HOUSE BILL NO. 6273

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 14b.

the people of the state of michigan enact:

Sec. 14b. (1) A licensed dealer shall do all of the following:

(a) Any time a licensed dealer is not open for business, ensure that every firearm is stored in 1 of the following ways:

(i) In a locked fireproof safe or vault in the licensed dealer's premises.

(ii) Secured with a hardened steel rod or cable.

(b) Except in the immediate presence of and under the direct supervision of an employee of the licensed dealer, any time a licensed dealer is open for business, ensure that every firearm is unloaded, inaccessible to the public, and secured using 1 of the following methods:

(i) Secured in a locked case so that a customer seeking access to the firearm must ask an employee of the licensed dealer for assistance.

(ii) Secured behind a counter where only the licensed dealer and the licensed dealer's employees are allowed. During the absence of the licensed dealer or a licensed dealer's employee from the counter, the counter must be secured with a locked, impenetrable barrier.

(iii) Secured with a hardened steel rod or cable.

(c) Except in the immediate presence of and under the direct supervision of an employee of the licensed dealer, any time a licensed dealer is open for business, the licensed dealer shall ensure that all ammunition is stored so that it is inaccessible to the public and secured using 1 of the following methods:

(i) Secured within a locked case so that a customer seeking access to the ammunition must ask an employee of the licensed dealer for assistance.

(ii) Secured behind a counter where only the licensed dealer and the licensed dealer's employees are allowed. During the absence of the licensed dealer or a licensed dealer's employee from the counter, the counter must be secured with a locked, impenetrable barrier.

(d) The premises where the licensed dealer sells firearms must be secured by an alarm system that is installed and maintained by a security alarm contractor.

(e) The premises where the licensed dealer sells firearms must be monitored by a video surveillance system that meets all of the following requirements:

(i) The system includes cameras, monitors, digital video recorders, and cabling, if necessary.

(ii) The cameras are sufficient in number and location to monitor the critical areas of the premises, including, but not limited to, all places where firearms or ammunition are stored, handled, sold, transferred, or carried, including, but not limited to, all counters, safes, vaults, cabinets, cases, entryways, and parking lots. The video surveillance system must operate continuously, without interruption, whenever the licensed dealer is open for business. Whenever the licensed dealer is not open for business, the system must be triggered by a motion detector and begin recording immediately upon detection of any motion within the monitored area.

(iii) The video surveillance system must record the sale or transfer of a firearm or ammunition so that the facial features of the purchaser or transferee are clearly visible.

(iv) When recording, the video surveillance system must record continuously and store color images of the monitored area. The system must produce retrievable and identifiable images and video recordings on media approved by local law enforcement that can be enlarged through projection or other means and can be made a permanent record for use in a criminal investigation. The system must be capable of delineating on playback the activity and physical features of individuals or areas within the premises.

(v) The video surveillance system must be maintained in proper working order at all times. If the system becomes inoperable, the licensed dealer shall repair or replace the system not later than 14 calendar days after the system becomes inoperable. The licensed dealer shall inspect the system at least weekly to ensure that the system is operational and images are being recorded and retained as required.

(f) The licensed dealer shall store images or recordings under subdivision (e) on the licensed dealer's premises for not less than 1 year after the date of the image or recording and make those images or recordings available for inspection by federal, state, or local law enforcement upon request.

(2) A licensed dealer that violates this section is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $1,000.00.

(3) As used in this section:

(a) "Alarm system" means a system that, when an unauthorized entry has occurred, activates a bell, gong, horn, or siren located on the outside of the premises that is audible from a minimum distance of 500 feet.

(b) "Licensed dealer" means a person licensed to sell firearms under 18 USC 923.

(c) "Security alarm contractor" means a business engaged in the installation, maintenance, alteration, monitoring, or servicing of security alarm systems or a company that responds to a security alarm system and has received a MiCLEAR license from this state.