May 13, 2015, Introduced by Reps. Townsend, Sarah Roberts, Talabi, Wittenberg, Chang, Schor, Love, Moss, Zemke, Geiss, Banks, Gay-Dagnogo, Irwin, Pagan, Byrd, Greig, Cochran, Darany, Plawecki, Hoadley, Durhal, Guerra, Dillon, Yanez, Rutledge, Garrett and Singh 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,"
by amending sections 2, 2a, 2b, 12, and 14a (MCL 28.422, 28.422a,
28.422b, 28.432, and 28.434a), section 2 as amended by 2014 PA 201,
section 2a as amended by 2015 PA 3, section 2b as amended by 2014
PA 205, section 12 as amended by 2010 PA 209, and section 14a as
added by 2010 PA 295.
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 firearm
in this state without first having obtained a license for the
pistol
firearm as prescribed in this section.
(2)
A person who brings a pistol firearm
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
firearm 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, firearms,
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
firearms 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 firearm 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 firearm
is a pistol and the seller is licensed under 18 USC 923, is 21
years of age or older.
(c) The person is a citizen of the United States or an alien
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 firearms
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,
firearm, the seller shall fill out the license forms describing the
pistol,
firearm, together with the date of sale or acquisition, and
sign
his or her name in ink indicating that the pistol firearm 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 firearm 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 If the firearm
is a pistol, 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 for a
pistol 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
firearms from wholesalers by dealers regularly engaged in the
business
of selling pistols firearms
at retail, or to the sale,
barter,
or exchange of pistols firearms
kept as relics or curios
not made for modern ammunition or permanently deactivated. This
section
does not prevent the transfer of ownership of pistols
firearms 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.firearm.
(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.firearm.
(b) The individual is in possession of the license described
in subdivision (a).
(c)
The individual is the owner of the pistol firearm he or
she possesses, carries, or transports.
(d)
The individual possesses the pistol firearm for a lawful
purpose. as
that term is defined in section 231a of the Michigan
penal
code, 1931 PA 328, MCL 750.231a.
(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.
(9) An individual who is a nonresident of this state shall
present the license described in subsection (8)(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.
(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.
(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
firearm if all 1 of the following
conditions apply:applies:
(a) The person is not otherwise prohibited from possessing
that
pistol.firearm and all of
the following apply:
(i) (b)
The person is at a recognized
target range.
(ii) (c)
The person possesses the pistol firearm for
the
purpose of target practice or instruction in the safe use of a
pistol.firearm.
(iii) (d)
The person is in the physical
presence and under the
direct supervision of any of the following:
(A) (i) The
person's parent.
(B) (ii) The
person's guardian.
(C) (iii) An
individual who is 21 years of age or older, who
is 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.
(iv) (e)
The owner of the pistol firearm is
physically
present.
(b) The person is not otherwise prohibited from possessing
that firearm and the person possesses the firearm for the purpose
of hunting.
(12) This section does not apply to a person who possesses a
pistol
firearm if all of the following conditions apply:
(a) The person is not otherwise prohibited from possessing a
pistol.firearm.
(b) The person is at a recognized target range or shooting
facility.
(c)
The person possesses the pistol firearm
for the purpose of
target
practice or instruction in the safe use of a pistol.firearm.
(d)
The owner of the pistol firearm
is physically present and
supervising
the use of the pistol.firearm.
(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.
(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).
Sec. 2a. (1) The following individuals are not required to
obtain a license under section 2 to purchase, carry, possess, use,
or
transport a pistol:firearm:
(a) An individual licensed under section 5b, except for an
individual who has an emergency license issued under section 5a(4)
or a receipt serving as a concealed pistol license under section
5b(9) or 5l(3).
(b) A federally licensed firearms dealer.
(c)
An individual who purchases a pistol firearm from a
federally licensed firearms dealer in compliance with 18 USC
922(t).
(d) An individual purchasing a firearm other than a pistol who
has a federal national instant criminal background check performed
on him or her by a federally licensed firearms dealer not more than
30 days before the purchase.
(2) If an individual described in subsection (1) purchases or
otherwise
acquires a pistol, firearm,
the seller shall complete a
record in triplicate on a form provided by the department of state
police. The record shall include the purchaser's concealed weapon
license number or, if the purchaser is a federally licensed
firearms dealer, his or her dealer license number. If the purchaser
is not licensed under section 5b and is not a federally licensed
firearms dealer, the record shall include the dealer license number
of the federally licensed firearms dealer who is selling the
pistol.
firearm or the dealer license
number of the federally
licensed firearms dealer that performed the federal national
instant criminal background check. The purchaser shall sign the
record. The seller may retain 1 copy of the record. The purchaser
shall receive 2 copies of the record and, if the firearm is a
pistol, forward 1 copy to the police department of the city,
village, or township in which the purchaser resides, or, if the
purchaser does not reside in a city, village, or township having a
police department, to the county sheriff, within 10 days following
the purchase or acquisition. The return of the copy to the police
department or county sheriff 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 police department or county sheriff. 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. If the purchaser is licensed
under section 5b, the court shall notify the licensing authority of
that determination.
(3) Within 10 days after receiving the record copy for a
pistol returned under subsection (2), the police department or
county sheriff 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 police department or county sheriff does not have that ability,
the police department or county sheriff shall provide that
information to the department of state police in a manner otherwise
required by the department of state police. Any police department
or county sheriff 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 record copy returned
under subsection (2) to the department of state police, the police
department or county sheriff shall forward the copy of the record
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 police department or county sheriff may charge a
fee not to exceed $1.00 for the cost of providing the copy. The
purchaser 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 record. However,
the person is not required to have the record in his or her
possession while carrying, using, possessing, or transporting the
pistol after this period.
(4) This section does not apply to a person or entity exempt
under section 2(7).
(5) An individual who makes a material false statement on a
sales record under this section is guilty of a felony punishable by
imprisonment for not more than 4 years or a fine of not more than
$2,500.00, or both.
(6) The department of state police may promulgate rules to
implement this section.
(7) As used in this section:
(a) Before December 18, 2012, "federally licensed firearms
dealer" means an individual who holds a type 01 dealer license
under 18 USC 923.
(b) Beginning December 18, 2012, "federally licensed firearms
dealer" means a person licensed to sell firearms under 18 USC 923.
(c) "Person" means an individual, partnership, corporation,
association, or other legal entity.
Sec. 2b. (1) Except as provided in subsection (5), upon entry
of an order or disposition into the law enforcement information
network under any provision of law described in section 2(3)(a),
the department of state police shall immediately send written
notice of that entry to the person who is the subject of the order
or disposition. The notice shall be sent by first-class mail to the
last known address of the person. The notice shall include at least
all of the following:
(a) The name of the person.
(b) The date the order or disposition was entered into the law
enforcement information network.
(c) A statement that the person cannot obtain a license to
purchase
a pistol firearm or obtain a concealed weapon license
until the order or disposition is removed from the law enforcement
information network.
(d) A statement that the person may request that the state
police correct or expunge inaccurate information entered into the
law enforcement information network.
(2) A person who is the subject of an order entered into the
law enforcement information network under any provision of law
described in section 2(3)(a) may request that the department of
state police do either of the following:
(a) Amend an inaccuracy in the information entered into the
law enforcement information network under any provision of law
described in section 2(3)(a).
(b) Expunge the person's name and other information concerning
the person from the law enforcement information network regarding 1
or more specific entries in the law enforcement information network
under any provision of law described in section 2(3)(a) because 1
or more of the following circumstances exist:
(i) The person is not subject to an order of involuntary
commitment in an inpatient or outpatient setting due to mental
illness.
(ii) The person is not subject to an order or disposition
determining that the person is legally incapacitated.
(iii) The person is not subject to a personal protection order
issued under any of the following:
(A) Section 2950 of the revised judicature act of 1961, 1961
PA 236, MCL 600.2950.
(B) Section 2950a of the revised judicature act of 1961, 1961
PA 236, MCL 600.2950a.
(C) Section 14 of 1846 RS 84, MCL 552.14.
(iv) The person is not subject to an order for release subject
to protective conditions that prohibits the purchase or possession
of a firearm by the person issued under section 6b of chapter V of
the code of criminal procedure, 1927 PA 175, MCL 765.6b.
(3) Before the expiration of 30 days after a request is made
to amend an inaccuracy in the law enforcement information network
under subsection (2)(a) or to expunge 1 or more specific entries
from the law enforcement information network under subsection
(2)(b)(i) to (iv), the department of state police shall conduct an
investigation concerning the accuracy of the information contained
in the law enforcement information network, either grant or deny
the request and provide the person with written notice of that
grant or denial. A notice of denial shall include a statement
specifying the basis of the denial, and that a person may appeal
the denial pursuant to the administrative procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328.
(4) If the department of state police refuses a request by a
person for amendment or expunction under subsection (2), or fails
to act within 30 days after receiving the request under subsection
(2), the person may request a hearing before a hearing officer
appointed by the department of state police for a determination of
whether information entered into the law enforcement information
network should be amended or expunged because it is inaccurate or
false. The department of state police shall conduct the hearing
pursuant to the administrative procedures act of 1969, 1969 PA 306,
MCL 24.201 to 24.328.
(5) The department of state police shall not send written
notice of an entry of an order or disposition into the law
enforcement information network as required for a personal
protection order issued under section 2950 or 2950a of the revised
judicature act of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a,
until that department has received notice that the respondent of
the order has been served with or has received notice of the
personal protection order.
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, or marine corps.
(c) An organization authorized by law to purchase or receive
weapons from the United States or from this state.
(d) The national guard, 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 firearm
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 firearm 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 of the
Michigan penal code, 1931 PA 328, MCL 750.231a.
(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. 14a. (1) A law enforcement agency that seizes or
otherwise comes into possession of a firearm or a part of a firearm
subject to disposal under section 14 may, instead of forwarding the
firearm or part of a firearm to the director of the department of
state police or his or her designated representative for disposal
under that section, retain that firearm or part of a firearm for
the following purposes:
(a) For legal sale or trade to a federally licensed firearm
dealer. The proceeds from any sale or trade under this subdivision
shall be used by the law enforcement agency only for law
enforcement purposes. The law enforcement agency shall not sell or
trade a firearm or part of a firearm under this subdivision to any
individual who is a member of that law enforcement agency unless
the individual is a federally licensed firearms dealer and the sale
is made pursuant to a public auction.
(b) For official use by members of the seizing law enforcement
agency who are employed as peace officers. A firearm or part of a
firearm shall not be sold under this subdivision.
(2)
A law enforcement agency that sells or trades any pistol
firearm to a licensed dealer under subsection (1)(a) or retains any
pistol
firearm under subsection (1)(b) shall complete a record of
the transaction under section 2 or section 2a, as applicable.
(3) A law enforcement agency that sells or trades a firearm or
part of a firearm under this section shall retain a receipt of the
sale or trade for a period of not less than 7 years. The law
enforcement agency shall make all receipts retained under this
subsection available for inspection by the department of state
police upon demand and for auditing purposes by the state and the
local unit of government of which the agency is a part.
(4) Before disposing of a firearm under this section, the law
enforcement agency shall do both of the following:
(a) Determine through the law enforcement information network
whether the firearm has been reported lost or stolen. If the
firearm has been reported lost or stolen and the name and address
of the owner can be determined, the law enforcement agency shall
provide 30 days' written notice of its intent to dispose of the
firearm under this section to the owner, and allow the owner to
claim the firearm within that 30-day period if he or she is
authorized to possess the firearm. If the police agency determines
that a serial number has been altered or has been removed or
obliterated from the firearm, the police agency shall submit the
firearm to the department of state police or a forensic laboratory
for serial number verification or restoration to determine legal
ownership.
(b) Provide 30 days' notice to the public on a website
maintained by the law enforcement agency of its intent to dispose
of the firearm under this section. The notice shall include a
description of the firearm and shall state the firearm's serial
number, if the serial number can be determined. The law enforcement
agency shall allow the owner of the firearm to claim the firearm
within that 30-day period if he or she is authorized to possess the
firearm. The 30-day period required under this subdivision is in
addition to the 30-day period required under subdivision (a).
(5) The law enforcement agency is immune from civil liability
for disposing of a firearm in compliance with this section.
(6) As used in this section, "law enforcement agency" means
any agency that employs peace officers.