Bill Text: MI SB1045 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Weapons; other; requirement for firearm dealers to notify law enforcement when individual fails background check; require. Amends sec. 15 of 1927 PA 372 (MCL 28.435).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-06-06 - Referred To Committee On Government Operations [SB1045 Detail]

Download: Michigan-2017-SB1045-Introduced.html

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SENATE BILL No. 1045

 

 

June 6, 2018, Introduced by Senator JONES 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 15 (MCL 28.435), as added by 2000 PA 265.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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 to (11) do not create a civil

 

action.

 

     (13) Subsections (9) through to (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.

 

     (14) If a federally licensed firearms dealer denies an

 

individual from purchasing a firearm because the federally licensed

 

firearms dealer determines through the national instant criminal

 

background check system that the applicant is prohibited under

 

federal law from possessing or transporting a firearm, the

 

federally licensed firearms dealer shall notify the department of

 

state police within 1 hour after that denial. The notice must

 

include all of the following:

 

     (a) The identity of the individual who was denied.

 

     (b) The date and time of the denial.

 

     (c) The location where the individual attempted to purchase

 

the firearm.

 

     (15) (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.

 

     (16) (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.