June 20, 2019, Introduced by Reps. Reilly, Steven Johnson and Lower and referred to the Committee on Military, Veterans and Homeland Security.
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, 5b, 5o, 12, and 15 (MCL 28.422,
28.422a, 28.425b, 28.425o, 28.432, and 28.435), section 2 as
amended by 2015 PA 200, section 2a as amended by 2016 PA 301,
sections 5b and 5o as amended by 2017 PA 95, 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. 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.
(2) (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 individual 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 individual is 18 years of age or older or, if
the seller is licensed under 18 USC 923, is 21 years of age or
older.
(c)
The person individual 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
an individual is considered a legal resident of this state if any
of the following apply:
(i) The person individual 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 individual is lawfully
registered to vote in
this state.
(iii) The person individual is on active duty
status with the
United
States armed forces Armed
Forces and is stationed outside of
this
state, but the person's individual's
home of record is in this
state.
(iv) The person individual is on active duty
status with the
United
States armed forces Armed
Forces and is permanently
stationed
in this state, but the person's individual's
home of
record is in another state.
(d) A felony charge or a criminal charge listed in section 5b
against
the person individual is not pending at the time of
application.
(e)
The person individual 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 individual 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 individual is not under an order of involuntary
commitment in an inpatient or outpatient setting due to mental
illness.
(h)
The person individual has not been adjudged legally
incapacitated in this state or elsewhere. This subdivision does not
apply
to a person an individual who has had his or her legal
capacity restored by order of the court.
(3) (4)
Applications An applicant for licenses a license under
this
section shall be signed by the applicant sign the application
under
oath upon forms on a form provided by the director of the
department
of state police. Licenses A
licensing authority shall
issue
a license to purchase ,
carry, possess, or transport pistols
shall
be executed in triplicate upon
forms on a form provided by
the
director of the department of state police. and shall be signed
by
the The licensing authority shall sign any license issued under
this
section. Three The licensing authority shall deliver 3 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.
(4) (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.
(5) (6)
Within 10 days after receiving the
license copy
returned
under subsection (5), (4),
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) (4) 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.
(6) (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.
(7) (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 after 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 after 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 must 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.
(8) (9)
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).
(c) The individual is the owner of the pistol he or she
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.
(9) (10)
An individual who is a nonresident
of this state
shall
present the license described in subsection (9)(a) (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) (11)
The licensing authority may require
a person an
individual
claiming active duty status with the
United States armed
forces
Armed Forces to provide proof of 1 or both of the following:
(a)
The person's individual's home of record.
(b) Permanent active duty assignment in this state.
(11) (12)
This section does not apply to a
person an
individual who is younger than the age required under subsection
(3)(b)
(2)(b) and who possesses a pistol if all of the following
conditions apply:
(a)
The person individual is not otherwise prohibited from
possessing that pistol.
(b)
The person individual is at a recognized target range.
(c)
The person individual possesses the pistol for the purpose
of target practice or instruction in the safe use of a pistol.
(d)
The person individual is in the physical presence and
under the direct supervision of any of the following:
(i) The person's individual's parent.
(ii) The person's individual's guardian.
(iii) An individual who is 21 years of age or older, who is
authorized
by the person's individual'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.
(12) (13)
This section does not apply to a
person an
individual who possesses a pistol if all of the following
conditions apply:
(a)
The person individual is not otherwise prohibited from
possessing a pistol.
(b)
The person individual is at a recognized target range or
shooting facility.
(c)
The person individual possesses the pistol for the purpose
of target 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.
(13) (14)
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) (15)
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).(3).
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:
(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 from a federally
licensed firearms dealer in compliance with 18 USC 922(t).
(d) An individual currently employed as a police officer who
is licensed or certified under the Michigan commission on law
enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615.
(2) If an individual described in subsection (1) purchases or
otherwise acquires a pistol, the seller shall complete a record in
triplicate
on a form provided by the department of state police .
The
record shall include that
includes the purchaser's concealed
weapon license number, the number of the purchaser's license or
certificate issued under the Michigan commission on law enforcement
standards act, 1965 PA 203, MCL 28.601 to 28.615, 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 or does not have a license or certificate issued under
the Michigan commission on law enforcement standards act, 1965 PA
203, MCL 28.601 to 28.615, and is not a federally licensed firearms
dealer,
the record shall must include the dealer license number of
the federally licensed firearms dealer who is selling the pistol.
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 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 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).2(6).
(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) The Michigan commission on law enforcement standards shall
provide license or certificate information, as applicable, to the
department of state police to verify the requirements of this
section.
(8) As used in this section:
(a) "Federally licensed firearms dealer" means a person
licensed to sell firearms under 18 USC 923.
(b) "Person" means an individual, partnership, corporation,
association, or other legal entity.
Sec. 5b. (1) To obtain a license to carry a concealed pistol,
an individual shall apply to the county clerk in the county in
which the individual resides. The applicant shall file the
application with the county clerk in the county in which the
applicant resides during the county clerk's normal business hours.
The application must be on a form provided by the director of the
department of state police and allow the applicant to designate
whether the applicant seeks an emergency license. The applicant
shall sign the application under oath. The county clerk or his or
her representative shall administer the oath. An application under
this subsection is not considered complete until an applicant
submits all of the required information and fees and has
fingerprints taken under subsection (9). An application under this
subsection is considered withdrawn if an applicant does not have
fingerprints taken under subsection (9) within 45 days of the date
an application is filed under this subsection. A completed
application and all receipts issued under this section expire 1
year from the date of application. The county clerk shall issue the
applicant a receipt for his or her application at the time the
application is submitted containing the name of the applicant, the
applicant's state-issued driver license or personal identification
card number, the date and time the receipt is issued, the amount
paid, the name of the county in which the receipt is issued, an
impression of the county seal, and the statement, "This receipt was
issued for the purpose of applying for a concealed pistol license
and for obtaining fingerprints related to that application. This
receipt does not authorize an individual to carry a concealed
pistol in this state.". The application must contain all of the
following:
(a) The applicant's legal name, date of birth, the address of
his or her primary residence, and his or her state-issued driver
license or personal identification card number.
(b) A statement by the applicant that the applicant meets the
criteria for a license under this act to carry a concealed pistol.
(c) A statement by the applicant authorizing the department of
state police to access any record needed to perform the
verification in subsection (6).
(d) A statement by the applicant regarding whether he or she
has a history of mental illness that would disqualify him or her
under subsection (7)(j) to (l) from receiving a license to carry a
concealed pistol.
(e) A statement by the applicant regarding whether he or she
has ever been convicted in this state or elsewhere for any of the
following:
(i) Any felony.
(ii) A misdemeanor listed under subsection (7)(h) if the
applicant was convicted of that misdemeanor in the 8 years
immediately preceding the date of the application, or a misdemeanor
listed under subsection (7)(i) if the applicant was convicted of
that misdemeanor in the 3 years immediately preceding the date of
the application.
(f) A statement by the applicant whether he or she has been
dishonorably discharged from the United States Armed Forces.
(g) If an applicant does not have a digitized photograph on
file with the secretary of state, a passport-quality photograph of
the applicant provided by the applicant at the time of application.
(h) A certificate stating that the applicant has completed the
training course prescribed by this act.
(2) The county clerk shall not require the applicant to submit
any additional forms, documents, letters, or other evidence of
eligibility for obtaining a license to carry a concealed pistol
except as set forth in subsection (1) or as otherwise provided for
in this act. The application form must contain a conspicuous
warning that the application is executed under oath and that
intentionally making a material false statement on the application
is a felony punishable by imprisonment for not more than 4 years or
a fine of not more than $2,500.00, or both.
(3) An individual who intentionally makes a material false
statement on an application under subsection (1) 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.
(4) The county clerk shall retain a copy of each application
for a license to carry a concealed pistol as an official record.
One year after the expiration of a concealed pistol license, the
county clerk may destroy the record and a name index of the record
shall
must be maintained in the database created in section 5e.
(5) Each applicant shall pay a nonrefundable application and
licensing fee of $100.00 by any method of payment accepted by that
county for payments of other fees and penalties. Except as provided
in subsection (9), no other charge, fee, cost, or assessment,
including any local charge, fee, cost, or assessment, is required
of the applicant except as specifically authorized in this act. The
applicant shall pay the application and licensing fee to the
county. The county treasurer shall deposit $26.00 of each
application and licensing fee collected under this section in the
concealed pistol licensing fund of that county created in section
5x. The county treasurer shall forward the balance remaining to the
state treasurer. The state treasurer shall deposit the balance of
the fee in the general fund to the credit of the department of
state police. The department of state police shall use the money
received under this act to process the fingerprints and to
reimburse the Federal Bureau of Investigation for the costs
associated with processing fingerprints submitted under this act.
The balance of the money received under this act must be credited
to the department of state police.
(6) The department of state police shall verify the
requirements of subsection (7)(d), (e), (f), (h), (i), (j), (k),
and (m) through the law enforcement information network and the
national instant criminal background check system and shall report
to the county clerk all statutory disqualifications, if any, under
this act that apply to an applicant.
(7) The county clerk shall issue and shall send by first-class
mail a license to an applicant to carry a concealed pistol within
the period required under this act if the county clerk determines
that all of the following circumstances exist:
(a) The applicant is 21 years of age or older.
(b) The applicant is a citizen of the United States or is an
alien lawfully admitted into the United States, is a legal resident
of this state, and has resided in this state for not less than the
6 months immediately preceding the date of application. The county
clerk shall waive the 6-month residency requirement for an
emergency license under section 5a(4) if the applicant is a
petitioner 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, or if the county sheriff determines
that there is clear and convincing evidence to believe that the
safety of the applicant or the safety of a member of the
applicant's family or household is endangered by the applicant's
inability to immediately obtain a license to carry a concealed
pistol. If the applicant holds a valid concealed pistol license
issued by another state at the time the applicant's residency in
this state is established, the county clerk shall waive the 6-month
residency requirement and the applicant may apply for a concealed
pistol license at the time the applicant's residency in this state
is established. For the purposes of this section, an individual is
considered a legal resident of this state if any of the following
apply:
(i) The individual has a valid, lawfully obtained driver
license issued under the Michigan vehicle code, 1949 PA 300, MCL
257.1 to 257.923, or official state personal identification card
issued under 1972 PA 222, MCL 28.291 to 28.300.
(ii) The individual is lawfully registered to vote in this
state.
(iii) The individual is on active duty status with the United
States Armed Forces and is stationed outside of this state, but the
individual's home of record is in this state.
(iv) The individual is on active duty status with the United
States Armed Forces and is permanently stationed in this state, but
the individual's home of record is in another state.
(c) The applicant has knowledge and has had training in the
safe use and handling of a pistol by the successful completion of a
pistol safety training course or class that meets the requirements
of section 5j.
(d) Based solely on the report received from the department of
state police under subsection (6), the applicant is not the subject
of an order or disposition 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.
(iii) Sections 2950 and 2950a of the revised judicature act of
1961, 1961 PA 236, MCL 600.2950 and 600.2950a.
(iv) 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.
(v) Section 16b of chapter IX of the code of criminal
procedure, 1927 PA 175, MCL 769.16b.
(e) Based solely on the report received from the department of
state police under subsection (6), the applicant 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) Based solely on the report received from the department of
state police under subsection (6), the applicant has never been
convicted of a felony in this state or elsewhere, and a felony
charge against the applicant is not pending in this state or
elsewhere at the time he or she applies for a license described in
this section.
(g) The applicant has not been dishonorably discharged from
the United States Armed Forces.
(h) Based solely on the report received from the department of
state police under subsection (6), the applicant has not been
convicted of a misdemeanor violation of any of the following in the
8 years immediately preceding the date of application and a charge
for a misdemeanor violation of any of the following is not pending
against the applicant in this state or elsewhere at the time he or
she applies for a license described in this section:
(i) Section 617a (failing to stop when involved in a personal
injury accident), section 625 as punishable under subsection (9)(b)
of that section (operating while intoxicated, second offense),
section 625m as punishable under subsection (4) of that section
(operating a commercial vehicle with alcohol content, second
offense), section 626 (reckless driving), or a violation of section
904(1) (operating while license suspended or revoked, second or
subsequent offense) of the Michigan vehicle code, 1949 PA 300, MCL
257.617a, 257.625, 257.625m, 257.626, and 257.904.
(ii) Section 185(7) of the aeronautics code of the state of
Michigan, 1945 PA 327, MCL 259.185 (operating aircraft while under
the influence of intoxicating liquor or a controlled substance with
prior conviction).
(iii) Section 29 of the weights and measures act, 1964 PA 283,
MCL 290.629 (hindering or obstructing certain persons performing
official weights and measures duties).
(iv) Section 10 of the motor fuels quality act, 1984 PA 44,
MCL 290.650 (hindering, obstructing, assaulting, or committing
bodily injury upon director or authorized representative).
(v) Section 80176 as punishable under section 80177(1)(b)
(operating vessel under the influence of intoxicating liquor or a
controlled substance, second offense), section 81134 as punishable
under subsection (8)(b) of that section (operating ORV under the
influence of intoxicating liquor or a controlled substance, second
or subsequent offense), or section 82127 as punishable under
section 82128(1)(b) (operating snowmobile under the influence of
intoxicating liquor or a controlled substance, second offense) of
the natural resources and environmental protection act, 1994 PA
451, MCL 324.80176, 324.80177, 324.81134, 324.82127, and 324.82128.
(vi) Section 7403 of the public health code, 1978 PA 368, MCL
333.7403 (possession of controlled substance, controlled substance
analogue, or prescription form).
(vii) Section 353 of the railroad code of 1993, 1993 PA 354,
MCL 462.353, punishable under subsection (4) of that section
(operating locomotive under the influence of intoxicating liquor or
a controlled substance, or while visibly impaired, second offense).
(viii) Section 7 of 1978 PA 33, MCL 722.677 (displaying
sexually explicit matter to minors).
(ix) Section 81 (assault or domestic assault), section 81a(1)
or (2) (aggravated assault or aggravated domestic assault), section
115 (breaking and entering or entering without breaking), section
136b(7) (fourth degree child abuse), section 145n (vulnerable adult
abuse), section 157b(3)(b) (solicitation to commit a felony),
section 215 (impersonating peace officer or medical examiner),
section 223 (illegal sale of a firearm or ammunition), section 224d
(illegal
use or sale of a self-defense spray), section 226a (sale
or
possession of a switchblade), section 227c (improper
transportation
of a loaded firearm), section 229
(accepting a
pistol in pawn), section 232a (improperly obtaining a pistol,
making a false statement on an application to purchase a pistol, or
using false identification to purchase a pistol), section 233
(intentionally aiming a firearm without malice), section 234
(intentionally
discharging a firearm aimed without malice), section
234d
(possessing a firearm on prohibited premises), section 234e
(brandishing a firearm in public), section 234f (possession of a
firearm by an individual less than 18 years of age), section 235
(intentionally discharging a firearm aimed without malice causing
injury), section 235a (parent of a minor who possessed a firearm in
a weapon free school zone), section 236 (setting a spring gun or
other device), section 237 (possessing a firearm while under the
influence of intoxicating liquor or a controlled substance),
section 237a (weapon free school zone violation), section 335a
(indecent exposure), section 411h (stalking), or section 520e
(fourth degree criminal sexual conduct) of the Michigan penal code,
1931 PA 328, MCL 750.81, 750.81a, 750.115, 750.136b, 750.145n,
750.157b,
750.215, 750.223, 750.224d, 750.226a, 750.227c, 750.229,
750.232a,
750.233, 750.234, 750.234d, 750.234e, 750.234f, 750.235,
750.235a, 750.236, 750.237, 750.237a, 750.335a, 750.411h, and
750.520e.
(x) Former section 228 226a of
the Michigan penal code, 1931
PA 328.
(xi) Section 1 (reckless, careless, or negligent use of a
firearm resulting in injury or death), section 2 (careless,
reckless, or negligent use of a firearm resulting in property
damage), or section 3a (reckless discharge of a firearm) of 1952 PA
45, MCL 752.861, 752.862, and 752.863a.
(xii) A violation of a law of the United States, another
state, or a local unit of government of this state or another state
substantially corresponding to a violation described in
subparagraphs (i) to (xi).
(i) Based solely on the report received from the department of
state police under subsection (6), the applicant has not been
convicted of a misdemeanor violation of any of the following in the
3 years immediately preceding the date of application unless the
misdemeanor violation is listed under subdivision (h) and a charge
for a misdemeanor violation of any of the following is not pending
against the applicant in this state or elsewhere at the time he or
she applies for a license described in this section:
(i) Section 625 (operating under the influence), section 625a
(refusal of commercial vehicle operator to submit to a chemical
test), section 625k (ignition interlock device reporting
violation), section 625l (circumventing an ignition interlock
device), or section 625m punishable under subsection (3) of that
section (operating a commercial vehicle with alcohol content) of
the Michigan vehicle code, 1949 PA 300, MCL 257.625, 257.625a,
257.625k, 257.625l, and 257.625m.
(ii) Section 185 of the aeronautics code of the state of
Michigan, 1945 PA 327, MCL 259.185 (operating aircraft under the
influence).
(iii) Section 81134 (operating ORV under the influence or
operating ORV while visibly impaired), or section 82127 (operating
a snowmobile under the influence) of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.81134 and
324.82127.
(iv) Part 74 of the public health code, 1978 PA 368, MCL
333.7401 to 333.7461 (controlled substance violation).
(v) Section 353 of the railroad code of 1993, 1993 PA 354, MCL
462.353, punishable under subsection (3) of that section (operating
locomotive under the influence).
(vi) Section 167 (disorderly person), section 174
(embezzlement), section 218 (false pretenses with intent to
defraud), section 356 (larceny), section 356d (second degree retail
fraud), section 359 (larceny from a vacant building or structure),
section 362 (larceny by conversion), section 362a (larceny –
defrauding lessor), section 377a (malicious destruction of
property), section 380 (malicious destruction of real property),
section 535 (receiving or concealing stolen property), or section
540e (malicious use of telecommunications service or device) of the
Michigan penal code, 1931 PA 328, MCL 750.167, 750.174, 750.218,
750.356, 750.356d, 750.359, 750.362, 750.362a, 750.377a, 750.380,
750.535, and 750.540e.
(vii) A violation of a law of the United States, another
state, or a local unit of government of this state or another state
substantially corresponding to a violation described in
subparagraphs (i) to (vi).
(j) Based solely on the report received from the department of
state police under subsection (6), the applicant has not been found
guilty but mentally ill of any crime and has not offered a plea of
not guilty of, or been acquitted of, any crime by reason of
insanity.
(k) Based solely on the report received from the department of
state police under subsection (6), the applicant is not currently
and has never been subject to an order of involuntary commitment in
an inpatient or outpatient setting due to mental illness.
(l) The applicant has filed a statement under subsection
(1)(d) that the applicant does not have a diagnosis of mental
illness that includes an assessment that the individual presents a
danger to himself or herself or to another at the time the
application is made, regardless of whether he or she is receiving
treatment for that illness.
(m) Based solely on the report received from the department of
state police under subsection (6), the applicant is not under a
court order of legal incapacity in this state or elsewhere.
(n) The applicant has a valid state-issued driver license or
personal identification card.
(8) Upon entry of a court order or conviction of 1 of the
enumerated prohibitions for using, transporting, selling,
purchasing, carrying, shipping, receiving, or distributing a
firearm in this section the department of state police shall
immediately enter the order or conviction into the law enforcement
information network. For purposes of this act, information of the
court order or conviction must not be removed from the law
enforcement information network, but may be moved to a separate
file intended for the use of the department of state police, the
courts, and other government entities as necessary and exclusively
to determine eligibility to be licensed under this act.
(9) An individual, after submitting an application and paying
the fee prescribed under subsection (5), shall request that
classifiable fingerprints be taken by a county clerk, the
department of state police, a county sheriff, a local police
agency, or other entity, if the county clerk, department of state
police, county sheriff, local police agency, or other entity
provides fingerprinting capability for the purposes of this act. An
individual who has had classifiable fingerprints taken under
section 5a(4) does not need additional fingerprints taken under
this subsection. If the individual requests that classifiable
fingerprints be taken by the county clerk, department of state
police, county sheriff, a local police agency, or other entity, the
individual shall also pay a fee of $15.00 by any method of payment
accepted for payments of other fees and penalties. A county clerk
shall deposit any fee it accepts under this subsection in the
concealed pistol licensing fund of that county created in section
5x. The county clerk, department of state police, county sheriff,
local police agency, or other entity shall take the fingerprints
within 5 business days after the request. County clerks, the
department of state police, county sheriffs, local police agencies,
and other entities shall provide reasonable access to
fingerprinting services during normal business hours as is
necessary to comply with the requirements of this act if the county
clerk, department of state police, county sheriff, local police
agency, or other entity provides fingerprinting capability for the
purposes of this act. The entity providing fingerprinting services
shall issue the individual a receipt at the time his or her
fingerprints are taken. The county clerk, department of state
police, county sheriff, local police agency, or other entity shall
not provide a receipt under this subsection unless the individual
requesting the fingerprints provides an application receipt
received under subsection (1). A receipt under this subsection must
contain all of the following:
(a) The name of the individual.
(b) The date and time the receipt is issued.
(c) The amount paid.
(d) The name of the entity providing the fingerprint services.
(e) The individual's state-issued driver license or personal
identification card number.
(f) The statement "This receipt was issued for the purpose of
applying for a concealed pistol license. As provided in section 5b
of 1927 PA 372, MCL 28.425b, if a license or notice of statutory
disqualification is not issued within 45 days after the date this
receipt was issued, this receipt shall serve as a concealed pistol
license for the individual named in the receipt when carried with
an official state-issued driver license or personal identification
card. The receipt is valid as a license until a license or notice
of statutory disqualification is issued by the county clerk. This
receipt does not exempt the individual named in the receipt from
complying with all applicable laws for the purchase of firearms.".
(10) The fingerprints must be taken, under subsection (9), in
a manner prescribed by the department of state police. The county
clerk, county sheriff, local police agency, or other entity shall
immediately forward the fingerprints taken by that entity to the
department of state police for comparison with fingerprints already
on file with the department of state police. The department of
state police shall immediately forward the fingerprints to the
Federal Bureau of Investigation. Within 5 business days after
completing the verification under subsection (6), the department
shall send the county clerk a list of an individual's statutory
disqualifications under this act. Except as provided in section
5a(4), the county clerk shall not issue a concealed pistol license
until he or she receives the report of statutory disqualifications
prescribed in this subsection. If an individual's fingerprints are
not classifiable, the department of state police shall, at no
charge, take the individual's fingerprints again or provide for the
comparisons under this subsection to be conducted through
alternative means. The county clerk shall not issue a notice of
statutory disqualification because an individual's fingerprints are
not classifiable by the Federal Bureau of Investigation.
(11) The county clerk shall send by first-class mail a notice
of statutory disqualification for a license under this act to an
individual if the individual is not qualified under subsection (7)
to receive that license.
(12) A license to carry a concealed pistol that is issued
based upon an application that contains a material false statement
is void from the date the license is issued.
(13) Subject to subsection (10), the department of state
police shall complete the verification required under subsection
(6) and the county clerk shall issue a license or a notice of
statutory disqualification within 45 days after the date the
individual has classifiable fingerprints taken under subsection
(9). The county clerk shall include an indication on the license if
an individual is exempt from the prohibitions against carrying a
concealed pistol on premises described in section 5o if the
applicant provides acceptable proof that he or she qualifies for
that exemption. If the county clerk receives notice from a county
sheriff or chief law enforcement officer that a licensee is no
longer a member of a sheriff's posse, an auxiliary officer, or a
reserve officer, the county clerk shall notify the licensee that he
or she shall surrender the concealed pistol license indicating that
the individual is exempt from the prohibitions against carrying a
concealed pistol on premises described in section 5o. The licensee
shall, within 30 days after receiving notice from the county clerk,
surrender the license indicating that the individual is exempt from
the prohibitions against carrying a concealed pistol on premises
described in section 5o and obtain a replacement license after
paying the fee required under subsection (15). If the county clerk
issues a notice of statutory disqualification, the county clerk
shall within 5 business days do all of the following:
(a) Inform the individual in writing of the reasons for the
denial or disqualification. Information under this subdivision
shall
must include all of the following:
(i) A statement of each statutory disqualification identified.
(ii) The source of the record for each statutory
disqualification identified.
(iii) The contact information for the source of the record for
each statutory disqualification identified.
(b) Inform the individual in writing of his or her right to
appeal the denial or notice of statutory disqualification to the
circuit court as provided in section 5d.
(c) Inform the individual that he or she should contact the
source of the record for any statutory disqualification to correct
any errors in the record resulting in the statutory
disqualification.
(14) If a license or notice of statutory disqualification is
not issued under subsection (13) within 45 days after the date the
individual has classifiable fingerprints taken under subsection
(9), the receipt issued under subsection (9) serves as a concealed
pistol license for purposes of this act when carried with a state-
issued driver license or personal identification card and is valid
until a license or notice of statutory disqualification is issued
by the county clerk.
(15) If an individual licensed under this act to carry a
concealed pistol moves to a different county within this state, his
or her license remains valid until it expires or is otherwise
suspended or revoked under this act. An individual may notify a
county clerk that he or she has moved to a different address within
this state for the purpose of receiving the notice under section
5l(1). A license to carry a concealed pistol that is lost, stolen,
defaced, or replaced for any other reason may be replaced by the
issuing county clerk for a replacement fee of $10.00. A county
clerk shall deposit a replacement fee under this subsection in the
concealed pistol licensing fund of that county created in section
5x.
(16) If a license issued under this act is suspended or
revoked, the license is forfeited and the individual shall return
the license to the county clerk forthwith by mail or in person. The
county clerk shall retain a suspended or revoked license as an
official record 1 year after the expiration of the license, unless
the license is reinstated or a new license is issued. The county
clerk shall notify the department of state police if a license is
suspended or revoked. The department of state police shall enter
that suspension or revocation into the law enforcement information
network. An individual who fails to return a license as required
under this subsection after he or she was notified that his or her
license was suspended or revoked 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.
(17) An applicant or an individual licensed under this act to
carry a concealed pistol may be furnished a copy of his or her
application under this section upon request and the payment of a
reasonable fee not to exceed $1.00. The county clerk shall deposit
any fee collected under this subsection in the concealed pistol
licensing fund of that county created in section 5x.
(18) This section does not prohibit the county clerk from
making public and distributing to the public at no cost lists of
individuals who are certified as qualified instructors as
prescribed under section 5j.
(19) A county clerk issuing an initial license or renewal
license under this act shall mail the license to the licensee by
first-class mail in a sealed envelope. Upon payment of the fee
under subsection (15), a county clerk shall issue a replacement
license in person at the time of application for a replacement
license. A county clerk may also deliver a replacement license by
first-class mail if the individual submits to the clerk a written
request and a copy of the individual's state-issued driver license
or personal identification card.
(20) A county clerk, county sheriff, county prosecuting
attorney, police department, or the department of state police is
not liable for civil damages as a result of issuing a license under
this act to an individual who later commits a crime or a negligent
act.
(21) An individual licensed under this act to carry a
concealed pistol may voluntarily surrender that license without
explanation. A county clerk shall retain a surrendered license as
an official record for 1 year after the license is surrendered. If
an individual voluntarily surrenders a license under this
subsection, the county clerk shall notify the department of state
police. The department of state police shall enter into the law
enforcement information network that the license was voluntarily
surrendered and the date the license was voluntarily surrendered.
(22) As used in this section:
(a) "Acceptable proof" means any of the following:
(i) For a retired police officer or retired law enforcement
officer, the officer's retired identification or a letter from a
law enforcement agency stating that the retired police officer or
law enforcement officer retired in good standing.
(ii) For an individual who is employed or contracted by an
entity described under section 5o(1) to provide security services,
a letter from that entity stating that the employee is required by
his or her employer or the terms of a contract to carry a concealed
firearm on the premises of the employing or contracting entity and
his or her employee identification.
(iii) For an individual who is licensed as a private
investigator or private detective under the professional
investigator licensure act, 1965 PA 285, MCL 338.821 to 338.851,
his or her license.
(iv) For an individual who is a corrections officer of a
county sheriff's department, his or her employee identification and
a letter stating that the individual has received county sheriff
approved weapons training.
(v) For an individual who is a retired corrections officer of
a county sheriff's department, a letter from the county sheriff's
office stating that the retired corrections officer retired in good
standing and that the individual has received county sheriff
approved weapons training.
(vi) For an individual who is a motor carrier officer or
capitol security officer of the department of state police, his or
her employee identification.
(vii) For an individual who is a member of a sheriff's posse,
his or her identification.
(viii) For an individual who is an auxiliary officer or
reserve officer of a police or sheriff's department, his or her
employee identification.
(ix) For an individual who is a parole, probation, or
corrections officer, or absconder recovery unit member, of the
department of corrections, his or her employee identification and
proof that the individual obtained a Michigan department of
corrections weapons permit.
(x) For an individual who is a retired parole, probation, or
corrections officer, or retired absconder recovery unit member, of
the department of corrections, a letter from the department of
corrections stating that the retired parole, probation, or
corrections officer, or retired absconder recovery unit member,
retired in good standing and proof that the individual obtained a
Michigan department of corrections weapons permit.
(xi) For a state court judge or state court retired judge, a
letter from the judicial tenure commission stating that the state
court judge or state court retired judge is in good standing.
(xii) For an individual who is a court officer, his or her
employee identification.
(xiii) For a retired federal law enforcement officer, the
identification
required under the law enforcement officers safety
act
18 USC 926c or a letter from a law enforcement agency stating
that the retired federal law enforcement officer retired in good
standing.
(xiv) For an individual who is a peace officer, his or her
employee identification.
(b) "Convicted" means a final conviction, the payment of a
fine, a plea of guilty or nolo contendere if accepted by the court,
or a finding of guilt for a criminal law violation or a juvenile
adjudication or disposition by the juvenile division of probate
court or family division of circuit court for a violation that if
committed by an adult would be a crime.
(c) "Felony" means, except as otherwise provided in this
subdivision, that term as defined in section 1 of chapter I of the
code of criminal procedure, 1927 PA 175, MCL 761.1, or a violation
of a law of the United States or another state that is designated
as a felony or that is punishable by death or by imprisonment for
more than 1 year. Felony does not include a violation of a penal
law of this state that is expressly designated as a misdemeanor.
(d) "Mental illness" means a substantial disorder of thought
or mood that significantly impairs judgment, behavior, capacity to
recognize reality, or ability to cope with the ordinary demands of
life, and includes, but is not limited to, clinical depression.
(e) "Misdemeanor" means a violation of a penal law of this
state or violation of a local ordinance substantially corresponding
to a violation of a penal law of this state that is not a felony or
a violation of an order, rule, or regulation of a state agency that
is punishable by imprisonment or a fine that is not a civil fine,
or both.
(f) "Treatment" means care or any therapeutic service,
including, but not limited to, the administration of a drug, and
any other service for the treatment of a mental illness.
Sec. 5o. (1) Subject to subsection (5), an individual licensed
under this act to carry a concealed pistol, or who is exempt from
licensure under section 12a(h), shall not carry a concealed pistol
on
the premises of any of the following:
(a)
A a school or school property except that a parent or
legal guardian of a student of the school is not precluded from
carrying a concealed pistol while in a vehicle on school property,
if he or she is dropping the student off at the school or picking
up the student from the school. As used in this section, "school"
and "school property" mean those terms as defined in section 237a
of the Michigan penal code, 1931 PA 328, MCL 750.237a.
(b)
A public or private child care center or day care center,
public
or private child caring institution, or public or private
child
placing agency.
(c)
A sports arena or stadium.
(d)
A bar or tavern licensed under the Michigan liquor control
code
of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, where the
primary
source of income of the business is the sale of alcoholic
liquor
by the glass and consumed on the premises. This subdivision
does
not apply to an owner or employee of the business. The
Michigan
liquor control commission shall develop and make available
to
holders of licenses under the Michigan liquor control code of
1998,
1998 PA 58, MCL 436.1101 to 436.2303, an appropriate sign
stating
that "This establishment prohibits patrons from carrying
concealed
weapons". The owner or operator of an establishment
licensed
under the Michigan liquor control code of 1998, 1998 PA
58,
MCL 436.1101 to 436.2303, may post the sign developed under
this
subdivision.
(e)
Any property or facility owned or operated by a church,
synagogue,
mosque, temple, or other place of worship, unless the
presiding
official or officials of the church, synagogue, mosque,
temple,
or other place of worship permit the carrying of concealed
pistol
on that property or facility.
(f)
An entertainment facility with a seating capacity of 2,500
or
more individuals that the individual knows or should know has a
seating
capacity of 2,500 or more individuals or that has a sign
above
each public entrance stating in letters not less than 1-inch
high
a seating capacity of 2,500 or more individuals.
(g)
A hospital.
(h)
A dormitory or classroom of a community college, college,
or
university.
(2) Subject to subsection (5), an individual shall not carry a
portable device that uses electro-muscular disruption technology on
any of the premises described in subsection (1).
(3) An individual licensed under this act to carry a concealed
pistol, or who is exempt from licensure under section 12a(h), shall
not carry a concealed pistol in violation of R 432.1212 of the
Michigan Administrative Code promulgated under the Michigan gaming
control and revenue act, 1996 IL 1, MCL 432.201 to 432.226.
(4) As used in subsection (1), "premises" does not include
parking areas of the places identified under subsection (1).
(5) Subsections (1) and (2) do not apply to any of the
following:
(a) An individual licensed under this act who is a retired
police officer, retired law enforcement officer, or retired federal
law enforcement officer.
(b) An individual who is licensed under this act and who is
employed or contracted by an entity described under subsection (1)
to provide security services and is required by his or her employer
or the terms of a contract to carry a concealed firearm on the
premises of the employing or contracting entity.
(c) An individual who is licensed as a private investigator or
private detective under the professional investigator licensure
act, 1965 PA 285, MCL 338.821 to 338.851.
(d) An individual who is licensed under this act and who is a
corrections officer of a county sheriff's department or who is
licensed under this act and is a retired corrections officer of a
county sheriff's department, if that individual has received county
sheriff approved weapons training.
(e) An individual who is licensed under this act and who is a
motor carrier officer or capitol security officer of the department
of state police.
(f) An individual who is licensed under this act and who is a
member of a sheriff's posse.
(g) An individual who is licensed under this act and who is an
auxiliary officer or reserve officer of a police or sheriff's
department.
(h) An individual who is licensed under this act and who is
any of the following:
(i) A parole, probation, or corrections officer, or absconder
recovery unit member, of the department of corrections, if that
individual has obtained a Michigan department of corrections
weapons permit.
(ii) A retired parole, probation, or corrections officer, or
retired absconder recovery unit member, of the department of
corrections, if that individual has obtained a Michigan department
of corrections weapons permit.
(i) A state court judge or state court retired judge who is
licensed under this act.
(j) An individual who is licensed under this act and who is a
court officer.
(k) An individual who is licensed under this act and who is a
peace officer.
(6) An individual who violates this section is responsible for
a state civil infraction or guilty of a crime as follows:
(a) Except as provided in subdivisions (b) and (c), the
individual is responsible for a state civil infraction and may be
fined not more than $500.00. The court shall order the individual's
license to carry a concealed pistol suspended for 6 months.
(b) For a second violation, the individual is guilty of a
misdemeanor punishable by a fine of not more than $1,000.00. The
court shall order the individual's license to carry a concealed
pistol revoked.
(c) For a third or subsequent violation, the individual is
guilty of a felony punishable by imprisonment for not more than 4
years or a fine of not more than $5,000.00, or both. The court
shall order the individual's license to carry a concealed pistol
revoked.
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.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, 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.
(c) The sale of 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.
(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.
(c) A product liability, personal injury, or wrongful death
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.
(c) Failure to sell with or incorporate into the product a
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 to
(11) do not create a civil
action.
(13)
Subsections (9) through to
(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.
(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.
(c) For a third or subsequent conviction, the person is guilty
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.
(c) "Person" means an individual, partnership, corporation,
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 does not take effect
unless Senate Bill No.____ or House Bill No._4770 (request no.
00320'19 *) of the 100th Legislature is enacted into law.