Bill Text: MI SB1048 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Weapons; other; requirement for a dealer or seller of a pistol to transmit electronic record of firearms purchase to local law enforcement agency; provide for. Amends secs. 1, 2 & 2a of 1927 PA 372 (MCL 28.421 et seq.).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-06-06 - Referred To Committee On Government Operations [SB1048 Detail]

Download: Michigan-2017-SB1048-Introduced.html

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SENATE BILL No. 1048

 

 

June 6, 2018, Introduced by Senator JONES and referred to the Committee on Government Operations.

 

 

 

     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, 2, and 2a (MCL 28.421, 28.422, and

 

28.422a), section 1 as amended by 2017 PA 95, section 2 as amended

 

by 2015 PA 200, and section 2a as amended by 2016 PA 301.

 

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 Michigan

 

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 an individual or federally

 

licensed firearms dealer that receives a pistol from another person

 

individual or federally licensed firearms dealer 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 in

 

the Michigan commission on law enforcement standards act, 1965 PA

 

203, MCL 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 or license from this

 

state or another state for not less than 10 consecutive years.

 

     (p) "Seller" means a person who an individual or federally

 

licensed firearms dealer that sells or gives transfers a pistol to

 

another person.individual or federally licensed firearms dealer.

 

     (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 An individual 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 individual registered the firearm as a pistol

 

under section 2 or 2a before January 1, 2013.

 

     (b) The person individual who registered the firearm as

 

described in subdivision (a) has maintained registration of the

 

firearm since January 1, 2013 without lapse.

 

     (c) The person individual possesses a copy of the license or

 

record issued to him or her under section 2 or 2a.

 

     (3) A person An individual 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 An individual

 

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. 2. (1) Except as otherwise provided in this act, a person

 

an individual 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 An individual who brings a pistol into this state

 

who is on leave from active duty with the armed forces Armed Forces

 

of the United States or who has been discharged from active duty

 

with the armed forces 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 To obtain a license to purchase, carry, possess, or

 

transport a pistol in this state, an individual shall submit an

 

application to the city, township, or village police department or

 

county sheriff's department having jurisdiction over the

 

applicant's residence. The city, township, or village police

 

department or county sheriff's office 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 immigrant 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.

 

     (4) Applications An application for licenses a license under

 

this section shall be signed by the applicant under oath upon forms

 

must be on a form provided by the director of the department of

 

state police and contain all of the following information:

 

     (a) The applicant's full name.

 

     (b) The address where the applicant resides.

 

     (c) The applicant's date of birth.

 

     (d) The applicant's race and sex.

 

     (e) The applicant's telephone number.

 

     (f) The applicant's driver license number issued under the

 

Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or

 

official state personal identification card number issued under

 

1972 PA 222, MCL 28.291 to 28.300.

 

     (g) If applicable, the applicant's license or certificate

 

number issued under the Michigan commission on law enforcement

 

standards act, 1965 PA 203, MCL 28.601 to 28.615.

 

     (h) Written notice of the penalties provided in subsection

 

(14).

 

     (i) The date of the application.

     (5) Licenses to purchase, carry, possess, or transport pistols

 

shall must be executed in triplicate upon forms provided by the

 

director of issued in a manner prescribed by the department of

 

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

 

copies of the The license shall must be delivered to the applicant

 

by the licensing authority. A license is void unless used within 30

 

days after the date it is issued. The license must include all of

 

the following:

 

     (a) The applicant's full name.

 

     (b) The address where the applicant resides.

 

     (c) The applicant's date of birth.

 

     (d) The applicant's race and sex.

 

     (e) The applicant's telephone number.

 

     (f) The applicant's driver license number issued under the

 

Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or

 

official state personal identification card number issued under

 

1972 PA 222, MCL 28.291 to 28.300.

 

     (g) If applicable, the applicant's license or certificate

 

number issued under the Michigan commission on law enforcement

 

standards act, 1965 PA 203, MCL 28.601 to 28.615.

 

     (h) The date the license was issued.

 

     (i) The date the license expires.

 

     (j) The National Instant Criminal Background Check System

 

transaction number issued at the completion of the required

 

background check.

 

     (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.

 

     (6) Within 10 days after receiving the license 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.

 

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

 

required to obtain a license under this section if he or she is any

 

of the following:

 

     (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.

 

     (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.

 

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

 

present the license described in subsection (9)(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.

 

     (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.

 

     (12) This section does not apply to a person an individual 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 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.

 

     (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.

 

     (14) A person An individual 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.

 

     (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).

 

     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.

 

     (1) (2) If an individual described in subsection (1) purchases

 

or otherwise acquires a pistol, the seller shall complete

 

electronically submit, at the time of the sale or transfer, a

 

record in triplicate on a form provided by of the sale or transfer

 

to the department of state police, in a manner prescribed by the

 

department of state police. The record shall must include the all

 

of the information required in subsection (2) for each pistol sale

 

or transfer submitted.

 

     (2) The department shall maintain a computerized law

 

enforcement database of all pistol sales and pistol transfers

 

required under this act. The law enforcement database must contain

 

all of the following information for each pistol sale or pistol

transfer submitted:

 

     (a) The purchaser's full legal name.

 

     (b) The purchaser's date of birth.

 

     (c) The purchaser's driver license number issued under the

 

Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or a

 

state personal identification card number issued under 1972 PA 222,

 

MCL 28.291 to 28.300.

 

     (d) The address where the purchaser resides.

 

     (e) If the seller is a federally licensed firearms dealer, the

 

federally licensed firearms dealer number issued to the seller and

 

1 of the following:

 

     (i) The purchaser's concealed weapon license number. , the

 

     (ii) The purchaser's federally licensed firearms dealer

 

number.

 

     (iii) The National Instant Criminal Background Check System

 

transaction number issued at the completion of the required

 

background check.

 

     (iv) The purchase permit number issued under section 2.

 

     (f) If the seller is not a federally licensed firearms dealer,

 

1 of the following:

 

     (i) The purchaser and seller's concealed weapon license

 

number.

 

     (ii) 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 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.

 

     (iii) The purchase permit number issued under section 2.

 

     (g) The seller's legal name. If the seller is a federally

 

licensed firearms dealer, the seller's business name.

 

     (h) If the seller is not a federally licensed firearms dealer,

 

the seller's date of birth.

 

     (i) The address where the seller resides. If the seller is a

 

federally licensed firearms dealer, the address where the business

 

is located.

 

     (j) The pistol type.

 

     (k) The manufacturer of the pistol.

 

     (l) The model of the pistol.

 

     (m) The serial number of the pistol.

     (n) The caliber of the pistol.

 

     (o) The shot capacity of the pistol.

 

     (p) The barrel length of the pistol.

 

     (q) The overall length of the pistol.

 

     (r) The date of the sale or transfer.

 

     (3) The seller shall provide the purchaser a receipt of the

 

electronic database submission for each pistol submitted to verify

 

the accuracy of the information submitted.

 

     (4) A purchaser seller 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

 

the seller is found responsible for a state civil infraction under

 

this subsection, the court shall notify the department of state

 

police. If the purchaser seller 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) This section does not apply to any of the following:

 

     (a) The purchase of pistols from wholesalers by dealers

 

regularly engaged in the business of selling pistols at retail.

 

     (b) The sale, barter, or exchange of antique firearms. As used

 

in this subdivision, "antique firearm" means that term as defined

 

in section 231a of the Michigan penal code, 1931 PA 328, MCL

 

750.231a.

     (c) The sale, barter, or exchange of pistols kept as relics or

 

curios not made for modern ammunition or permanently deactivated.

 

     (7) (6) The department of state police may promulgate rules to

 

implement this section.

 

     (8) (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.

 

     (9) (8) As used in this section, :

 

     (a) "Federally "federally licensed firearms dealer" means a

 

person an individual or business licensed to sell firearms under 18

 

USC 923.

 

     (b) "Person" means an individual, partnership, corporation,

 

association, or other legal entity.