Bill Text: MI HB5473 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Weapons; licensing; possession of pistol as merchandise by licensed dealer; allow under certain circumstances. Amends sec. 12 of 1927 PA 372 (MCL 28.432). TIE BAR WITH: HB 5520'09
Spectrum: Slight Partisan Bill (Republican 22-11)
Status: (Passed) 2010-11-30 - Assigned Pa 209'10 With Immediate Effect [HB5473 Detail]
Download: Michigan-2009-HB5473-Engrossed.html
HB-5473, As Passed Senate, September 22, 2010
SUBSTITUTE FOR
HOUSE BILL NO. 5473
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 12 (MCL 28.432), as amended by 2008 PA 195.
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.
House Bill No. 5473 (H-1) as amended February 24, 2010
(b) The United States army, air force, navy, or 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, 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".
Enacting section 1. This amendatory act takes effect [90 days after
House Bill No. 5473 (H-1) as amended February 24, 2010
the date it is enacted.]
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. ____ or House Bill No. 5520
of the 95th Legislature is enacted into law.
