Bill Text: MI HB5520 | 2009-2010 | 95th Legislature | Engrossed
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-Engrossed.html
HB-5520, As Passed House, February 24, 2010
HOUSE BILL No. 5520
October 15, 2009, Introduced by Rep. Bolger and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
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 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. and
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).
House Bill No. 5520 as amended February 24, 2010
(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.
