March 9, 2016, Introduced by Reps. Wittenberg, Singh, Plawecki, Hoadley, Liberati, Schor, Moss, Guerra, Irwin, Townsend, Greig, Yanez, Pagan, Smiley, Chang, Faris, Gay-Dagnogo, Byrd, Darany, Geiss, Love and Zemke 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 2 and 2a (MCL 28.422 and 28.422a), section 2
as amended by 2015 PA 200 and section 2a as amended by 2015 PA 3.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. (1) Except as otherwise provided in this 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 An individual 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 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 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 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 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.
(i) The individual is not listed on the consolidated terrorist
watch list maintained by the Terrorist Screening Center
administered by the Federal Bureau of Investigation.
(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
triplicate upon forms provided by the director of the department of
state police and shall be signed by the licensing authority. Three
copies of the license shall be delivered to the applicant by the
licensing authority. A license is void unless used within 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 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.
(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.
(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
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.
(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 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 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 any
of the following:
(i) An individual who has an emergency license issued under
section
5a(4). or
(ii) An individual who has a receipt serving as a concealed
pistol license under section 5b(9) or 5l(3).
(iii) An individual who is listed on the consolidated
terrorist watch list maintained by the Terrorist screening center
administered by the Federal Bureau of Investigation.
(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), except
for an individual who is listed on the consolidated terrorist watch
list maintained by the Terrorist Screening Center administered by
the Federal Bureau of Investigation.
(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 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 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) 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.
(b) Beginning December 18, 2012, "federally licensed firearms
dealer" means a person licensed to sell firearms under 18 USC 923.
(c) "Person" means an individual, partnership, corporation,
association, or other legal entity.