House Introduced Bill 6563

HOUSE BILL No. 6563


     December 3, 2002, Introduced by Rep. Lemmons and referred to the Committee on Civil Law and the Judiciary.


        A bill to amend 1927 PA 372, entitled

   "An act to regulate and license the selling, purchasing, possess-
   ing, 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 authoriza-
   tion; 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 agen-
   cies; 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 appropri-
   ations; and to repeal all acts and parts of acts inconsistent
   with this act,"

   by amending section 2 (MCL 28.422), as amended by 1994 PA 338.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             Sec. 2.  (1) Except as provided in subsection (2) AND SEC-

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        TION 2A, a person shall not purchase, carry, or transport a

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        pistol in this state without first having obtained a license for

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        the pistol as prescribed in this section.




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             (2) A person who brings a pistol into this state who is on

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        leave from active duty with the armed forces of the United States

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        or who has been discharged from active duty with the armed forces

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        of the United States shall obtain a license for the pistol within

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        30 days after his or her arrival in this state.

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             (3) The commissioner or chief of police of a city, township,

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        or village police department that issues licenses  to purchase,

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        carry, or transport pistols  UNDER THIS SECTION, or his or her

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        duly authorized deputy, or the sheriff or his or her duly autho-

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        rized deputy, in the parts of a county not included within a

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        city, township, or village having an organized police department,

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        in discharging the duty to issue licenses shall with due speed

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        and diligence issue licenses  to purchase, carry, or transport

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        pistols  UNDER THIS SECTION to qualified applicants residing

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        within the city, village, township, or county, as applicable

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        unless he or she has probable cause to believe that the applicant

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        would be a threat to himself or herself or to other individuals,

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        or would commit an offense with the pistol that would violate a

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        law of this or another state or of the United States.  An appli-

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        cant is qualified if all of the following circumstances exist:

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             (a) The person is not subject to an order or disposition for

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        which he or she has received notice and an opportunity for a

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        hearing, and which was entered into the law enforcement informa-

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        tion network pursuant to any of the following:

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             (i) Section  464a(1)  464A of the mental health code,  Act

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        No. 258 of the Public Acts of 1974, being section 330.1464a of

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        the Michigan Compiled Laws  1974 PA 258, MCL 330.1464A.



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             (ii)  Section 444a(1)  FORMER SECTION 444A of the revised

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        probate code,  Act No. 642 of the Public Acts of 1978, being sec-

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        tion 700.444a of the Michigan Compiled Laws  1978 PA 642, MCL

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        700.444A, OR SECTION 5107 OF THE ESTATES AND PROTECTED INDIVIDU-

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        ALS CODE, 1998 PA 386, MCL 700.5107.

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             (iii) Section  2950(9)  2950 OR 2950A of the revised judica-

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        ture act of 1961,  Act No. 236 of the Public Acts of 1961, being

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        section 600.2950 of the Michigan Compiled Laws  1961 PA 236, MCL

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        600.2950 AND 600.2950A.

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              (iv) Section 2950a(7) of Act No. 236 of the Public Acts of

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        1961, being section 600.2950a of the Michigan Compiled Laws.

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             (v) Section 14(7) of chapter 84 of the Revised Statutes of

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        1846, being section 552.14 of the Michigan Compiled Laws.

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             (iv)  (vi)  Section  6b(5)  6B of chapter V of
    the code of

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        criminal procedure,  Act No. 175 of the Public Acts of 1927,

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        being section 765.6b of the Michigan Compiled Laws  1927 PA 175,

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        MCL 765.6B, if the order has a condition imposed pursuant to sec-

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        tion 6b(3) of chapter V of  Act No. 175 of the Public Acts of

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        1927  THE CODE OF CRIMINAL PROCEDURE, 1927 PA 175, MCL 765.6B.

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             (v)  (vii)  Section  16b(1)  16B of chapter IX
    of  Act

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        No. 175 of the Public Acts of 1927, being section 769.16b of the

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        Michigan Compiled Laws  THE CODE OF CRIMINAL PROCEDURE, 1927 PA

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        175, MCL 769.16B.

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             (b) The person is 18 years of age or older or, if the seller

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        is licensed pursuant to section 923 of title 18 of the United

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        States Code, 18 U.S.C. 923, is 21 years of age or older.





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             (c) The person is a citizen of the United States and is a

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        legal resident of this state.

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             (d) A felony charge against the person is not pending at the

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        time of application.

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             (e) The person is not prohibited from possessing, using,

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        transporting, selling, purchasing, carrying, shipping, receiving,

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        or distributing a firearm under section 224f of the Michigan

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        penal code,  Act No. 328 of the Public Acts of 1931, being sec-

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        tion 750.224f of the Michigan Compiled Laws  1931 PA 328, MCL

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        750.224F.

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             (f) The person has not been adjudged insane in this state or

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        elsewhere unless he or she has been adjudged restored to sanity

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        by court order.

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             (g) The person is not under an order of involuntary commit-

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        ment in an inpatient or outpatient setting due to mental

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        illness.

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             (h) The person has not been adjudged legally incapacitated

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        in this state or elsewhere.  This subdivision does not apply to a

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        person who has had his or her legal capacity restored by order of

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        the court.

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             (i) The person correctly answers 70% or more of the ques-

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        tions on a basic pistol safety review questionnaire approved by

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        the basic pistol safety review board and provided to the individ-

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        ual free of charge by the licensing authority.  If the person

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        fails to correctly answer 70% or more of the questions on the

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        basic pistol safety review questionnaire, the licensing authority

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        shall inform the person of the questions he or she answered



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        incorrectly and allow the person to attempt to complete another

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        basic pistol safety review questionnaire.  The person shall not

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        be allowed to attempt to complete more than 2 basic pistol safety

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        review questionnaires on any single day.  The licensing authority

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        shall allow the person to attempt to complete the questionnaire

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        during normal business hours on the day the person applies for

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        his or her license.

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             (4) Applications for licenses under this section shall be

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        signed by the applicant under oath upon forms provided by the

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        director of the department of state police.  Licenses to pur-

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        chase, carry, or transport pistols shall be executed in tripli-

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        cate upon forms provided by the director of the department of

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        state police and shall be signed by the licensing authority.

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        Three copies of the license shall be delivered to the applicant

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        by the licensing authority.

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             (5) Upon the sale of the pistol, the seller shall fill out

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        the license forms describing the pistol sold, together with the

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        date of sale, and sign his or her name in ink indicating that the

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        pistol was sold to the licensee.  The licensee shall also sign

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        his or her name in ink indicating the purchase of the pistol from

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        the seller.  The seller  may  SHALL retain  a copy  2 COPIES of

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        the license as a record of the sale of the pistol.  The

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         licensee  SELLER shall return  2 copies  1 COPY of the license

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        to the licensing authority within 10 days following the

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         purchase  SALE of the pistol.  THE SELLER SHALL SEND BY

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        FIRST-CLASS MAIL THE SECOND COPY TO THE DEPARTMENT WITHIN 10 DAYS

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        AFTER THE SALE OF THE PISTOL.



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             (6)  One  THE copy of the license RETURNED BY THE SELLER

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        shall be retained by the licensing authority as an official

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        record for a period of 6 years.  The other copy of the license

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        shall be forwarded by the licensing authority within 48 hours to

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        the director of the department of state police.  A license is

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        void unless used within 10 days after the date of its issue.

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             (7) This section does not apply to the purchase of pistols

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        from wholesalers by dealers regularly engaged in the business of

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        selling pistols at retail, or to the sale, barter, or exchange of

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        pistols kept solely as relics, curios, or antiques not made for

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        modern ammunition or permanently deactivated.  This section does

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        not prevent the transfer of ownership of pistols that are inher-

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        ited if the license to purchase is approved by the commissioner

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        or chief of police, sheriff, or their authorized deputies, and

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        signed by the personal representative of the estate or by the

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        next of kin having authority to dispose of the pistol.

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             (8) The licensing authority shall provide a basic pistol

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        safety brochure to each applicant for a license under this sec-

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        tion before the applicant answers the basic pistol safety review

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        questionnaire.  A basic pistol safety brochure shall contain, but

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        is not limited to providing, information on all of the following

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        subjects:

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             (a) Rules for safe handling and use of pistols.

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             (b) Safe storage of pistols.

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             (c) Nomenclature and description of various types of

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        pistols.





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             (d) The responsibilities of owning a pistol.

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             (9) The basic pistol safety brochure shall be supplied in

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        addition to the safety pamphlet required by section 9b.

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             (10) The basic pistol safety brochure required in subsection

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        (8) shall be produced by a national nonprofit membership organi-

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        zation that provides voluntary pistol safety programs that

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        include training individuals in the safe handling and use of

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        pistols.

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             (11) A person who forges any matter on an application for a

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        license under this section is guilty of a felony, punishable by

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        imprisonment for not more than 4 years or a fine of not more than

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        $2,000.00, or both.

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             (12) A licensing authority shall implement this section

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        during all of the licensing authority's normal business hours and

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        shall set hours for implementation that allow an applicant to use

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        the license within the time period set forth in subsection (6).

























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