SB-0370, As Passed House, June 26, 2008

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 370

(As amended June 26, 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 1, 2a, 5f, and 5o (MCL 28.421, 28.422a, 28.425f, and

28.425o), section 2a as added by 2000 PA 381 and sections 1, 5f and 5o

as amended by 2002 PA 719.]

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

[Sec. 1. As used in this act:

(a) "Felony" means that term as defined in section 1 of chapter I of the code of criminal procedure, 1927 PA 175, MCL 761.1, or a violation of a law of the United States or another state that is designated as a felony or that is punishable by death or by imprisonment for more than 1 year.

(b) "Firearm" means a weapon from which a dangerous projectile may be propelled by an explosive, or by gas or air. Firearm does not include a smooth bore rifle or handgun designed and manufactured exclusively for propelling by a spring, or by gas or air, BB's not exceeding .177 caliber.

(c) "Misdemeanor" means a violation of a penal law of this state or violation of a local ordinance substantially corresponding to a violation of a penal law of this state that is not a felony or a violation of an order, rule, or regulation of a state agency that is punishable by imprisonment or a fine that is not a civil fine, or both.

(d) "Peace officer" means, except as otherwise provided in this act, an individual who is employed as a law enforcement officer, as that term is defined under section 2 of the commission on law enforcement standards act, 1965 PA 203, MCL 28.602, by this state or another state, a political subdivision of this state or another state, or the United States, and who is required to carry a firearm in the course of his or her duties as a law enforcement officer.

(e) "Pistol" means a loaded or unloaded firearm that is 30 inches or less in length, or a loaded or unloaded firearm that by its construction and appearance conceals it as a firearm.

(f) "Purchaser" means a person who receives a pistol from another person by purchase or gift.

(g) "Reserve peace officer", "auxiliary officer", or "reserve officer" means, except as otherwise provided in this act, an individual authorized on a voluntary or irregular basis by a duly authorized police agency of this state or a political subdivision of this state to act as a law enforcement officer, who is responsible for the preservation of the peace, the prevention and detection of crime, and the enforcement of the general criminal laws of this state, and who is otherwise eligible to possess a firearm under this act.

(h) "Retired police officer" or "retired law enforcement officer" means an individual who was a ~~certified~~ police officer or ~~certified~~ law enforcement officer ~~as those terms are defined~~ who was certified as described under section ~~2(k)~~ 9a of the commission on the law enforcement standards act, 1965 PA 203, MCL ~~28.602~~ 28.609a, and retired in good standing from his or her employment as a police officer or law enforcement officer.

(i) "Seller" means a person who sells or gives a pistol to another person.

(j) "State court judge" means a judge of the district court, circuit court, probate court, or court of appeals or justice of the supreme court of this state who is serving either by election or appointment.

(k) "State court retired judge" means a judge or justice described in subdivision (j) who is retired.]

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.

(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.

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

(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.

[(vi) A state court judge or state court retired judge. The concealed weapon licensing board may require a state court retired judge to obtain and carry a letter from the judicial tenure commission stating that the state court retired judge is in good standing as authorized under section 30 of article vi of the state constitution of 1963 and rules promulgated under that section in order to qualify under this subPARAGRAPH.]

(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.

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: