Bill Text: MI HB4569 | 2009-2010 | 95th Legislature | Engrossed

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Bill Title: Weapons; licensing; temporary possession of pistol by person who received the pistol through testamentary disposition or laws of descent; allow pending receipt of license. Amends sec. 2 of 1927 PA 372 (MCL 28.422).

Spectrum: Slight Partisan Bill (Republican 37-20)

Status: (Introduced - Dead) 2009-12-18 - Referred To Committee On Judiciary [HB4569 Detail]

Download: Michigan-2009-HB4569-Engrossed.html

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HB-4569, As Passed House, December 17, 2009

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4569

 

 

 

 

 

 

 

 

 

 

 

 

     A bill 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 2 (MCL 28.422), as amended by 2008 PA 406.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. (1) Except as otherwise provided in this section, 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 residing within the city, village, township, or county,

 

as applicable 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 pursuant to any of the following:

 

     (i) Section 464a(1) 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(10) 2950 of the revised judicature act of

 

1961, 1961 PA 236, MCL 600.2950.

 

     (iv) Section 2950a(7) 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(5) 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(1) 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 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.

 

     (i) The person correctly answers 70% or more of the questions

 

on a basic pistol safety review questionnaire approved by the

 

department of state police and provided to the individual free of

 

charge by the licensing authority. If the person fails to correctly

 

answer 70% or more of the questions on the basic pistol safety

 

review questionnaire, the licensing authority shall inform the

 

person of the questions he or she answered incorrectly and allow

 

the person to attempt to complete another basic pistol safety

 

review questionnaire. The person shall not be allowed to attempt to

 

complete more than 2 basic pistol safety review questionnaires on

 

any single day. The licensing authority shall allow the person to

 

attempt to complete the questionnaire during normal business hours

 

on the day the person applies for his or her license.

 

     (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

 

quadruplicate upon forms provided by the director of the department

 

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

 

Four copies of the license shall be delivered to the applicant by

 

the licensing authority. A license is void unless used within 10

 

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 3

 

copies of the license. The purchaser shall return 2 copies of the

 

license to the licensing authority within 10 days after the date

 

the pistol is purchased or acquired. The return of the copies 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 48 hours after receiving the license copies

 

returned under subsection (5), the licensing authority shall

 

forward 1 copy of the license to the department of state police.

 

The licensing authority shall retain the other copy of the license

 

as an official record for not less than 6 years. Within 10 days

 

after receiving the license copies 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. 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's parent or guardian is physically present and

 

supervising the person.

 

     (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 obtains a pistol through testamentary

 

disposition or laws of descent and distribution may, within 10 days

 

after obtaining actual physical possession of the pistol, transfer

 

ownership of the pistol to himself or herself or to another person

 

if all of the following apply:

 

     (a) The person to whom ownership is to be transferred is not

 

otherwise prohibited from possessing a pistol.

 

     (b) The license to purchase is approved by the commissioner or

 

chief of police or the county sheriff or by his or her designated

 

representative within that law enforcement agency.

 

     (c) The personal representative of the estate or the next of

 

kin having legal authority to dispose of the pistol signs the

 

license to purchase as the seller.

 

     (14) If the person obtained possession of the pistol through

 

testamentary disposition or laws of descent and distribution before

 

January 7, 2009, the person shall apply for a license under this

 

section before December 31, 2009.

 

     (15) (13) The licensing authority shall provide a basic pistol

 

safety brochure to each applicant for a license under this section

 

before the applicant answers the basic pistol safety review

 

questionnaire. A basic pistol safety brochure shall contain, but is

 

not limited to providing, information on all of the following

 

subjects:

 

     (a) Rules for safe handling and use of pistols.

 

     (b) Safe storage of pistols.

 

     (c) Nomenclature and description of various types of pistols.

 

     (d) The responsibilities of owning a pistol.

 

     (16) (14) The basic pistol safety brochure shall be supplied

 

in addition to the safety pamphlet required by section 9b.

 

     (17) (15) The basic pistol safety brochure required in

 

subsection (13) (15) shall be produced by a national nonprofit

 

membership organization that provides voluntary pistol safety

 

programs that include training individuals in the safe handling and

 

use of pistols.

 

     (18) (16) 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.

 

     (19) (17) 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).