Bill Text: MI HB5647 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Weapons; licensing; reporting requirements of background check denials; provide for. Amends sec. 6 of 1927 PA 372 (MCL 28.426).
Spectrum: Strong Partisan Bill (Democrat 18-1)
Status: (Introduced - Dead) 2016-05-17 - Bill Electronically Reproduced 05/12/2016 [HB5647 Detail]
Download: Michigan-2015-HB5647-Introduced.html
HOUSE BILL No. 5647
May 12, 2016, Introduced by Reps. Wittenberg, Plawecki, Liberati, Moss, Greig, Yanez, Pagan, Gay-Dagnogo, Hovey-Wright, Irwin, LaGrand, Hoadley, Chang, Faris, Schor, Singh, Townsend, Brinks and Callton and referred to the Committee on Government Operations.
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 6 (MCL 28.426), as added by 2005 PA 242.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 6. (1) A license shall not be issued to an applicant
under section 2 or 5b unless both of the following apply:
(a) The issuing agency has determined through the federal
national instant criminal background check system (NICS) that the
applicant is not prohibited under federal law from possessing or
transporting a firearm.
(b) If the applicant is not a United States citizen, the
issuing
agency has verified through the United States immigration
Immigration
and customs enforcement Customs Enforcement databases
that the applicant is not an illegal alien or a nonimmigrant alien.
(2) If an issuing agency denies an applicant a license under
section 2 because the agency determines that the applicant is not
qualified under section 2(3) or that the applicant is prohibited
under state or federal law from possessing or transporting a
firearm, the issuing agency shall notify all of the following of
that denial:
(a) The Michigan state police.
(b) Local law enforcement agencies that have jurisdiction over
the area where the applicant resides.
(c) Prosecuting attorneys who have jurisdiction over the area
where the applicant resides.
(d) United States attorneys who have jurisdiction over the
area where the applicant resides.
(3) If an issuing agency denies an applicant a license under
section 2 because the agency determines that the applicant is not
qualified under section 2(3) or that the applicant is prohibited
under state or federal law from possessing or transporting a
firearm, and that the applicant is on probation or parole, the
issuing agency shall notify the applicant's probation or parole
officer of that denial.
(4) Except as otherwise provided in this subsection, an
issuing agency shall issue the notification under subsection (2) or
(3) within 24 hours after the denial. If the notification under
subsection (2) or (3) would compromise an ongoing investigation,
the notification may be delayed for as long as necessary to avoid
compromising the ongoing investigation.
(5) The notification described in subsections (2) and (3)
shall include the identity of the applicant, the date and time of
the denial, the grounds for the denial, and the location where the
application was made.
(6) The department of state police shall publish a written
report, on an annual basis, that includes all of the following
information:
(a) The number of denials of a license under section 2.
(b) The number of notifications of denial made to state law
enforcement agencies, local law enforcement agencies, prosecuting
attorneys, and United States attorneys under subsection (2).
(c) If notification was not made for any denials, an
explanation of why that notification was not made.
(d) The number of investigations opened, the number of
investigations concluded, and the number of referrals for
prosecution.
(e) The number of investigations opened, identified by grounds
for denial.
(f) The number of referrals for prosecution, identified by
grounds for denial.
(g) The number of charges arising from denials, identified by
type of charge and grounds for denial.
(h) The disposition of all charges, identified by type of
charge and grounds for denial.