PISTOL LICENSURE:  FOIA EXEMPTIONS                                                             S.B. 49:

                                                                                                      FLOOR SUMMARY

 

 

 

 

 

 

 

 

 

 

Senate Bill 49 (as reported without amendment)

Sponsor:  Senator Tom Casperson

Committee:  Judiciary

 

CONTENT

 

The bill would amend the handgun licensure law to specify that certain records regarding the purchase, transport, or carrying of a pistol would be confidential, would not be subject to disclosure under the Freedom of Information Act (FOIA), and could not be disclosed to any person except for purposes of the licensure law or law enforcement.

 

Under the handgun licensure law, except as otherwise provided, a person may not purchase, carry, possess, or transport a pistol in Michigan without first obtaining a license for the pistol.  Applications for licensure must be signed under oath on forms provided by the Michigan Department of State Police (MSP).  If an individual purchases or otherwise acquires a pistol, the seller must fill out license forms and the purchaser must sign the forms.  The licensing authority must electronically enter information from the forms into the MSP's pistol entry database, or provide that information to the MSP in another manner. 

 

The licensure law lists certain individuals who are not required to obtain a license to purchase, carry, possess, use, or transport a pistol.  If one of those individuals purchases or otherwise acquires a pistol, the seller must complete a record on a form provided by the MSP, which must include certain information about the individual.  A copy must be sent to the local police department or county sheriff.  The police department or county sheriff must enter the information electronically into the MSP's pistol entry database or provide that information to the MSP in another manner. 

 

The bill specifies that information received under the provisions described above would be confidential, would not be subject to disclosure under FOIA, and could not be disclosed except for purposes of the handgun licensure law or for law enforcement purposes.

 

MCL 28.422 & 28.422a                                              Legislative Analyst:  Patrick Affholter

 

FISCAL IMPACT

 

The bill would have no fiscal impact on State or local government.

 

Date Completed:  1-23-13                                                     Fiscal Analyst:  Bruce Baker

 

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.