HB-4535, As Passed Senate, January 21, 2016
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 4535
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) An individual currently employed as a police officer,
certified under the commission on law enforcement standards act,
1965 PA 203, MCL 28.601 to 28.616.
(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 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
(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) The Michigan commission on law enforcement standards shall
provide certificate information to the department of state police
to verify the requirements of this section.
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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.