HB-4717, As Passed Senate, January 23, 2014

 

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 4717

 

 

 

 

 

 

 

 

 

 

 

 

     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 4 (MCL 28.424), as added by 1992 PA 219.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 4. (1) A person who is prohibited from possessing, using,

 

transporting, selling, purchasing, carrying, shipping, receiving,

 

or distributing a firearm under section 224f(2) of the Michigan

 

penal code, Act No. 328 of the Public Acts of 1931, being section

 

750.224f of the Michigan Compiled Laws, 1931 PA 328, MCL 750.224f,

 

may apply to the concealed weapons licensing board in the county in

 

which he or she resides for restoration of those rights.

 

     (2) A person who is prohibited from possessing, using,

 

transporting, selling, carrying, shipping, or distributing

 

ammunition under section 224f(4) of the Michigan penal code, 1931

 

PA 328, MCL 750.224f, may apply to the concealed weapons licensing

 

board in the county in which he or she resides for restoration of

 

those rights.

 

     (3) (2) Not more than 1 application may be submitted under

 

subsection (1) or (2) in any calendar year. The concealed weapons

 

licensing board may charge a fee of not more than $10.00 for the

 

actual and necessary expenses of each application.

 

     (4) (3) The concealed weapons licensing board shall, by

 

written order of the board, restore the rights of a person to

 

possess, use, transport, sell, purchase, carry, ship, receive, or

 

distribute a firearm or to possess, use, transport, sell, carry,

 

ship, or distribute ammunition if the board determines, by clear

 

and convincing evidence, that all of the following circumstances

 

exist:

 

     (a) The person properly submitted an application for

 

restoration of those rights as provided under this section.

 

     (b) The expiration of 5 years after all of the following

 

circumstances:

 

     (i) The person has paid all fines imposed for the violation

 

resulting in the prohibition.

 

     (ii) The person has served all terms of imprisonment imposed

 

for the violation resulting in the prohibition.

 

     (iii) The person has successfully completed all conditions of

 

probation or parole imposed for the violation resulting in the

 

prohibition.

 

     (c) The person's record and reputation are such that the

 

person is not likely to act in a manner dangerous to the safety of

 

other persons.

 

     (5) (4) If the concealed weapons licensing board pursuant to

 

under subsection (3) (4) refuses to restore a right under this

 

section, the person may petition the circuit court for review of

 

that decision.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless House Bill No. 4715 of the 97th Legislature is enacted into

 

law.