Bill Text: MI HB5748 | 2013-2014 | 97th Legislature | Engrossed

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Bill Title: Weapons; firearms; reference to certain repealed definition in the penal code; eliminate. Amends sec. 2 of 1927 PA 372 (MCL 28.422).

Spectrum: Strong Partisan Bill (Republican 13-1)

Status: (Introduced - Dead) 2014-12-03 - Referred To Committee Of The Whole [HB5748 Detail]

Download: Michigan-2013-HB5748-Engrossed.html

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HB-5748, As Passed House, November 12, 2014

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5748

 

September 9, 2014, Introduced by Reps. Rendon, Kurtz, Lauwers, Daley, Johnson, Pettalia, Franz, Goike, VerHeulen, Jenkins, Cotter, Potvin, LaFontaine and Santana 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 2 (MCL 28.422), as amended by 2014 PA 201.

 

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 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 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 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 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 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.

 

     (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. This section does not prevent the transfer

 

of ownership of pistols that are inherited if the license to

 

purchase is approved by the commissioner or chief of police,

 

sheriff, or their authorized deputies, and signed by the personal

 

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

 

to dispose of the pistol.

 

     (8) 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.

 

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.

 

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

 

present the license described in subsection (8)(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.

 

     (10) The licensing 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.

 

     (11) This section does not apply to a person 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 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 is in the physical presence and under the

 

direct supervision of any of the following:

 

     (i) The person's parent.

 

     (ii) The person's guardian.

 

     (iii) An individual who is 21 years of age or older, who is

 

authorized by the person'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.

 

     (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.

 

     (13) 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.

 

     (14) 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).