deputy, in the

 

parts of a county not included within a city, township, or village

 

having an organized police department, in discharging the duty to

 

issue licenses shall with due speed and diligence issue licenses to

 

purchase, carry, possess, or transport pistols to qualified

 

applicants unless he or she has probable cause to believe that the

 

applicant would be a threat to himself or herself or to other

 

individuals, or would commit an offense with the pistol that would

 

violate a law of this or another state or of the United States. An

 

applicant is qualified if all of the following circumstances exist:

 

     (a) The person individual is not subject to an order or

 

disposition for which he or she has received notice and an

 

opportunity for a hearing, and which was entered into the law

 

enforcement information network under any of the following:

 

     (i) Section 464a of the mental health code, 1974 PA 258, MCL

 

330.1464a.

 

     (ii) Section 5107 of the estates and protected individuals


code, 1998 PA 386, MCL 700.5107, or section 444a of former 1978 PA

 

642.

 

     (iii) Section 2950 of the revised judicature act of 1961, 1961

 

PA 236, MCL 600.2950.

 

     (iv) Section 2950a of the revised judicature act of 1961, 1961

 

PA 236, MCL 600.2950a.

 

     (v) Section 14 of 1846 RS 84, MCL 552.14.

 

     (vi) Section 6b of chapter V of the code of criminal

 

procedure, 1927 PA 175, MCL 765.6b, if the order has a condition

 

imposed under section 6b(3) of chapter V of the code of criminal

 

procedure, 1927 PA 175, MCL 765.6b.

 

     (vii) Section 16b of chapter IX of the code of criminal

 

procedure, 1927 PA 175, MCL 769.16b.

 

     (b) The person individual is 18 years of age or older or, if

 

the seller is licensed under 18 USC 923, is 21 years of age or

 

older.

 

     (c) The person individual is a citizen of the United States or

 

an alien lawfully admitted into the United States and is a legal

 

resident of this state. For the purposes of this section, a person

 

an individual is considered a legal resident of this state if any

 

of the following apply:

 

     (i) The person individual has a valid, lawfully obtained

 

Michigan driver license issued under the Michigan vehicle code,

 

1949 PA 300, MCL 257.1 to 257.923, or an official state personal

 

identification card issued under 1972 PA 222, MCL 28.291 to 28.300.

 

     (ii) The person individual is lawfully registered to vote in

 

this state.


     (iii) The person individual is on active duty status with the

 

United States armed forces Armed Forces and is stationed outside of

 

this state, but the person's individual's home of record is in this

 

state.

 

     (iv) The person individual is on active duty status with the

 

United States armed forces Armed Forces and is permanently

 

stationed in this state, but the person's individual's home of

 

record is in another state.

 

     (d) A felony charge or a criminal charge listed in section 5b

 

against the person individual is not pending at the time of

 

application.

 

     (e) The person individual is not prohibited from possessing,

 

using, transporting, selling, purchasing, carrying, shipping,

 

receiving, or distributing a firearm under section 224f of the

 

Michigan penal code, 1931 PA 328, MCL 750.224f.

 

     (f) The person individual has not been adjudged insane in this

 

state or elsewhere unless he or she has been adjudged restored to

 

sanity by court order.

 

     (g) The person individual is not under an order of involuntary

 

commitment in an inpatient or outpatient setting due to mental

 

illness.

 

     (h) The person individual has not been adjudged legally

 

incapacitated in this state or elsewhere. This subdivision does not

 

apply to a person an individual who has had his or her legal

 

capacity restored by order of the court.

 

     (4) Applications An applicant for licenses a license under

 

this section shall be signed by the applicant sign the application


under oath upon forms on a form provided by the director of the

 

department of state police. Licenses A licensing authority shall

 

issue a license to purchase, carry, possess, or transport pistols

 

shall be executed in triplicate upon forms on a form provided by

 

the director of the department of state police. and shall be signed

 

by the The licensing authority shall sign any license issued under

 

this section. Three The licensing authority shall deliver 3 copies

 

of the license shall be delivered to the applicant. by the

 

licensing authority. A license is void unless used within 30 days

 

after the date it is issued.

 

     (5) If an individual purchases or otherwise acquires a pistol,

 

the seller shall fill out the license forms describing the pistol,

 

together with the date of sale or acquisition, and sign his or her

 

name in ink indicating that the pistol was sold to or otherwise

 

acquired by the purchaser. The purchaser shall also sign his or her

 

name in ink indicating the purchase or other acquisition of the

 

pistol from the seller. The seller may retain a copy of the license

 

as a record of the transaction. The purchaser shall receive 2

 

copies of the license. The purchaser shall may return 1 copy of the

 

license to the licensing authority. within 10 days after the date

 

the pistol is purchased or acquired. The purchaser may return of

 

the copy to the licensing authority 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 licensing authority. 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 of that determination.

 

     (6) Within 10 days after receiving the license copy returned

 

under subsection (5), the licensing authority 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 licensing authority

 

does not have that ability, the licensing authority shall provide

 

that information to the department of state police in a manner

 

otherwise required by the department of state police. Any licensing

 

authority 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 license copy returned under

 

subsection (5) to the department of state police, the licensing

 

authority shall forward the copy of the license 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

 

licensing authority may charge a fee not to exceed $1.00 for the

 

cost of providing the copy. If an individual requests that his or

 

her information be removed from the pistol entry database, the

 

department of state police shall remove that information within 14

 

days of the request. The department of state police shall

 

immediately notify an individual by first-class mail that his or

 

her information has been removed from the pistol entry database.


The licensee 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 license.

 

However, the person is not required to have the license in his or

 

her possession while carrying, using, possessing, or transporting

 

the pistol after this period.

 

     (7) This section does not apply to the purchase of pistols

 

from wholesalers by dealers regularly engaged in the business of

 

selling pistols at retail, or to the sale, barter, or exchange of

 

pistols kept as relics or curios not made for modern ammunition or

 

permanently deactivated.

 

     (8) This section does not prevent the transfer of ownership of

 

pistols to an heir or devisee, whether by testamentary bequest or

 

by the laws of intestacy regardless of whether the pistol is

 

registered with this state. An individual who has inherited a

 

pistol shall obtain a license as required in this section within 30

 

days of taking physical possession of the pistol. The license may

 

be signed by a next of kin of the decedent or the person authorized

 

to dispose of property under the estates and protected individuals

 

code, 1998 PA 386, MCL 700.1101 to 700.8206, including when the

 

next of kin is the individual inheriting the pistol. If the heir or

 

devisee is not qualified for a license under this section, the heir

 

or devisee may direct the next of kin or person authorized to

 

dispose of property under the estates and protected individuals

 

code, 1998 PA 386, MCL 700.1101 to 700.8206, to dispose of the

 

pistol in any manner that is lawful and the heir or devisee

 

considers appropriate. The person authorized to dispose of property


under the estates and protected individuals code, 1998 PA 386, MCL

 

700.1101 to 700.8206, is not required to obtain a license under

 

this section if he or she takes temporary lawful possession of the

 

pistol in the process of disposing of the pistol pursuant to the

 

decedent's testamentary bequest or the laws of intestacy. A law

 

enforcement agency may not seize or confiscate a pistol being

 

transferred by testamentary bequest or the laws of intestacy unless

 

the heir or devisee does not qualify for obtaining a license under

 

this section and the next of kin or person authorized to dispose of

 

property under the estates and protected individuals code, 1998 PA

 

386, MCL 700.1101 to 700.8206, is unable to retain his or her

 

temporary possession of the pistol or find alternative lawful

 

storage. If a law enforcement agency seizes or confiscates a pistol

 

under this subsection, the heir or devisee who is not qualified to

 

obtain a license under this section retains ownership interest in

 

the pistol and, within 30 days of being notified of the seizure or

 

confiscation, may file with a court of competent jurisdiction to

 

direct the law enforcement agency to lawfully transfer or otherwise

 

dispose of the pistol. A pistol seized under this subsection shall

 

not be destroyed, sold, or used while in possession of the seizing

 

entity or its agents until 30 days have passed since the heir or

 

devisee has been notified of the seizure and no legal action

 

regarding the lawful possession or ownership of the seized pistol

 

has been filed in any court and is pending. As used in this

 

subsection:

 

     (a) "Devisee" means that term as defined in section 1103 of

 

the estates and protected individuals code, 1998 PA 386, MCL


700.1103.

 

     (b) "Heir" means that term as defined in section 1104 of the

 

estates and protected individuals code, 1998 PA 386, MCL 700.1104.

 

     (9) An individual who is not a resident of this state is not

 

required to obtain a license under this section if all of the

 

following conditions apply:

 

     (a) The individual is licensed in his or her state of

 

residence to purchase, carry, or transport a pistol.

 

     (b) The individual is in possession of the license described

 

in subdivision (a).

 

     (c) The individual is the owner of the pistol he or she

 

possesses, carries, or transports.

 

     (d) The individual possesses the pistol for a lawful purpose.

 

     (e) The individual is in this state for a period of 180 days

 

or less and does not intend to establish residency in this state.

 

     (10) An individual who is a nonresident of this state shall

 

present the license described in subsection (9)(a) upon the demand

 

of a police officer. An individual who violates this subsection is

 

guilty of a misdemeanor punishable by imprisonment for not more

 

than 90 days or a fine of not more than $100.00, or both.

 

     (11) The licensing authority may require a person an

 

individual claiming active duty status with the United States armed

 

forces Armed Forces to provide proof of 1 or both of the following:

 

     (a) The person's individual's home of record.

 

     (b) Permanent active duty assignment in this state.

 

     (12) This section does not apply to a person an individual who

 

is younger than the age required under subsection (3)(b) and who


possesses a pistol if all of the following conditions apply:

 

     (a) The person individual is not otherwise prohibited from

 

possessing that pistol.

 

     (b) The person individual is at a recognized target range.

 

     (c) The person individual possesses the pistol for the purpose

 

of target practice or instruction in the safe use of a pistol.

 

     (d) The person individual is in the physical presence and

 

under the direct supervision of any of the following:

 

     (i) The person's individual's parent.

 

     (ii) The person's individual's guardian.

 

     (iii) An individual who is 21 years of age or older, who is

 

authorized by the person's individual's parent or guardian, and who

 

has successfully completed a pistol safety training course or class

 

that meets the requirements of section 5j(1)(a), (b), or (d), and

 

received a certificate of completion.

 

     (e) The owner of the pistol is physically present.

 

     (13) This section does not apply to a person an individual who

 

possesses a pistol if all of the following conditions apply:

 

     (a) The person individual is not otherwise prohibited from

 

possessing a pistol.

 

     (b) The person individual is at a recognized target range or

 

shooting facility.

 

     (c) The person individual possesses the pistol for the purpose

 

of target practice or instruction in the safe use of a pistol.

 

     (d) The owner of the pistol is physically present and

 

supervising the use of the pistol.

 

     (14) A person An individual who forges any matter on an


application for a license under this section is guilty of a felony,

 

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

 

not more than $2,000.00, or both.

 

     (15) A licensing authority shall implement this section during

 

all of the licensing authority's normal business hours and shall

 

set hours for implementation that allow an applicant to use the

 

license within the time period set forth in subsection (4).

 

     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) An individual currently employed as a police officer who

 

is licensed or certified under the Michigan commission on law

 

enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615.

 

     (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 that includes the purchaser's concealed

 

weapon license number, the number of the purchaser's license or

 

certificate issued under the Michigan commission on law enforcement

 

standards act, 1965 PA 203, MCL 28.601 to 28.615, 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 license or certificate issued under

 

the Michigan commission on law enforcement standards act, 1965 PA

 

203, MCL 28.601 to 28.615, and is not a federally licensed firearms

 

dealer, the record shall must 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 may 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 purchaser may 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 may 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. If an individual requests that his or her

 

information be removed from the pistol entry database, the

 

department of state police shall remove that information within 14

 

days of the request. The department of state police shall

 

immediately notify an individual by first-class mail that his or

 

her information has been removed from the pistol entry database.

 

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) The Michigan commission on law enforcement standards shall

 

provide license or certificate information, as applicable, to the

 

department of state police to verify the requirements of this

 

section.

 

     (8) As used in this section:

 

     (a) "Federally licensed firearms dealer" means a person

 

licensed to sell firearms under 18 USC 923.

 

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

 

association, or other legal entity.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.