SB-0370, As Passed Senate, June 27, 2008

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 370

 

 

(As amended June 26, 2008)

(1 of 2)

(As amended, June 27, 2008)

(1 of 2)

 

 

 

 

 

 

 

 

     [<<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 sections 2a, 5f, and 5o (MCL 28.422a, 28.425f, and

 

28.425o), section 2a as added by 2000 PA 381 and sections 5f and 5o

 

as amended by 2002 PA 719.>>]

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     <<[                           

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                           ]>>


 

     Sec. 2a. (1) An individual who is licensed under section 5b to

 

carry a concealed pistol 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 purchases or

 

otherwise acquires a pistol, the seller shall complete a sales

 

record in triplicate quadruplicate on a form provided by the

 

department of state police. The record shall include the

 

individual's purchaser's concealed weapon license number. The

 

individual purchasing the pistol purchaser shall sign the record.

 

The seller shall may retain 1 copy of the record. , provide 1 copy

 

to the individual purchasing the pistol, The purchaser shall

 

receive 3 copies of the record and forward the original 2 copies to

 

the department of state 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 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) (3) This section does not apply to a person or entity


 

exempt under section 2(7).

 

     (5) (4) 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) (5) The department of state police may promulgate rules to

 

implement this section.

 

     Sec. 5f. (1) An individual who is licensed under this act to

 

carry a concealed pistol shall have his or her license to carry

 

that pistol in his or her possession at all times he or she is

 

carrying a concealed pistol.

 

     (2) An individual who is licensed under this act to carry a

 

concealed pistol and who is carrying a concealed pistol shall show

 

both of the following to a peace officer upon request by that peace

 

officer:

 

     (a) His or her license to carry a concealed pistol.

 

     (b) His or her driver license or Michigan personal

 

identification card.

 

     (3) An individual licensed under this act to carry a concealed

 

pistol and who is carrying a concealed pistol and who is stopped by

 

a peace officer shall immediately disclose to the peace officer

 

that he or she is carrying a pistol concealed upon his or her

 

person or in his or her vehicle.

 

     (4) An individual who violates subsection (1) or (2) is

 

responsible for a state civil infraction and may be fined not more

 

than $100.00.

 

     (5) An individual who violates subsection (3) is responsible


 

for a state civil infraction and may be fined as follows:

 

     (a) For a first offense, by a fine of not more than $500.00 or

 

by the individual's license to carry a concealed pistol being

 

suspended for 6 months, or both.

 

     (b) For a subsequent offense within 3 years of a prior

 

offense, by a fine of not more than $1,000.00 and by the

 

individual's license to carry a concealed pistol being revoked.

 

     (6) If an individual is found responsible for a state civil

 

infraction under this section, the court shall notify the

 

department of state police and the concealed weapon licensing board

 

that issued the license of that determination.

 

     (7) A pistol carried in violation of this section is subject

 

to immediate seizure by a peace officer. If a peace officer seizes

 

a pistol under this subsection, the individual has 45 days in which

 

to display his or her license or documentation to an authorized

 

employee of the law enforcement entity that employs the peace

 

officer. If the individual displays his or her license or

 

documentation to an authorized employee of the law enforcement

 

entity that employs the peace officer within the 45-day period, the

 

authorized employee of that law enforcement entity shall return the

 

pistol to the individual unless the individual is prohibited by law

 

from possessing a firearm. If the individual does not display his

 

or her license or documentation within the 45-day period, the

 

pistol is subject to forfeiture as provided in section 5g. A pistol

 

is not subject to immediate seizure under this subsection if both

 

of the following circumstances exist:

 

     (a) The individual has his or her driver license or Michigan


 

personal identification card in his or her possession when the

 

violation occurs.

 

     (b) The peace officer verifies through the law enforcement

 

information network that the individual is licensed under this act

 

to carry a concealed pistol.

 

     (8) As used in this section, "peace officer" includes a motor

 

carrier officer appointed under section 6d of 1935 PA 59, MCL

 

28.6d, and security personnel employed by the state under section

 

6c of 1935 PA 59, MCL 28.6c.

 

     Sec. 5o. (1) Subject to subsection (4), an individual licensed

 

under this act to carry a concealed pistol, or who is exempt from

 

licensure under section 12a(f) 12a(1)(f), shall not carry a

 

concealed pistol on the premises of any of the following:

 

     (a) A school or school property except that a parent or legal

 

guardian of a student of the school is not precluded from carrying

 

a concealed pistol while in a vehicle on school property, if he or

 

she is dropping the student off at the school or picking up the

 

child from the school. As used in this section, "school" and

 

"school property" mean those terms as defined in section 237a of

 

the Michigan penal code, 1931 PA 328, MCL 750.237a.

 

     (b) A public or private child care center or day care center,

 

public or private child caring institution, or public or private

 

child placing agency.

 

     (c) A sports arena or stadium.

 

     (d) A bar or tavern licensed under the Michigan liquor control

 

code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, where the

 

primary source of income of the business is the sale of alcoholic


 

liquor by the glass and consumed on the premises. This subdivision

 

shall does not apply to an owner or employee of the business. The

 

Michigan liquor control commission shall develop and make available

 

to holders of licenses under the Michigan liquor control code of

 

1998, 1998 PA 58, MCL 436.1101 to 436.2303, an appropriate sign

 

stating that "This establishment prohibits patrons from carrying

 

concealed weapons". The owner or operator of an establishment

 

licensed under the Michigan liquor control code of 1998, 1998 PA

 

58, MCL 436.1101 to 436.2303, may, but shall is not be required to,

 

post the sign developed under this subdivision. A record made

 

available by an establishment licensed under the Michigan liquor

 

control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303,

 

necessary to enforce this subdivision is exempt from disclosure

 

under the freedom of information act, 1976 PA 442, MCL 15.231 to

 

15.246.

 

     (e) Any property or facility owned or operated by a church,

 

synagogue, mosque, temple, or other place of worship, unless the

 

presiding official or officials of the church, synagogue, mosque,

 

temple, or other place of worship permit the carrying of concealed

 

pistol on that property or facility.

 

     (f) An entertainment facility with a seating capacity of 2,500

 

or more individuals that the individual knows or should know has a

 

seating capacity of 2,500 or more individuals or that has a sign

 

above each public entrance stating in letters not less than 1-inch

 

high a seating capacity of 2,500 or more individuals.

 

     (g) A hospital.

 

     (h) A dormitory or classroom of a community college, college,


 

or university.

 

     (2) An individual licensed under this act to carry a concealed

 

pistol, or who is exempt from licensure under section 12a(f)

 

12a(1)(f), shall not carry a concealed pistol in violation of R

 

432.1212 or a successor rule of the Michigan administrative code

 

promulgated pursuant to under the Michigan gaming control and

 

revenue act, the Initiated Law of 1996 IL 1, MCL 432.201 to

 

432.226.

 

     (3) As used in subsection (1), "premises" does not include

 

parking areas of the places identified under subsection (1).

 

     (4) Subsection (1) does not apply to any of the following:

 

     (a) An individual licensed under this act who is a retired

 

police officer or retired law enforcement officer. The concealed

 

weapon licensing board may require a letter from the law

 

enforcement agency stating that the retired police officer or law

 

enforcement officer retired in good standing.

 

     (b) An individual who is licensed under this act and who is

 

employed or contracted by an entity described under subsection (1)

 

to provide security services and is required by his or her employer

 

or the terms of a contract to carry a concealed firearm on the

 

premises of the employing or contracting entity.

 

     (c) An individual who is licensed as a private investigator or

 

private detective under the private detective license act, 1965 PA

 

285, MCL 338.821 to 338.851.

 

     (d) Any of the following who is licensed under this act: while

 

on duty and in the course of his or her employment:

 

     (i) A corrections officer of a county sheriff's department.


Senate Bill No. 370 (H-4) as amended June 26, 2008

                          as amended June 27, 2008

 

     (ii) A motor carrier officer or capitol security officer of the

 

department of state police.

 

     (iii) A member of a sheriff's posse.

 

     (iv) An auxiliary officer or reserve officer of a police or

 

sheriff's department.

 

     (v) A parole or probation officer of the department of

corrections.

     [<<

 

 

 

 

 

             >>]

     (5) An individual who violates this section is responsible for

a state civil infraction or guilty of a crime as follows:

 

     (a) Except as provided in subdivisions (b) and (c), the

 

individual is responsible for a state civil infraction and may be

 

fined not more than $500.00. The court shall order the individual's

 

license to carry a concealed pistol suspended for 6 months.

 

     (b) For a second violation, the individual is guilty of a

 

misdemeanor punishable by a fine of not more than $1,000.00. The

 

court shall order the individual's license to carry a concealed

 

pistol revoked.

 

     (c) For a third or subsequent violation, the individual is

 

guilty of a felony punishable by imprisonment for not more than 4

 

years or a fine of not more than $5,000.00, or both. The court

 

shall order the individual's license to carry a concealed pistol

 

revoked.

 

     Enacting section 1. This amendatory act takes effect 180 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless all of the following bills of the 94th Legislature are

 

enacted into law:


 

     (a) House Bill No. 4490.

 

     (b) House Bill No. 4491.