Bill Text: MI HB5497 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Law enforcement; peace officers; reference to law enforcement officers certification under the Michigan commission on law enforcement standards in the firearms act; modify. Amends secs. 1, 2a & 12a of 1927 PA 372 (MCL 28.421 et seq.).
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2016-10-19 - Assigned Pa 301'16 With Immediate Effect [HB5497 Detail]
Download: Michigan-2015-HB5497-Introduced.html
HOUSE BILL No. 5497
March 22, 2016, Introduced by Reps. Kesto and Tedder 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 1, 2a, and 12a (MCL 28.421, 28.422a and
28.432a), sections 1 and 12a as amended by 2015 PA 207 and section
2a as amended by 2016 PA 6.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) As used in this act:
(a) "Corrections officer of the department of corrections"
means a state correctional officer as that term is defined in
section 2 of the correctional officers' training act of 1982, 1982
PA 415, MCL 791.502.
(b) "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.
(c) "Firearm" means any weapon which will, is designed to, or
may readily be converted to expel a projectile by action of an
explosive.
(d) "Firearms records" means any form, information, or record
required for submission to a government agency under sections 2,
2a, 2b, and 5b, or any form, permit, or license issued by a
government agency under this act.
(e) "Local corrections officer" means that term as defined in
section 2 of the local corrections officers training act, 2003 PA
125, MCL 791.532.
(f) "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.
(g) "Parole or probation officer of the department of
corrections" means any individual employed by the department of
corrections to supervise felony probationers or parolees or that
individual's immediate supervisor.
(h) "Peace officer" means, except as otherwise provided in
this act, an individual who is employed as a law enforcement
officer, as that term is defined under section 2 of the commission
on law enforcement standards act, 1965 PA 203, MCL 28.602, by this
state or another state, a political subdivision of this state or
another state, or the United States, and who is required to carry a
firearm in the course of his or her duties as a law enforcement
officer.
(i) "Pistol" means a loaded or unloaded firearm that is 26
inches or less in length, or a loaded or unloaded firearm that by
its construction and appearance conceals it as a firearm.
(j) "Purchaser" means a person who receives a pistol from
another person by purchase or gift.
(k) "Reserve peace officer", "auxiliary officer", or "reserve
officer" means, except as otherwise provided in this act, an
individual authorized on a voluntary or irregular basis by a duly
authorized police agency of this state or a political subdivision
of this state to act as a law enforcement officer, who is
responsible for the preservation of the peace, the prevention and
detection of crime, and the enforcement of the general criminal
laws of this state, and who is otherwise eligible to possess a
firearm under this act.
(l) "Retired corrections officer of the department of
corrections" means an individual who was a corrections officer of
the department of corrections and who retired in good standing from
his or her employment as a corrections officer of the department of
corrections.
(m) "Retired federal law enforcement officer" means an
individual who was an officer or agent employed by a law
enforcement agency of the United States government whose primary
responsibility was enforcing laws of the United States, who was
required to carry a firearm in the course of his or her duties as a
law enforcement officer, and who retired in good standing from his
or her employment as a federal law enforcement officer.
(n) "Retired parole or probation officer of the department of
corrections" means an individual who was a parole or probation
officer of the department of corrections and who retired in good
standing from his or her employment as a parole or probation
officer of the department of corrections.
(o) "Retired police officer" or "retired law enforcement
officer" means an individual who was a police officer or law
enforcement officer who was licensed or certified as described
under
section 9a of in the Michigan
commission on law enforcement
standards
act, 1965 PA 203, MCL 28.609a, 28.601
to 28.615, and
retired in good standing from his or her employment as a police
officer or law enforcement officer. A police officer or law
enforcement officer retired in good standing if he or she receives
a pension or other retirement benefit for his or her service as a
police officer or law enforcement officer or actively maintained a
Michigan commission on law enforcement standards or equivalent
state certification for 10 or more consecutive years.
(p) "Seller" means a person who sells or gives a pistol to
another person.
(q) "State court judge" means a judge of the district court,
circuit court, probate court, or court of appeals or justice of the
supreme court of this state who is serving either by election or
appointment.
(r) "State court retired judge" means a judge or justice
described in subdivision (q) who is retired, or a retired judge of
the recorders court.
(2) A person may lawfully own, possess, carry, or transport as
a pistol a firearm greater than 26 inches in length if all of the
following conditions apply:
(a) The person registered the firearm as a pistol under
section 2 or 2a before January 1, 2013.
(b) The person who registered the firearm as described in
subdivision (a) has maintained registration of the firearm since
January 1, 2013 without lapse.
(c) The person possesses a copy of the license or record
issued to him or her under section 2 or 2a.
(3) A person who satisfies all of the conditions listed under
subsection (2) nevertheless may elect to have the firearm not be
considered to be a pistol. A person who makes the election under
this subsection shall notify the department of state police of the
election in a manner prescribed by that department.
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 commission on law enforcement
standards
act, 1965 PA 203, MCL 28.601 to 28.616.28.615.
(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 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 28.616, 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 28.616, 28.615, 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 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).
(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)
Before December 18, 2012, "federally licensed firearms
dealer"
means an individual who holds a type 01 dealer license
under
18 USC 923.
(a) (b)
Beginning December 18, 2012, "federally "Federally
licensed firearms dealer" means a person licensed to sell firearms
under 18 USC 923.
(b) (c)
"Person" means an
individual, partnership,
corporation, association, or other legal entity.
Sec. 12a. The requirements of this act for obtaining a license
to carry a concealed pistol do not apply to any of the following:
(a) A peace officer of a duly authorized police agency of the
United States or of this state or a political subdivision of this
state, who is regularly employed and paid by the United States or
this state or a subdivision of this state, except a township
constable.
(b) A constable who is trained and licensed or certified under
the Michigan commission on law enforcement standards act, 1965 PA
203,
MCL 28.601 to 28.616, 28.615,
while engaged in his or her
official duties or going to or coming from his or her official
duties, and who is regularly employed and paid by a political
subdivision of this state.
(c) An individual regularly employed by the department of
corrections and authorized in writing by the director of the
department of corrections to carry a concealed pistol during the
performance of his or her duties or while going to or returning
from his or her duties.
(d) An individual regularly employed as a local corrections
officer by a county sheriff, who is trained in the use of force and
is authorized in writing by the county sheriff to carry a concealed
pistol during the performance of his or her duties.
(e) An individual regularly employed in a city jail or lockup
who has custody of individuals detained or incarcerated in the jail
or lockup, is trained in the use of force, and is authorized in
writing by the chief of police or the county sheriff to carry a
concealed pistol during the performance of his or her duties.
(f) A member of the United States Army, Air Force, Navy, or
Marine Corps while carrying a concealed pistol in the line of duty.
(g) A member of the National Guard, armed forces reserves, or
other duly authorized military organization while on duty or drill
or while going to or returning from his or her place of assembly or
practice or while carrying a concealed pistol for purposes of that
military organization.
(h) A resident of another state who is licensed by that state
to carry a concealed pistol.
(i) The regular and ordinary transportation of a pistol as
merchandise by an authorized agent of a person licensed to
manufacture firearms.
(j) An individual while carrying a pistol unloaded in a
wrapper or container in the trunk of his or her vehicle or, if the
vehicle does not have a trunk, from transporting that pistol
unloaded in a locked compartment or container that is separated
from the ammunition for that pistol from the place of purchase to
his or her home or place of business or to a place of repair or
back to his or her home or place of business, or in moving goods
from 1 place of abode or business to another place of abode or
business.
(k) A peace officer or law enforcement officer from Canada.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. 92 or House Bill No.____ (request no.
00913'15 *) of the 98th Legislature is enacted into law.
