Bill Text: MI HB5225 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Weapons; firearms; certain procedures for purchase and possession of pistols; revise. Amends secs. 2 & 2a of 1927 PA 372 (MCL 28.422 & 28.422a) & repeals secs. 9a, 9b, 9c & 11 of 1927 PA 372 (MCL 28.429a et seq.).
Spectrum: Partisan Bill (Republican 46-2)
Status: (Passed) 2012-12-27 - Assigned Pa 377'12 With Immediate Effect [HB5225 Detail]
Download: Michigan-2011-HB5225-Engrossed.html
HB-5225, As Passed Senate, December 12, 2012
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 5225
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 and 2a (MCL 28.422 and 28.422a), section 2
as amended by 2010 PA 20 and section 2a as amended by 2010 PA 210;
and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
2. (1) Except as otherwise provided in this section act,
a person shall not purchase, carry, possess, or transport a pistol
in this state without first having obtained a license for the
pistol as prescribed in this section.
(2) A person who brings a pistol into this state who is on
leave from active duty with the armed forces of the United States
or who has been discharged from active duty with the armed forces
of the United States shall obtain a license for the pistol within
30 days after his or her arrival in this state.
(3) The commissioner or chief of police of a city, township,
or village police department that issues licenses to purchase,
carry, possess, or transport pistols, or his or her duly authorized
deputy, or the sheriff or his or her duly authorized deputy, in the
parts of a county not included within a city, township, or village
having an organized police department, in discharging the duty to
issue licenses shall with due speed and diligence issue licenses to
purchase, carry, possess, or transport pistols to qualified
applicants
residing within the city, village, township, or county,
as
applicable unless he or she has
probable cause to believe that
the applicant would be a threat to himself or herself or to other
individuals, or would commit an offense with the pistol that would
violate a law of this or another state or of the United States. An
applicant is qualified if all of the following circumstances exist:
(a) The person is not subject to an order or disposition for
which he or she has received notice and an opportunity for a
hearing, and which was entered into the law enforcement information
network
pursuant to under any of the following:
(i) Section 464a of the mental health code, 1974 PA 258, MCL
330.1464a.
(ii) Section 5107 of the estates and protected individuals
code, 1998 PA 386, MCL 700.5107, or section 444a of former 1978 PA
642.
(iii) Section 2950 of the revised judicature act of 1961, 1961
PA 236, MCL 600.2950.
(iv) Section 2950a of the revised judicature act of 1961, 1961
PA 236, MCL 600.2950a.
(v) Section 14 of 1846 RS 84, MCL 552.14.
(vi) Section 6b of chapter V of the code of criminal procedure,
1927 PA 175, MCL 765.6b, if the order has a condition imposed under
section 6b(3) of chapter V of the code of criminal procedure, 1927
PA 175, MCL 765.6b.
(vii) Section 16b of chapter IX of the code of criminal
procedure, 1927 PA 175, MCL 769.16b.
(b) The person is 18 years of age or older or, if the seller
is licensed under 18 USC 923, is 21 years of age or older.
(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
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.
(i)
The person correctly answers 70% or more of the questions
on
a basic pistol safety review questionnaire approved by the
department
of state police and provided to the individual free of
charge
by the licensing authority. If the person fails to correctly
answer
70% or more of the questions on the basic pistol safety
review
questionnaire, the licensing authority shall inform the
person
of the questions he or she answered incorrectly and allow
the
person to attempt to complete another basic pistol safety
review
questionnaire. The person shall not be allowed to attempt to
complete
more than 2 basic pistol safety review questionnaires on
any
single day. The licensing authority shall allow the person to
attempt
to complete the questionnaire during normal business hours
on
the day the person applies for his or her license.
(4) Applications for licenses under this section shall be
signed by the applicant under oath upon forms provided by the
director of the department of state police. Licenses to purchase,
carry, possess, or transport pistols shall be executed in
quadruplicate
triplicate upon forms provided by the director of the
department of state police and shall be signed by the licensing
authority.
Four Three copies of the license shall be delivered to
the applicant by the licensing authority. A license is void unless
used
within 10 30 days after the date it is issued.
(5) If an individual purchases or otherwise acquires a pistol,
the seller shall fill out the license forms describing the pistol,
together with the date of sale or acquisition, and sign his or her
name in ink indicating that the pistol was sold to or otherwise
acquired by the purchaser. The purchaser shall also sign his or her
name in ink indicating the purchase or other acquisition of the
pistol from the seller. The seller may retain a copy of the license
as
a record of the transaction. The purchaser shall receive 3 2
copies
of the license. The purchaser shall return 2 copies 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 copies
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 48 hours after receiving the license copies
returned
under subsection (5), the licensing authority shall
forward
1 copy of the license to the department of state police.
The
licensing authority shall retain the other copy of the license
as
an official record for not less than 6 years. Within 10 days
after
receiving the license copies copy
returned under subsection
(5), the licensing authority shall electronically enter the
information into the pistol entry database as required by the
department of state police if it has the ability to electronically
enter that information. If the licensing authority does not have
that ability, the licensing authority shall provide that
information to the department of state police in a manner otherwise
required by the department of state police. Any licensing authority
that provided pistol descriptions to the department of state police
under former section 9 of this act shall continue to provide pistol
descriptions to the department of state police under this
subsection. Within 48 hours after entering or otherwise providing
the information on the license copy returned under subsection (5)
to the department of state police, the licensing authority shall
forward the copy of the license to the department of state police.
The purchaser has the right to obtain a copy of the information
placed in the pistol entry database under this subsection to verify
the accuracy of that information. The licensing authority may
charge a fee not to exceed $1.00 for the cost of providing the
copy. The licensee may carry, use, possess, and transport the
pistol for 30 days beginning on the date of purchase or acquisition
only while he or she is in possession of his or her copy of the
license. However, the person is not required to have the license in
his or her possession while carrying, using, possessing, or
transporting the pistol after this period.
(7) This section does not apply to the purchase of pistols
from wholesalers by dealers regularly engaged in the business of
selling pistols at retail, or to the sale, barter, or exchange of
pistols kept as relics or curios not made for modern ammunition or
permanently deactivated. This section does not prevent the transfer
of ownership of pistols that are inherited if the license to
purchase is approved by the commissioner or chief of police,
sheriff, or their authorized deputies, and signed by the personal
representative of the estate or by the next of kin having authority
to dispose of the pistol.
(8) 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
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 if all of the following conditions apply:
(a) The person is not otherwise prohibited from possessing
that pistol.
(b) The person is at a recognized target range.
(c) The person possesses the pistol for the purpose of target
practice or instruction in the safe use of a pistol.
(d) The person's parent or guardian is physically present and
supervising the person.
(e) The owner of the pistol is physically present.
(12) This section does not apply to a person who possesses a
pistol if all of the following conditions apply:
(a) The person is not otherwise prohibited from possessing a
pistol.
(b) The person is at a recognized target range or shooting
facility.
(c) The person 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)
The licensing authority shall provide a basic pistol
safety
brochure to each applicant for a license under this section
before
the applicant answers the basic pistol safety review
questionnaire.
A basic pistol safety brochure shall contain, but is
not
limited to providing, information on all of the following
subjects:
(a)
Rules for safe handling and use of pistols.
(b)
Safe storage of pistols.
(c)
Nomenclature and description of various types of pistols.
(d)
The responsibilities of owning a pistol.
(14)
The basic pistol safety brochure shall be supplied in
addition
to the safety pamphlet required by section 9b.
(15)
The basic pistol safety brochure required in subsection
(13)
shall be produced by a national nonprofit membership
organization
that provides voluntary pistol safety programs that
include
training individuals in the safe handling and use of
pistols.
(13) (16)
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) (17)
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) An individual who is licensed under section 5b to
carry
a concealed pistol or who is a federally licensed firearms
dealer
is 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.
(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).
(2)
If an individual licensed under section 5b or a federally
licensed
firearms dealer described in
subsection (1) purchases or
otherwise acquires a pistol, the seller shall complete a record in
quadruplicate
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. The purchaser shall sign the record. The seller may retain
1
copy of the record. The purchaser shall receive 3 2 copies
of the
record
and forward 2 copies 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 copies
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 concealed weapon licensing board that issued the
license of that determination.
(3)
Within 48 hours after receiving the record copies returned
under
subsection (2), the police department or county sheriff shall
forward
1 copy of the record to the department of state police. The
police
department or county sheriff shall retain the other copy of
the
record as an official record for not less than 6 years. Within
10
days after receiving the record copies 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).
(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, "federally licensed firearms
dealer" means an individual who holds a type 01 dealer license
under 18 USC 923.
Enacting section 1. Sections 9a, 9b, 9c, and 11 of 1927 PA
372, MCL 28.429a, 28.429b, 28.429c, and 28.431, are repealed.
