Bill Text: MI HB5972 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Weapons; licensing; requirement for purchase permit with every new pistol purchase; eliminate, and provide procedures for registration of pistols. Amends secs. 1, 2 & 2b of 1927 PA 372 (MCL 28.421 et seq.). TIE BAR WITH: HB 5973'10

Spectrum: Moderate Partisan Bill (Republican 16-2)

Status: (Introduced - Dead) 2010-07-01 - Referred To Second Reading [HB5972 Detail]

Download: Michigan-2009-HB5972-Introduced.html

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HOUSE BILL No. 5972

 

March 18, 2010, Introduced by Reps. Meltzer, Sheltrown, Walsh, Haveman, Proos, Kurtz, Elsenheimer, Lori, Moss, Denby, Lund, DeShazor, Knollenberg, Daley, Lahti, Pavlov, Pearce and Marleau and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.

 

     A bill to amend 1927 PA 372, entitled

 

"An act to regulate and license the selling, purchasing,

possessing, and carrying of certain firearms and gas ejecting

devices; to prohibit the buying, selling, or carrying of certain

firearms and gas ejecting devices without a license or other

authorization; to provide for the forfeiture of firearms 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, 2, and 2b (MCL 28.421, 28.422, and

 

28.422b), section 1 as amended by 2008 PA 407, section 2 as amended

 

by 2008 PA 406, and section 2b as amended by 2001 PA 199.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. As used in this act:

 

     (a) "Felony" means 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.

 

     (b) "Firearm" means a weapon from which a dangerous projectile

 

may be propelled by an explosive, or by gas or air. Firearm does

 

not include a smooth bore rifle or handgun designed and

 

manufactured exclusively for propelling by a spring, or by gas or

 

air, BB's not exceeding .177 caliber.

 

     (c) "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.

 

     (d) "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.

 

     (e) "Pistol" means a loaded or unloaded firearm that is 30

 

inches or less in length, or a loaded or unloaded firearm that by

 

its construction and appearance conceals it as a firearm.

 

     (f) "Purchaser" means a person who receives a pistol from

 

another person by purchase or gift.

 

     (g) "Registering authority" means the commissioner or chief of

 

police or his or her designee of a city, village, or township in

 

which an individual resides, or the county sheriff or his or her

 

designee in which an individual resides in the parts of a county

 

not included within a city, village, or township having an

 

organized police department.

 

     (h) (g) "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.

 

     (i) (h) "Retired police officer" or "retired law enforcement

 

officer" means an individual who was a police officer or law

 

enforcement officer who was certified as described under section 9a

 

of the commission on the law enforcement standards act, 1965 PA

 

203, MCL 28.609a, and retired in good standing from his or her

 

employment as a police officer or law enforcement officer.

 

     (j) (i) "Seller" means a person who sells or gives a pistol to

 

another person.

 

     (k) (j) "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.

 

     (l) (k) "State court retired judge" means a judge or justice

 

described in subdivision (j) (k) who is retired, or a retired judge

 

of the recorders court.

 

     Sec. 2. (1) Except as otherwise provided in this section, 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.

 

     (1) (2) A person who brings a pistol into this state,

 

including a person 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 register the pistol with the registering authority

 

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 any of the following:

 

     (i) Section 464a(1) 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(10) of the revised judicature act of 1961,

 

1961 PA 236, MCL 600.2950.

 

     (iv) Section 2950a(7) 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(5) 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(1) 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 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 upon forms provided by the director of the department

 

of state police and shall be signed by the licensing authority.

 

Four copies of the license shall be delivered to the applicant by

 

the licensing authority. A license is void unless used within 10

 

days after the date it is issued.

 

     (2) (5) If an individual purchases or otherwise acquires a

 

pistol, the seller shall fill out the license forms describing the

 

pistol, together with complete a record in quadruplicate on a form

 

provided by the department of state police. The record shall

 

describe the pistol and specify the date of sale or acquisition. ,

 

and The seller shall 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 copies of the license

 

record. The purchaser shall return 2 copies of the license record

 

to the licensing registering authority within 10 days after the

 

date the pistol is purchased or acquired. The return of the copies

 

to the licensing registering 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 registering

 

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.

 

     (3) (6) Within 48 hours after receiving the license copies

 

returned under subsection (5) (1) or (2), the licensing registering

 

authority shall forward 1 copy of the license to the department of

 

state police. The licensing registering 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 returned

 

under subsection (5) (1) or (2), the licensing registering

 

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 registering authority does not have that ability, the

 

licensing registering 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. 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 registering authority may charge a fee not to exceed

 

$1.00 for the cost of providing the copy. The licensee 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 license registration

 

or a transfer record under subsection (4). However, the person is

 

not required to have the license registration or transfer record in

 

his or her possession while carrying, using, possessing, or

 

transporting the pistol after this period.

 

     (4) (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 a transfer record is approved by filed with the

 

commissioner or chief of police, sheriff, or their authorized

 

deputies, registering authority and signed by the personal

 

representative of the estate or by the next of kin having authority

 

to dispose of the pistol.

 

     (5) (8) An individual who is not a resident of this state is

 

not required to obtain a license register a pistol 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.

 

     (6) (9) An individual who is a nonresident of this state shall

 

present the license described in subsection (8)(a) (5)(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.

 

     (7) (10) The licensing registering 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.

 

     (8) (11) This section does not apply to a person who is

 

younger than the age required under subsection (3)(b) and less than

 

18 years of age 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.

 

     (9) (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.

 

     (10) (13) The licensing registering authority shall may

 

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 individuals registering or

 

recording the transfer of a pistol under this section. 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.

 

     (11) (15) The basic pistol safety brochure required described

 

in subsection (13) (10) 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.

 

     (12) (16) A person who forges any matter on an application for

 

a license a registration form or transfer record required 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.

 

     (13) (17) A licensing registering authority shall implement

 

this section during all of the licensing registering 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. 2b. (1) Except as provided in subsection (6), upon entry

 

of an order or disposition into the law enforcement information

 

network under any provision of law described in section 2(3)(a)

 

5b(7)(d), the department of state police shall immediately send

 

written notice of that entry to the person who is the subject of

 

the order or disposition. The notice shall be sent by first-class

 

mail to the last known address of the person. The notice shall

 

include at least all of the following:

 

     (a) The name of the person.

 

     (b) The date the order or disposition was entered into the law

 

enforcement information network.

 

     (c) A statement that the person cannot obtain a license to

 

purchase a pistol or obtain a concealed weapon license until the

 

order or disposition is removed from the law enforcement

 

information network.

 

     (d) A statement that the person may request that the state

 

police correct or expunge inaccurate information entered into the

 

law enforcement information network.

 

     (2) A person who is the subject of an order entered into the

 

law enforcement information network under any provision of law

 

described in section 2(3)(a) 5b(7)(d) may request that the

 

department of state police do either of the following:

 

     (a) Amend an inaccuracy in the information entered into the

 

law enforcement information network under any provision of law

 

described in section 2(3)(a) 5b(7)(d).

 

     (b) Expunge the person's name and other information concerning

 

the person from the law enforcement information network regarding 1

 

or more specific entries in the law enforcement information network

 

under any provision of law described in section 2(3)(a) 5b(7)(d)

 

because 1 or more of the following circumstances exist:

 

     (i) The person is not subject to an order of involuntary

 

commitment in an inpatient or outpatient setting due to mental

 

illness.

 

     (ii) The person is not subject to an order or disposition

 

determining that the person is legally incapacitated.

 

     (iii) The person is not subject to a personal protection order

 

issued under any either of the following:

 

     (A) Section 2950 of the revised judicature act of 1961, 1961

 

PA 236, MCL 600.2950.

 

     (B) Section 2950a of the revised judicature act of 1961, 1961

 

PA 236, MCL 600.2950a.

 

     (C) Section 14 of 1846 RS 84, MCL 552.14.

 

     (iv) The person is not subject to an order for release subject

 

to protective conditions that prohibits the purchase or possession

 

of a firearm by the person issued under section 6b of chapter V of

 

the code of criminal procedure, 1927 PA 175, MCL 765.6b.

 

     (3) Before the expiration of 30 days after a request is made

 

to amend an inaccuracy in the law enforcement information network

 

under subsection (2)(a) or to expunge 1 or more specific entries

 

from the law enforcement information network under subsection

 

(2)(b)(i) to (iv), the department of state police shall conduct an

 

investigation concerning the accuracy of the information contained

 

in the law enforcement information network, either grant or deny

 

the request and provide the person with written notice of that

 

grant or denial. A notice of denial shall include a statement

 

specifying the basis of the denial, and that a person may appeal

 

the denial pursuant to under the administrative procedures act of

 

1969, 1969 PA 306, MCL 24.201 to 24.328.

 

     (4) If the department of state police refuses a request by a

 

person for amendment or expunction under subsection (2), or fails

 

to act within 30 days after receiving the request under subsection

 

(2), the person may request a hearing before a hearing officer

 

appointed by the department of state police for a determination of

 

whether information entered into the law enforcement information

 

network should be amended or expunged because it is inaccurate or

 

false. The department of state police shall conduct the hearing

 

pursuant to under the administrative procedures act of 1969, 1969

 

PA 306, MCL 24.201 to 24.328.

 

     (5) Information contained in an order or disposition filed

 

with the department of state police under any provision of law

 

described in section 2(3)(a)(i) to (vii) 5b(7)(d) is exempt from

 

public disclosure under the freedom of information act, 1976 PA

 

442, MCL 15.231 to 15.246.

 

     (6) The department of state police shall not send written

 

notice of an entry of an order or disposition into the law

 

enforcement information network as required for a personal

 

protection order issued under section 2950 or 2950a of the revised

 

judicature act of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a,

 

until that department has received notice that the respondent of

 

the order has been served with or has received notice of the

 

personal protection order.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 5973(request no.

 

05553'09) of the 95th Legislature is enacted into law.