Bill Text: MI HB5302 | 2015-2016 | 98th Legislature | Introduced

---

Bill Title: Weapons; firearms; 1927 PA 372; update references. Amends secs. 12 & 15 of 1927 PA 372 (MCL 28.432 & 28.435). TIE BAR WITH: HB 5301'16

Spectrum: Partisan Bill (Republican 8-0)

Status: (Introduced - Dead) 2016-02-03 - Bill Electronically Reproduced 02/02/2016 [HB5302 Detail]

Download: Michigan-2015-HB5302-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5302

February 2, 2016, Introduced by Reps. Barrett, Runestad, Johnson, Aaron Miller, Chatfield, Glenn, Kelly and Cole 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 12 and 15 (MCL 28.432 and 28.435), section 12

 

as amended by 2010 PA 209 and section 15 as added by 2000 PA 265.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 12. (1) Section 2 does not apply to any of the following:

 

     (a) A police or correctional agency of the United States or of

 

this state or any subdivision of this state.

 

     (b) The United States army, air force, navy, Army, Air Force,

 

Navy, or marine corps.Marine Corps.

 

     (c) An organization authorized by law to purchase or receive

 

weapons from the United States or from this state.

 

     (d) The national guard, armed forces reserves, National Guard,

 

United States Armed Forces Reserves, or other duly authorized

 

military organization.

 

     (e) A member of an entity or organization described in

 

subdivisions (a) through (d) for a pistol while engaged in the

 

course of his or her duties with that entity or while going to or

 

returning from those duties.

 

     (f) A United States citizen holding a license to carry a

 

pistol concealed upon his or her person issued by another state.

 

     (g) The regular and ordinary possession and transportation of

 

a pistol as merchandise by an authorized agent of a person licensed

 

to manufacture firearms or a licensed dealer.

 

     (h) Purchasing, owning, carrying, possessing, using, or

 

transporting an antique firearm. As used in this subdivision,

 

"antique firearm" means that term as defined in section 231a of the

 

Michigan penal code, 1931 PA 328, MCL 750.231a.

 

     (i) An individual carrying, possessing, using, or transporting

 

a pistol belonging to another individual, if the other individual's

 

possession of the pistol is authorized by law and the individual

 

carrying, possessing, using, or transporting the pistol has

 

obtained a license under section 5b to carry a concealed pistol or

 

is exempt from licensure as provided in section 12a.

 

     (2) The amendatory act that added subsection (1)(h) shall be

known and may be cited as the "Janet Kukuk act".

 

     Sec. 15. (1) Except as provided in subsection (2), a federally

 

licensed firearms dealer shall not sell a firearm in this state

 

unless the sale includes 1 of the following:

 

     (a) A commercially available trigger lock or other device

 

designed to disable the firearm and prevent the discharge of the

 

firearm.

 

     (b) A commercially available gun case or storage container

 

that can be secured to prevent unauthorized access to the firearm.

 

     (2) This section does not apply to any of the following:

 

     (a) The sale of a firearm to a police officer or a police

 

agency.

 

     (b) The sale of a firearm to a person who presents to the

 

federally licensed firearms dealer 1 of the following:

 

     (i) A trigger lock or other device designed to disable the

 

firearm and prevent the discharge of the firearm together with a

 

copy of the purchase receipt for the federally licensed firearms

 

dealer to keep. A separate trigger lock or device and a separate

 

purchase receipt shall be is required for each firearm purchased.

 

     (ii) A gun case or storage container that can be secured to

 

prevent unauthorized access to the firearm together with a copy of

 

the purchase receipt for the federally licensed firearms dealer to

 

keep. A separate gun case or storage container and a separate

 

purchase receipt shall be is required for each firearm purchased.

 

     (c) The sale of an antique firearm. As used in this

 

subdivision, "antique firearm" means that term as defined in

 

section 231a of the Michigan penal code, 1931 PA 328, MCL 750.231a.

     (d) The sale or transfer of a firearm if the seller is not a

 

federally licensed firearms dealer.

 

     (3) A federally licensed firearms dealer shall not sell a

 

firearm in this state unless the firearm is accompanied with, free

 

of charge, a brochure or pamphlet that includes safety information

 

on the use and storage of the firearm in a home environment.

 

     (4) Upon the sale of a firearm, a federally licensed firearms

 

dealer shall sign a statement and require the purchaser to sign a

 

statement stating that the sale is in compliance with subsections

 

(1), (2), and (3).

 

     (5) A federally licensed firearms dealer shall retain a copy

 

of the signed statements prescribed in subsection (4) and, if

 

applicable, a copy of the receipt prescribed in subsection (2)(b),

 

for at least 6 years.

 

     (6) A federally licensed firearms dealer in this state shall

 

post in a conspicuous manner at the entrances, exits, and all

 

points of sale on the premises where firearms are sold a notice

 

that says the following: "You may be criminally and civilly liable

 

for any harm caused by a person less than 18 years of age who

 

lawfully gains unsupervised access to your firearm if unlawfully

 

stored.".

 

     (7) A federally licensed firearms dealer is not liable for

 

damages arising from the use or misuse of a firearm if the sale

 

complies with this section, any other applicable law of this state,

 

and applicable federal law.

 

     (8) This section does not create a civil action or liability

 

for damages arising from the use or misuse of a firearm or

ammunition for a person, other than a federally licensed firearms

 

dealer, who produces a firearm or ammunition.

 

     (9) Subject to subsections (10) to (12), a political

 

subdivision shall not bring a civil action against any person who

 

produces a firearm or ammunition. The authority to bring a civil

 

action under this section is reserved exclusively to the state and

 

can be brought only by the attorney general. The court shall award

 

costs and reasonable attorney fees to each defendant named in a

 

civil action filed in violation of this subsection.

 

     (10) Subject to subsection (11), subsection (9) does not

 

prohibit a civil action by a political subdivision based on 1 or

 

more of the following, which the court shall narrowly construe:

 

     (a) A breach of contract, other contract issue, or an action

 

based on a provision of the uniform commercial code, 1962 PA 174,

 

MCL 440.1101 to 440.11102, 440.9994, in which the political

 

subdivision is the purchaser and owner of the firearm or

 

ammunition.

 

     (b) Expressed or implied warranties arising from the purchase

 

of a firearm or ammunition by the political subdivision or the use

 

of a firearm or ammunition by an employee or agent of the political

 

subdivision.

 

     (c) A product liability, personal injury, or wrongful death

 

action when an employee or agent or property of the political

 

subdivision has been injured or damaged as a result of a defect in

 

the design or manufacture of the firearm or ammunition purchased

 

and owned by the political subdivision.

 

     (11) Subsection (10) does not allow an action based on any of

the following:

 

     (a) A firearm's or ammunition's inherent potential to cause

 

injury, damage, or death.

 

     (b) Failure to warn the purchaser, transferee, or user of the

 

firearm's or ammunition's inherent potential to cause injury,

 

damage, or death.

 

     (c) Failure to sell with or incorporate into the product a

 

device or mechanism to prevent a firearm or ammunition from being

 

discharged by an unauthorized person unless specifically provided

 

for by contract.

 

     (12) Subsections (9) through (11) do not create a civil

 

action.

 

     (13) Subsections (9) through (11) are intended only to clarify

 

the current status of the law in this state, are remedial in

 

nature, and, therefore, apply to a civil action pending on the

 

effective date of this act.June 29, 2000.

 

     (14) Beginning September 1, 2000, a person who violates this

 

section is guilty of a crime as follows:

 

     (a) Except as provided in subdivision (b) or (c), the person

 

is guilty of a misdemeanor punishable by imprisonment for not more

 

than 93 days or a fine of not more than $500.00, or both.

 

     (b) For a second conviction, the person is guilty of a

 

misdemeanor punishable by imprisonment for not more than 1 year or

 

a fine of not more than $1,000.00, or both.

 

     (c) For a third or subsequent conviction, the person is guilty

 

of a felony punishable by imprisonment for not more than 2 years or

 

a fine of not more than $5,000.00, or both.

     (15) As used in this section:

 

     (a) "Federally licensed firearms dealer" means a person

 

licensed under section 923 of title 18 of the United States Code,

 

18 U.S.C. USC 923.

 

     (b) "Firearm or ammunition" includes a component of a firearm

 

or ammunition.

 

     (c) "Person" means an individual, partnership, corporation,

 

association, or other legal entity.

 

     (d) "Political subdivision" means a county, city, village,

 

township, charter township, school district, community college, or

 

public university or college.

 

     (e) "Produce" means to manufacture, construct, design,

 

formulate, develop standards for, prepare, process, assemble,

 

inspect, test, list, certify, give a warning or instructions

 

regarding, market, sell, advertise, package, label, distribute, or

 

transfer.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No. ____ or House Bill No. 5301 (request no.

 

04120'15 *) of the 98th Legislature is enacted into law.