February 13, 2014, Introduced by Reps. Rendon, Nesbitt, McBroom, Jenkins, Pettalia, Cotter, Crawford, LaVoy, MacGregor, Lauwers, Pscholka, MacMaster, Heise, Schmidt, Dianda and Kivela and referred to the Committee on Judiciary.
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, and 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.
(2) Firearms records may only be accessed and disclosed for
the following purposes:
(a) A peace officer has probable cause to believe that the
individual whose firearms records are the subject of disclosure
poses a threat to himself or herself or other individuals.
(b) A peace officer has probable cause to believe 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 probable cause to believe 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.
(3) A person who intentionally violates subsection (2) is
guilty of a crime as follows:
(a) For a first offense, the person is guilty of a misdemeanor
punishable by imprisonment for not more than 93 days or a fine of
not more than $500.00, or both.
(b) For a second or subsequent offense, the person is guilty
of a felony punishable by imprisonment for not more than 4 years or
a fine of not more than $2,000.00, or both.
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.____ or House Bill No. 5325 (request no.
04850'14).
(b) House Bill No. 4155.
(c) Senate Bill No.____ or House Bill No. 5324 (request no.
04852'14).
(d) Senate Bill No.____ or House Bill No. 5328 (request no.
04853'14).
(e) Senate Bill No.____ or House Bill No. 5326 (request no.
04854'14).
(f) Senate Bill No. 49.
(g) Senate Bill No.____ or House Bill No. 5329 (request no.
00974'13 a).