HB-4155, As Passed Senate, June 4, 2014

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4155

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 5e (MCL 28.425e), as added by 2000 PA 381.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 5e. (1) The department of state police shall create and

maintain a computerized database of individuals who apply under

this act for a license to carry a concealed pistol. The database

shall contain only the following information as to each individual:

(a) The individual's name, date of birth, address, and county

of residence.

(b) If the individual is licensed to carry a concealed pistol

in this state, the license number and date of expiration.

was denied a license to carry a concealed pistol after ~~the~~

~~effective date of the amendatory act that added this subdivision,~~

July 1, 2001, a statement of the reasons for that denial.

(d) A statement of all criminal charges pending and criminal

convictions obtained against the individual during the license

period.

(e) A statement of all determinations of responsibility for

civil infractions of this act pending or obtained against the

individual during the license period.

(2) If an individual who was denied a license to carry a

concealed pistol after ~~the effective date of the amendatory act~~

~~that added this subsection~~ July 1, 2001 is subsequently issued a

license to carry a concealed pistol, the department of state police

shall delete from the computerized database the previous reasons

for the denial.

(3) The department of state police shall enter the information

described in subsection (1)(a) and (b) into the law enforcement

information network.

(4) Information in the database ~~, compiled under subsections~~

~~(1) through (3), is confidential, is 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 for~~

~~purposes of this act or for law enforcement purposes. The~~

~~information compiled under subsection (5) is subject to disclosure~~

~~under the freedom of information act, 1976 PA 442, MCL 15.231 to~~

~~15.246.~~shall only be accessed and disclosed according to an access

protocol that includes the following requirements:

(a) That the requestor of the firearms records uses the law

enforcement information network or another system that maintains a

record of the requestor's identity, time, and date that the request

was made.

(b) Requires the requestor in an intentional query by name of

the firearms records to attest that the firearms records were

sought under 1 of the lawful purposes provided in section 1b(2).

(5) The department of state police shall file ~~an annual report~~

with the secretary of the senate and the clerk of the house of

representatives, and post on the department of state police's

internet website, an annual report setting forth all of the

following information for each county concealed weapon licensing

board:

(a) The number of concealed pistol applications received.

(b) The number of concealed pistol licenses issued.

(d) Categories for denial under subdivision (c).

(e) The number of concealed pistol licenses revoked.

(f) Categories for revocation under subdivision (e).

(g) The number of applications pending at the time the report

is made.

(h) The mean and median amount of time and the longest and

shortest amount of time used by the federal bureau of investigation

to supply the fingerprint comparison report required in section

~~5b(11).~~ 5b(10). The department may use a statistically significant

sample to comply with this subdivision.

(i) The number of charges of state civil infractions of this

act or charges of criminal violations, categorized by offense,

filed against individuals licensed to carry a concealed pistol that

resulted in a finding of responsibility or a criminal conviction.

The report shall indicate the number of crimes in each category of

criminal offense that involved the brandishing or use of a pistol,

the number that involved the carrying of a pistol by the license

holder during the commission of the crime, and the number in which

no pistol was carried by the license holder during the commission

of the crime.

(j) The number of pending criminal charges, categorized by

offense, against individuals licensed to carry a concealed pistol.

(k) The number of criminal cases dismissed, categorized by

offense, against individuals licensed to carry a concealed pistol.

(l) The number of cases filed against individuals licensed to

carry a concealed pistol for criminal violations that resulted in a

finding of not responsible or not guilty, categorized by offense.

(m) For the purposes of subdivisions (i), (j), (k), and (l),

the department of state police shall use the data provided under

section 5m.

(n) The number of suicides by individuals licensed to carry a

concealed pistol.

(o) Actual costs incurred per permit for each county.

(p) The number of times the database was accessed, categorized

by the purpose for which the database was accessed.

Enacting section 1. This amendatory act takes effect 180 days

after the date it is enacted into law.

Enacting section 2. 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. 49.

(b) Senate Bill No. 834.

(d) House Bill No. 5325.

(e) House Bill No. 5328.