HB-5327, As Passed House, March 13, 2014

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

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

PEACE OFFICER].

 

     (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.