Bill Text: MI HB5520 | 2009-2010 | 95th Legislature | Chaptered
Bill Title: Weapons; licensing; purchase and possession of pistol by licensed dealer; allow under certain circumstances. Amends sec. 2a of 1927 PA 372 (MCL 28.422a). TIE BAR WITH: HB 5473'09
Spectrum: Slight Partisan Bill (Republican 33-16)
Status: (Passed) 2010-11-30 - Assigned Pa 210'10 With Immediate Effect [HB5520 Detail]
Download: Michigan-2009-HB5520-Chaptered.html
Act No. 210
Public Acts of 2010
Approved by the Governor
November 17, 2010
Filed with the Secretary of State
November 17, 2010
EFFECTIVE DATE: February 15, 2011
STATE OF MICHIGAN
95TH LEGISLATURE
REGULAR SESSION OF 2010
Introduced by Reps. Bolger, Agema, Angerer, Ball, Terry Brown, Byrum, Crawford, Daley, Denby, DeShazor, Elsenheimer, Espinoza, Geiss, Gonzales, Griffin, Haase, Haines, Hansen, Haveman, Hildenbrand, Horn, Jackson, Rick Jones, Knollenberg, Kowall, Kurtz, LeBlanc, Lori, Marleau, Mayes, Meekhof, Meltzer, Moore, Moss, Opsommer, Pavlov, Pearce, Polidori, Proos, Rogers, Roy Schmidt, Wayne Schmidt, Schuitmaker, Paul Scott, Scripps, Segal, Slavens, Stamas and Tyler
ENROLLED HOUSE BILL No. 5520
AN ACT 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 section 2a (MCL 28.422a), as amended by 2008 PA 194.
The People of the State of Michigan enact:
Sec. 2a. (1) An individual who is licensed under section 5b to carry a concealed pistol or who is a federally licensed firearms dealer is not required to obtain a license under section 2 to purchase, carry, possess, or transport a pistol.
(2) If an individual licensed under section 5b or a federally licensed firearms dealer purchases or otherwise acquires a pistol, the seller shall complete a record in quadruplicate 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. The purchaser shall sign the record. The seller may retain 1 copy of the record. The purchaser shall receive 3 copies of the record and forward 2 copies 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 copies 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 concealed weapon licensing board that issued the license of that determination.
(3) Within 48 hours after receiving the record copies returned under subsection (2), the police department or county sheriff shall forward 1 copy of the record to the department of state police. The police department or county sheriff shall retain the other copy of the record as an official record for not less than 6 years. Within 10 days after receiving the record copies 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. 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, “federally licensed firearms dealer” means an individual who holds a type 01 dealer license under 18 USC 923.
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 House Bill No. 5473 of the 95th Legislature is enacted into law.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
