SB-0225, As Passed House, October 29, 2015

SUBSTITUTE FOR

SENATE BILL NO. 225

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 2 (MCL 28.422), as amended by 2015 PA 37.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 2. (1) Except as otherwise provided in this act, a person

shall not purchase, carry, possess, or transport a pistol in this

state without first having obtained a license for the pistol as

prescribed in this section.

(2) A person who brings a pistol into this state who is on

leave from active duty with the armed forces of the United States

or who has been discharged from active duty with the armed forces

of the United States shall obtain a license for the pistol within

30 days after his or her arrival in this state.

(3) The commissioner or chief of police of a city, township,

or village police department that issues licenses to purchase,

carry, possess, or transport pistols, or his or her duly authorized

deputy, or the sheriff or his or her duly authorized deputy, in the

parts of a county not included within a city, township, or village

having an organized police department, in discharging the duty to

issue licenses shall with due speed and diligence issue licenses to

purchase, carry, possess, or transport pistols to qualified

applicants unless he or she has probable cause to believe that the

applicant would be a threat to himself or herself or to other

individuals, or would commit an offense with the pistol that would

violate a law of this or another state or of the United States. An

applicant is qualified if all of the following circumstances exist:

(a) The person is not subject to an order or disposition for

which he or she has received notice and an opportunity for a

hearing, and which was entered into the law enforcement information

network under any of the following:

(i) Section 464a of the mental health code, 1974 PA 258, MCL

330.1464a.

(ii) Section 5107 of the estates and protected individuals

code, 1998 PA 386, MCL 700.5107, or section 444a of former 1978 PA

642.

(iii) Section 2950 of the revised judicature act of 1961, 1961

PA 236, MCL 600.2950.

(iv) Section 2950a of the revised judicature act of 1961, 1961

PA 236, MCL 600.2950a.

(v) Section 14 of 1846 RS 84, MCL 552.14.

(vi) Section 6b of chapter V of the code of criminal

procedure, 1927 PA 175, MCL 765.6b, if the order has a condition

imposed under section 6b(3) of chapter V of the code of criminal

procedure, 1927 PA 175, MCL 765.6b.

(vii) Section 16b of chapter IX of the code of criminal

procedure, 1927 PA 175, MCL 769.16b.

(b) The person is 18 years of age or older or, if the seller

is licensed under 18 USC 923, is 21 years of age or older.

lawfully admitted into the United States and is a legal resident of

this state. For the purposes of this section, a person ~~shall be~~ is

considered a legal resident of this state if any of the following

apply:

(i) The person has a valid, lawfully obtained Michigan driver

license issued under the Michigan vehicle code, 1949 PA 300, MCL

257.1 to 257.923, or an official state personal identification card

issued under 1972 PA 222, MCL 28.291 to 28.300.

(ii) The person is lawfully registered to vote in this state.

(iii) The person is on active duty status with the United

States armed forces and is stationed outside of this state, but the

person's home of record is in this state.

(iv) The person is on active duty status with the United

States armed forces and is permanently stationed in this state, but

the person's home of record is in another state.

(d) A felony charge or a criminal charge listed in section 5b

against the person is not pending at the time of application.

(e) The person is not prohibited from possessing, using,

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

or distributing a firearm under section 224f of the Michigan penal

code, 1931 PA 328, MCL 750.224f.

(f) The person has not been adjudged insane in this state or

elsewhere unless he or she has been adjudged restored to sanity by

court order.

(g) The person is not under an order of involuntary commitment

in an inpatient or outpatient setting due to mental illness.

(h) The person has not been adjudged legally incapacitated in

this state or elsewhere. This subdivision does not apply to a

person who has had his or her legal capacity restored by order of

the court.

(4) Applications for licenses under this section shall be

signed by the applicant under oath upon forms provided by the

director of the department of state police. Licenses to purchase,

carry, possess, or transport pistols shall be executed in

triplicate upon forms provided by the director of the department of

state police and shall be signed by the licensing authority. Three

copies of the license shall be delivered to the applicant by the

licensing authority. A license is void unless used within 30 days

after the date it is issued.

(5) If an individual purchases or otherwise acquires a pistol,

the seller shall fill out the license forms describing the pistol,

together with the date of sale or acquisition, and sign his or her

name in ink indicating that the pistol was sold to or otherwise

acquired by the purchaser. The purchaser shall also sign his or her

name in ink indicating the purchase or other acquisition of the

pistol from the seller. The seller may retain a copy of the license

as a record of the transaction. The purchaser shall receive 2

copies of the license. The purchaser shall return 1 copy of the

license to the licensing authority within 10 days after the date

the pistol is purchased or acquired. The return of the copy to the

licensing authority 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 licensing authority. 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 of that determination.

(6) Within 10 days after receiving the license copy returned

under subsection (5), the licensing authority 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 licensing authority

does not have that ability, the licensing authority shall provide

that information to the department of state police in a manner

otherwise required by the department of state police. Any licensing

authority 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 license copy returned under

subsection (5) to the department of state police, the licensing

authority shall forward the copy of the license 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

licensing authority may charge a fee not to exceed $1.00 for the

cost of providing the copy. The licensee 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 license. However, the person is not required

to have the license in his or her possession while carrying, using,

possessing, or transporting the pistol after this period.

(7) This section does not apply to the purchase of pistols

from wholesalers by dealers regularly engaged in the business of

selling pistols at retail, or to the sale, barter, or exchange of

pistols kept as relics or curios not made for modern ammunition or

permanently deactivated. ~~This section does not prevent the transfer~~

~~of ownership of pistols that are inherited if the license to~~

~~purchase is approved by the commissioner or chief of police,~~

~~sheriff, or their authorized deputies, and signed by the personal~~

~~representative of the estate or by the next of kin having authority~~

~~to dispose of the pistol.~~

(8) This section does not prevent the transfer of ownership of

pistols to an heir or devisee, whether by testamentary bequest or

by the laws of intestacy regardless of whether the pistol is

registered with this state. An individual who has inherited a

pistol shall obtain a license as required in this section within 30

days of taking physical possession of the pistol. The license may

be signed by a next of kin of the decedent or the person authorized

to dispose of property under the estates and protected individuals

code, 1998 PA 386, MCL 700.1101 to 700.8206, including when the

next of kin is the individual inheriting the pistol. If the heir or

devisee is not qualified for a license under this section, the heir

or devisee may direct the next of kin or person authorized to

dispose of property under the estates and protected individuals

code, 1998 PA 386, MCL 700.1101 to 700.8206, to dispose of the

pistol in any manner that is lawful and the heir or devisee

considers appropriate. The person authorized to dispose of property

under the estates and protected individuals code, 1998 PA 386, MCL

700.1101 to 700.8206, is not required to obtain a license under

this section if he or she takes temporary lawful possession of the

pistol in the process of disposing of the pistol pursuant to the

decedent's testamentary bequest or the laws of intestacy. A law

enforcement agency may not seize or confiscate a pistol being

transferred by testamentary bequest or the laws of intestacy unless

the heir or devisee does not qualify for obtaining a license under

this section and the next of kin or person authorized to dispose of

property under the estates and protected individuals code, 1998 PA

386, MCL 700.1101 to 700.8206, is unable to retain his or her

temporary possession of the pistol or find alternative lawful

storage. If a law enforcement agency seizes or confiscates a pistol

under this subsection, the heir or devisee who is not qualified to

obtain a license under this section retains ownership interest in

the pistol and, within 30 days of being notified of the seizure or

confiscation, may file with a court of competent jurisdiction to

direct the law enforcement agency to lawfully transfer or otherwise

dispose of the pistol. A pistol seized under this subsection shall

not be destroyed, sold, or used while in possession of the seizing

entity or its agents until 30 days have passed since the heir or

devisee has been notified of the seizure and no legal action

regarding the lawful possession or ownership of the seized pistol

has been filed in any court and is pending. As used in this

subsection:

(a) "Devisee" means that term as defined in section 1103 of

the estates and protected individuals code, 1998 PA 386, MCL

700.1103.

(b) "Heir" means that term as defined in section 1104 of the

estates and protected individuals code, 1998 PA 386, MCL 700.1104.

(9) ~~(8)~~ An individual who is not a resident of this state is

not required to obtain a license under this section if all of the

following conditions apply:

(a) The individual is licensed in his or her state of

residence to purchase, carry, or transport a pistol.

(b) The individual is in possession of the license described

in subdivision (a).

possesses, carries, or transports.

(d) The individual possesses the pistol for a lawful purpose.

(e) The individual is in this state for a period of 180 days

or less and does not intend to establish residency in this state.

(10) ~~(9)~~ An individual who is a nonresident of this state

shall present the license described in subsection ~~(8)(a)~~ (9)(a)

upon the demand of a police officer. An individual who violates

this subsection is guilty of a misdemeanor punishable by

imprisonment for not more than 90 days or a fine of not more than

$100.00, or both.

(11) ~~(10)~~ The licensing authority may require a person

claiming active duty status with the United States armed forces to

provide proof of 1 or both of the following:

(a) The person's home of record.

(b) Permanent active duty assignment in this state.

(12) ~~(11)~~ This section does not apply to a person who is

younger than the age required under subsection (3)(b) and who

possesses a pistol if all of the following conditions apply:

(a) The person is not otherwise prohibited from possessing

that pistol.

(b) The person is at a recognized target range.

practice or instruction in the safe use of a pistol.

(d) The person is in the physical presence and under the

direct supervision of any of the following:

(i) The person's parent.

(ii) The person's guardian.

(iii) An individual who is 21 years of age or older, who is

Senate Bill No. 225 as amended September 29, 2015

authorized by the person's parent or guardian, and who has

successfully completed a pistol safety training course or class

that meets the requirements of section 5j(1)(a), (b), or (d), and

received a certificate of completion.

(e) The owner of the pistol is physically present.

(13) ~~(12)~~ This section does not apply to a person who

possesses a pistol if all of the following conditions apply:

(a) The person is not otherwise prohibited from possessing a

pistol.

(b) The person is at a recognized target range or shooting

facility.

practice or instruction in the safe use of a pistol.

(d) The owner of the pistol is physically present and

supervising the use of the pistol.

(14) ~~(13)~~ A person who forges any matter on an application for

a license under this section is guilty of a felony, punishable by

imprisonment for not more than 4 years or a fine of not more than

$2,000.00, or both.

(15) ~~(14)~~ A licensing authority shall implement this section

during all of the licensing authority's normal business hours and

shall set hours for implementation that allow an applicant to use

the license within the time period set forth in subsection (4).

<<Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.>>