HB-4417, As Passed House, June 7, 2017

SUBSTITUTE FOR

HOUSE BILL NO. 4417

As Amended June 7, 2017

[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 sections 5e, 5f, 5g, 12, and 15 (MCL 28.425e, 28.425f, 28.425g,

28.432, and 28.435), sections 5e and 5f as amended by 2015 PA 3, section 5g

as amended by 2012 PA 123, section 12 as amended by 2010 PA 209,

and section 15 as added by 2000 PA 265.]

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

[Sec. 5e. (1) The department of state police shall create and maintain a computerized database of individuals who apply under this act for a license to carry a concealed pistol. The database shall contain only the following information as to each individual:

(a) The individual's name, date of birth, address, county of residence, and state-issued driver license or personal identification card number.

(b) If the individual is licensed to carry a concealed pistol in this state, the license number and date of expiration.

(c) Except as provided in subsection (2), if the individual was denied a license to carry a concealed pistol after July 1, 2001 or issued a notice of statutory disqualification, a statement of the reasons for that denial or notice of statutory disqualification.

(d) A statement of all criminal charges pending and criminal convictions obtained against the individual during the license period.

(e) A statement of all determinations of responsibility for civil infractions of this act pending or obtained against the individual during the license period.

(f) The status of the individual's application or license.

(2) If an individual who was denied a license to carry a concealed pistol after July 1, 2001 or issued a notice of statutory disqualification is subsequently issued a license to carry a concealed pistol, the department of state police shall delete from the computerized database the previous reasons for the denial or notice of statutory disqualification.

(3) The department of state police shall enter the information described in subsection (1)(a), (b), and (f) into the law enforcement information network.

(4) Information in the database shall only be accessed and disclosed according to an access protocol that includes the following requirements:

(a) That the requestor of the firearms records uses the law enforcement information network or another system that maintains a record of the requestor's identity, time, and date that the request was made.

(b) Requires the requestor in an intentional query by name of the firearms records to attest that the firearms records were sought under 1 of the lawful purposes provided in section 1b(2).

(5) The department of state police shall by January 1 of each year file with the secretary of the senate and the clerk of the house of representatives, and post on the department of state police's internet website, an annual report setting forth all of the following information for the state for the previous fiscal year:

(a) The number of concealed pistol applications received.

(b) The number of concealed pistol licenses issued.

(d) Categories for statutory disqualification under subdivision (c).

(e) The number of concealed pistol licenses suspended or revoked.

(f) Categories for suspension or revocation under subdivision (e).

(g) The number of applications pending at the time the report is made.

(h) The mean and median amount of time and the longest and shortest amount of time used by the Federal Bureau of Investigation to supply the fingerprint comparison report required in section 5b(10). The department may use a statistically significant sample to comply with this subdivision.

(i) The total number of individuals licensed to carry a concealed pistol found responsible for a civil violation of this act, the total number of civil violations of this act categorized by offense, the total number of individuals licensed to carry a concealed pistol convicted of a crime, and the total number of those criminal convictions categorized by offense.

(j) The number of suicides by individuals licensed to carry a concealed pistol.

(k) The total amount of revenue the department of state police has received under this act.

(l) Actual costs incurred per initial and renewal license by the department of state police under this act, itemized by each statutory section of this act.

(m) A list of expenditures made by the department of state police from money received under this act, regardless of purpose.

(n) Actual costs incurred per permit for each county clerk.

(o) The number of times the database was accessed, categorized by the purpose for which the database was accessed.

(6) The department of state police shall annually publish a firearms manual on the use and possession of firearms. The manual must include a summary of applicable firearms laws, including, but not limited to, the use of reasonable force in self-defense.]

Sec. 5f. (1) An individual who is licensed to carry a

concealed pistol shall have his or her license to carry that pistol

and his or her state-issued driver license or personal

identification card in his or her possession at all times he or she

is carrying a concealed pistol or a portable device that uses

electro-muscular disruption technology.

(2) An individual who is licensed to carry a concealed pistol

and who is carrying a concealed pistol or a portable device that

uses electro-muscular disruption technology shall show both of the

following to a peace officer upon request by that peace officer:

(a) His or her license to carry a concealed pistol.

(b) His or her state-issued driver license or personal

identification card.

(3) An individual ~~licensed under this act to carry a concealed~~

~~pistol and~~ who is carrying a concealed ~~pistol~~ firearm or a portable

device that uses electro-muscular disruption technology and who is

stopped by a peace officer shall, ~~immediately~~ upon request by the

peace officer, disclose to the peace officer that he or she is

carrying a ~~pistol~~ firearm or a portable device that uses electro-

muscular disruption technology concealed upon his or her person or

in his or her vehicle.

(4) An individual who violates ~~subsection (1) or (2)~~ this

section is responsible for a state civil infraction and shall be

fined $100.00.

~~(5) An individual who violates subsection (3) is responsible~~

~~for a state civil infraction and shall be fined as follows:~~

~~(a) For a first offense, by a fine of $500.00 and by the~~

~~individual's license to carry a concealed pistol being suspended~~

~~for 6 months.~~

~~(b) For a subsequent offense within 3 years of a prior~~

~~offense, by a fine of $1,000.00 and by the individual's license to~~

~~carry a concealed pistol being revoked.~~

~~(6) If an individual is found responsible for a state civil~~

~~infraction under subsection (5), the peace officer shall notify the~~

~~department of state police of that civil infraction. The department~~

~~of state police shall notify the county clerk who issued the~~

~~license, who shall suspend or revoke that license. The county clerk~~

~~shall send notice by first-class mail of that suspension or~~

~~revocation to the individual's last known address as indicated in~~

~~the records of the county clerk. The department of state police~~

~~shall immediately enter that suspension or revocation into the law~~

~~enforcement information network.~~

~~(7) A pistol or portable device that uses electro-muscular~~

~~disruption technology carried in violation of this section is~~

~~subject to immediate seizure by a peace officer. If a peace officer~~

~~seizes a pistol or portable device that uses electro-muscular~~

~~disruption technology under this subsection, the individual has 45~~

~~days in which to display his or her license or documentation to an~~

~~authorized employee of the law enforcement entity that employs the~~

~~peace officer. If the individual displays his or her license or~~

~~documentation to an authorized employee of the law enforcement~~

~~entity that employs the peace officer within the 45-day period, the~~

~~authorized employee of that law enforcement entity shall return the~~

~~pistol or portable device that uses electro-muscular disruption~~

~~technology to the individual unless the individual is prohibited by~~

~~law from possessing a firearm or portable device that uses electro-~~

~~muscular disruption technology. If the individual does not display~~

~~his or her license or documentation within the 45-day period, the~~

~~pistol or portable device that uses electro-muscular disruption~~

~~technology is subject to forfeiture as provided in section 5g. A~~

~~pistol or portable device that uses electro-muscular disruption~~

~~technology is not subject to immediate seizure under this~~

~~subsection if both of the following circumstances exist:~~

~~(a) The individual has his or her state-issued driver license~~

~~or personal identification card in his or her possession when the~~

~~violation occurs.~~

~~(b) The peace officer verifies through the law enforcement~~

~~information network that the individual is licensed to carry a~~

~~concealed pistol.~~

(5) ~~(8)~~ As used in this section, "peace officer" includes a

motor carrier officer appointed under section 6d of 1935 PA 59, MCL

28.6d, and security personnel employed by the state under section

6c of 1935 PA 59, MCL 28.6c.

Sec. 5g. A pistol or portable device that uses electro-

muscular disruption technology carried in violation of this act is

subject to seizure and forfeiture in the same manner that property

is subject to seizure and forfeiture under sections 4701 to 4709 of

the revised judicature act of 1961, 1961 PA 236, MCL 600.4701 to

600.4709. This section does not apply if the violation is a state

civil infraction under section 5f. ~~unless the individual fails to~~

~~present his or her license within the 45-day period described in~~

~~that section.~~

Sec. 12. (1) Section 2 does not apply to any of the following:

(a) A police or correctional agency of the United States or of

this state or any subdivision of this state.

(b) The United States ~~army, air force, navy,~~ Army, Air Force,

Navy, or ~~marine corps.~~Marine Corps.

weapons from the United States or from this state.

(d) The ~~national guard, armed forces reserves,~~ National Guard,

United States Armed Forces Reserves, or other duly authorized

military organization.

(e) A member of an entity or organization described in

subdivisions (a) through (d) for a pistol while engaged in the

course of his or her duties with that entity or while going to or

returning from those duties.

(f) A United States citizen holding a license to carry a

pistol concealed upon his or her person issued by another state.

(g) The regular and ordinary possession and transportation of

a pistol as merchandise by an authorized agent of a person licensed

to manufacture firearms or a licensed dealer.

(h) Purchasing, owning, carrying, possessing, using, or

transporting an antique firearm. As used in this subdivision,

"antique firearm" means that term as defined in section ~~231a~~ 237a

of the Michigan penal code, 1931 PA 328, MCL ~~750.231a.~~750.237a.

(i) An individual carrying, possessing, using, or transporting

a pistol belonging to another individual, if the other individual's

possession of the pistol is authorized by law and the individual

carrying, possessing, using, or transporting the pistol has

obtained a license under section 5b to carry a concealed pistol or

is exempt from licensure as provided in section 12a.

(2) The amendatory act that added subsection (1)(h) shall be

known and may be cited as the "Janet Kukuk act".

Sec. 15. (1) Except as provided in subsection (2), a federally

licensed firearms dealer shall not sell a firearm in this state

unless the sale includes 1 of the following:

(a) A commercially available trigger lock or other device

designed to disable the firearm and prevent the discharge of the

firearm.

(b) A commercially available gun case or storage container

that can be secured to prevent unauthorized access to the firearm.

(2) This section does not apply to any of the following:

(a) The sale of a firearm to a police officer or a police

agency.

(b) The sale of a firearm to a person who presents to the

federally licensed firearms dealer 1 of the following:

(i) A trigger lock or other device designed to disable the

firearm and prevent the discharge of the firearm together with a

copy of the purchase receipt for the federally licensed firearms

dealer to keep. A separate trigger lock or device and a separate

purchase receipt ~~shall be~~ is required for each firearm purchased.

(ii) A gun case or storage container that can be secured to

prevent unauthorized access to the firearm together with a copy of

the purchase receipt for the federally licensed firearms dealer to

keep. A separate gun case or storage container and a separate

purchase receipt ~~shall be~~ is required for each firearm purchased.

subdivision, "antique firearm" means that term as defined in

section ~~231a~~ 237a of the Michigan penal code, 1931 PA 328, MCL

~~750.231a.~~750.237a.

(d) The sale or transfer of a firearm if the seller is not a

federally licensed firearms dealer.

(3) A federally licensed firearms dealer shall not sell a

firearm in this state unless the firearm is accompanied with, free

of charge, a brochure or pamphlet that includes safety information

on the use and storage of the firearm in a home environment.

(4) Upon the sale of a firearm, a federally licensed firearms

dealer shall sign a statement and require the purchaser to sign a

statement stating that the sale is in compliance with subsections

(1), (2), and (3).

(5) A federally licensed firearms dealer shall retain a copy

of the signed statements prescribed in subsection (4) and, if

applicable, a copy of the receipt prescribed in subsection (2)(b),

for at least 6 years.

(6) A federally licensed firearms dealer in this state shall

post in a conspicuous manner at the entrances, exits, and all

points of sale on the premises where firearms are sold a notice

that says the following: "You may be criminally and civilly liable

for any harm caused by a person less than 18 years of age who

lawfully gains unsupervised access to your firearm if unlawfully

stored.".

(7) A federally licensed firearms dealer is not liable for

damages arising from the use or misuse of a firearm if the sale

complies with this section, any other applicable law of this state,

and applicable federal law.

(8) This section does not create a civil action or liability

for damages arising from the use or misuse of a firearm or

ammunition for a person, other than a federally licensed firearms

dealer, who produces a firearm or ammunition.

(9) Subject to subsections (10) to (12), a political

subdivision shall not bring a civil action against any person who

produces a firearm or ammunition. The authority to bring a civil

action under this section is reserved exclusively to the state and

can be brought only by the attorney general. The court shall award

costs and reasonable attorney fees to each defendant named in a

civil action filed in violation of this subsection.

(10) Subject to subsection (11), subsection (9) does not

prohibit a civil action by a political subdivision based on 1 or

more of the following, which the court shall narrowly construe:

(a) A breach of contract, other contract issue, or an action

based on a provision of the uniform commercial code, 1962 PA 174,

MCL 440.1101 to ~~440.11102,~~ 440.9994, in which the political

subdivision is the purchaser and owner of the firearm or

ammunition.

(b) Expressed or implied warranties arising from the purchase

of a firearm or ammunition by the political subdivision or the use

of a firearm or ammunition by an employee or agent of the political

subdivision.

action when an employee or agent or property of the political

subdivision has been injured or damaged as a result of a defect in

the design or manufacture of the firearm or ammunition purchased

and owned by the political subdivision.

(11) Subsection (10) does not allow an action based on any of

the following:

(a) A firearm's or ammunition's inherent potential to cause

injury, damage, or death.

(b) Failure to warn the purchaser, transferee, or user of the

firearm's or ammunition's inherent potential to cause injury,

damage, or death.

device or mechanism to prevent a firearm or ammunition from being

discharged by an unauthorized person unless specifically provided

for by contract.

(12) Subsections (9) through (11) do not create a civil

action.

(13) Subsections (9) through (11) are intended only to clarify

the current status of the law in this state, are remedial in

nature, and, therefore, apply to a civil action pending on ~~the~~

~~effective date of this act.~~June 29, 2000.

(14) Beginning September 1, 2000, a person who violates this

section is guilty of a crime as follows:

(a) Except as provided in subdivision (b) or (c), 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 conviction, the person is guilty of a

misdemeanor punishable by imprisonment for not more than 1 year or

a fine of not more than $1,000.00, or both.

of a felony punishable by imprisonment for not more than 2 years or

a fine of not more than $5,000.00, or both.

(15) As used in this section:

(a) "Federally licensed firearms dealer" means a person

licensed under ~~section 923 of title 18 of the United States Code,~~

18 ~~U.S.C.~~ USC 923.

(b) "Firearm or ammunition" includes a component of a firearm

or ammunition.

association, or other legal entity.

(d) "Political subdivision" means a county, city, village,

township, charter township, school district, community college, or

public university or college.

(e) "Produce" means to manufacture, construct, design,

formulate, develop standards for, prepare, process, assemble,

inspect, test, list, certify, give a warning or instructions

regarding, market, sell, advertise, package, label, distribute, or

transfer.

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. 4416 of the 99th Legislature is enacted into

law.