HB-4490, As Passed Senate, June 27, 2008

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4490

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 2, 12, and 12b (MCL 28.422, 28.432, and

28.432b), section 2 as amended by 2004 PA 101, section 12 as

amended by 2006 PA 75, and section 12b as added by 1982 PA 182; and

to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 2. (1) Except as provided in subsection (2), a person

shall not purchase, carry, possess, or transport a pistol in this

state without first having obtained a license for the pistol as

prescribed in this section.

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

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

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

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

30 days after his or her arrival in this state.

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

or village police department that issues licenses to purchase,

carry, possess, or transport pistols, or his or her duly authorized

deputy, or the sheriff or his or her duly authorized deputy, in the

parts of a county not included within a city, township, or village

having an organized police department, in discharging the duty to

issue licenses shall with due speed and diligence issue licenses to

purchase, carry, possess, or transport pistols to qualified

applicants residing within the city, village, township, or county,

as applicable unless he or she has probable cause to believe that

the applicant would be a threat to himself or herself or to other

individuals, or would commit an offense with the pistol that would

violate a law of this or another state or of the United States. An

applicant is qualified if all of the following circumstances exist:

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

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

hearing, and which was entered into the law enforcement information

network pursuant to any of the following:

(i) Section 464a(1) of the mental health code, 1974 PA 258, MCL

330.1464a.

(ii) Section 5107 of the estates and protected individuals

code, 1998 PA 386, MCL 700.5107, or section 444a of former 1978 PA

642.

(iii) Section ~~2950(9)~~ 2950(10) of the revised judicature act of

1961, 1961 PA 236, MCL 600.2950.

(iv) Section 2950a(7) of 1961 PA 236, MCL 600.2950a.

(v) Section 14 of 1846 RS 84, MCL 552.14.

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

procedure, 1927 PA 175, MCL 765.6b, if the order has a condition

imposed ~~pursuant to~~ under section 6b(3) of chapter V of 1927 PA

175, MCL 765.6b.

(vii) Section 16b(1) of chapter IX of 1927 PA 175, MCL 769.16b.

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

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

States Code, 18 USC 923, is 21 years of age or older.

legal resident of this state.

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

time of application.

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

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

or distributing a firearm under section 224f of the Michigan penal

code, 1931 PA 328, MCL 750.224f.

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

elsewhere unless he or she has been adjudged restored to sanity by

court order.

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

in an inpatient or outpatient setting due to mental illness.

(h) The person has not been adjudged legally incapacitated in

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

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

the court.

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

on a basic pistol safety review questionnaire approved by the basic

pistol safety review board and provided to the individual free of

charge by the licensing authority. If the person fails to correctly

answer 70% or more of the questions on the basic pistol safety

review questionnaire, the licensing authority shall inform the

person of the questions he or she answered incorrectly and allow

the person to attempt to complete another basic pistol safety

review questionnaire. The person shall not be allowed to attempt to

complete more than 2 basic pistol safety review questionnaires on

any single day. The licensing authority shall allow the person to

attempt to complete the questionnaire during normal business hours

on the day the person applies for his or her license.

(4) Applications for licenses under this section shall be

signed by the applicant under oath upon forms provided by the

director of the department of state police. Licenses to purchase,

carry, possess, or transport pistols shall be executed in

~~triplicate~~ quadruplicate upon forms provided by the director of the

department of state police and shall be signed by the licensing

authority. ~~Three~~ Four copies of the license shall be delivered to

the applicant by the licensing authority. A license is void unless

used within 10 days after the date it is issued.

(5) ~~Upon the sale of the~~ If an individual purchases or

otherwise acquires a pistol, the seller shall fill out the license

forms describing the pistol, ~~sold,~~ together with the date of sale

or acquisition, and sign his or her name in ink indicating that the

pistol was sold to or otherwise acquired by the ~~licensee~~ purchaser.

The ~~licensee~~ purchaser shall also sign his or her name in ink

indicating the purchase or other acquisition of the pistol from the

seller. The seller may retain a copy of the license as a record of

the ~~sale of the pistol~~ transaction. The ~~licensee~~ purchaser shall

receive 3 copies of the license. The purchaser shall return 2

copies of the license to the licensing authority within 10 days

~~following the purchase of the pistol~~ after the date the pistol is

purchased or acquired. The return of the copies to the licensing

authority 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 licensing authority. 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 of that determination.

(6) ~~One copy of the license shall be retained by the licensing~~

~~authority as an official record for a period of 6 years. The other~~

~~copy of the license shall be forwarded by the licensing authority~~

~~within 48 hours to the director of the department of state police.~~

~~A license is void unless used within 10 days after the date of its~~

~~issue.~~ Within 48 hours after receiving the license copies returned

under subsection (5), the licensing authority shall forward 1 copy

of the license to the department of state police. The licensing

authority shall retain the other copy of the license as an official

record for not less than 6 years. Within 10 days after receiving

the license copies returned under subsection (5), the licensing

authority 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 licensing authority does not have that ability, the licensing

authority shall provide that information to the department of state

police in a manner otherwise required by the department of state

police. Any licensing authority 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 licensing authority may charge a fee not to exceed

$1.00 for the cost of providing the copy. The licensee 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 license. However, the person

is not required to have the license in his or her possession while

carrying, using, possessing, or transporting the pistol after this

period.

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

from wholesalers by dealers regularly engaged in the business of

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

pistols kept as relics or curios not made for modern ammunition or

permanently deactivated. This section does not prevent the transfer

of ownership of pistols that are inherited if the license to

purchase is approved by the commissioner or chief of police,

sheriff, or their authorized deputies, and signed by the personal

representative of the estate or by the next of kin having authority

to dispose of the pistol.

(8) The licensing authority shall provide a basic pistol

safety brochure to each applicant for a license under this section

before the applicant answers the basic pistol safety review

questionnaire. A basic pistol safety brochure shall contain, but is

not limited to providing, information on all of the following

subjects:

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

(b) Safe storage of pistols.

(d) The responsibilities of owning a pistol.

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

addition to the safety pamphlet required by section 9b.

(10) The basic pistol safety brochure required in subsection

(8) shall be produced by a national nonprofit membership

organization that provides voluntary pistol safety programs that

include training individuals in the safe handling and use of

pistols.

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

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

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

$2,000.00, or both.

(12) A licensing authority shall implement this section during

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

set hours for implementation that allow an applicant to use the

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

Sec. 12. (1) ~~Sections~~ Section 2 ~~and 9 do~~ does not apply to any

of the following:

(a) A police or correctional agency of the United States or of

this state or any subdivision of this state.

(b) The United States army, air force, navy, or marine corps.

weapons from the United States or from this state.

(d) The national guard, armed forces reserves, or other duly

authorized military organization.

(e) A member of an entity or organization described in

subdivisions (a) to through (d) for a pistol while engaged in the

course of his or her duties with that entity or while going to or

returning from those duties.

(f) A United States citizen holding a license to carry a

pistol concealed upon his or her person issued by another state.

(g) The regular and ordinary transportation of a pistol as

merchandise by an authorized agent of a person licensed to

manufacture firearms or a licensed dealer.

(h) Purchasing, owning, carrying, possessing, using, or

transporting 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.

(i) An individual carrying, possessing, using, or transporting

a pistol belonging to another individual, if the other individual's

~~pistol is properly licensed and inspected under this act~~ possession

of the pistol is authorized by law and the individual carrying,

possessing, using, or transporting the pistol has obtained a

license under section 5b to carry a concealed pistol or is exempt

from licensure as provided in section 12a.

(2) The amendatory act that added ~~subdivision (h)~~ subsection

(1)(h) shall be known and may be cited as the "Janet Kukuk act".

Sec. 12b. ~~Sections~~ Section 2 ~~and 9 do~~ does not apply to a

signaling device ~~which~~ that is approved by the United States coast

guard pursuant to regulations issued under ~~section 4488 of the~~

~~Revised Statutes of the United States,~~ 46 ~~U.S.C.~~ USC 481, or under

~~section 5 of the federal boat safety act of 1971, Public Law 92-75,~~

46 ~~U.S.C.~~ USC 1454.

Enacting section 1. Section 9 of 1927 PA 372, MCL 28.429, is

repealed.

Enacting section 2. This amendatory act takes effect 180 days

after the date it is enacted into law.

Enacting section 3. This amendatory act does not take effect

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

enacted into law:

(a) Senate Bill No. 370.

(b) House Bill No. 4491.