February 13, 2014, Introduced by Reps. Crawford, Nesbitt, McBroom, Rendon, Jenkins, Pettalia, Cotter, LaVoy, MacGregor, Lauwers, Heise, Schmidt, Dianda and Kivela 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 section 1 (MCL 28.421), as amended by 2012 PA 243.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (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, BBs not exceeding .177 caliber.
(c) "Firearms records" means any form, information, or record
required for submission to a government agency under sections 2a,
2b, and 5b, or any form, permit, or license issued by a government
agency under this act.
(d) (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.
(e) (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.
(f)
(e) "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.
(g) (f)
"Purchaser" means a
person who receives a pistol from
another person by purchase or gift.
(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.
(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.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 97th Legislature are
enacted into law:
(a) House Bill No. 4155.
(b) Senate Bill No. ____ or House Bill No. 5327 (request no.
04851'14).
(c) Senate Bill No. ____ or House Bill No. 5324 (request no.
04852'14).
(d) Senate Bill No. ____ or House Bill No. 5328 (request no.
04853'14).
(e) Senate Bill No. ____ or House Bill No. 5326 (request no.
04854'14).
(f) Senate Bill No. 49.
(g) Senate Bill No. ____ or House Bill No. 5329 (request no.
00974'13 a).