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:
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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.
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(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.