HB-5327, As Passed House, March 13, 2014
HOUSE BILL NO. 5327
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.
House Bill No. 5327 (H-1) as amended March 12, 2014
as amended March 13, 2014
(2) Firearms records may only be accessed and disclosed by a
peace officer or authorized system user for the following purposes:
(a) A peace officer has a reasonable suspicion that the
individual whose firearms records are the subject of disclosure
poses a threat to himself or herself or other individuals[, INCLUDING A
(b) A peace officer has a reasonable suspicion 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 a reasonable suspicion 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.
(f) A peace officer [or an authorized user] has reason to believe
that access to the
firearms records is necessary within the commission of his or her
lawful duties. The peace officer or authorized system user shall
enter and record the specific reason in the system in accordance
with the procedures in section 5e.
(3) A person who intentionally violates subsection (2) is
[responsible for a state civil infraction and may be ordered to pay a
civil fine of not more than $500.00.
House Bill No. 5327 as amended March 12, 2014
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. 49.
(b) House Bill No. 4155.
(c) House Bill No. 5324.
(d) House Bill No. 5325.
(e) House Bill No. 5326.
(f) House Bill No. 5328.
(g) House Bill No. 5329.