SB-0370, As Passed Senate, June 17, 2008

SUBSTITUTE FOR

SENATE BILL NO. 370

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, 2a, 5f, 12, and 12b (MCL 28.422, 28.422a,

28.425f, 28.432, and 28.432b), section 2 as amended by 2004 PA 101,

section 2a as added by 2000 PA 381, section 5f as amended by 2002

PA 719, 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, 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 pistol, the seller shall fill out the

license forms describing the pistol sold, together with the date of

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

was sold to the licensee. The licensee shall also sign his or her

name in ink indicating the purchase of the pistol from the seller.

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

of the pistol. The licensee shall receive 3 copies of the license.

The licensee 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 obtained. 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 licensee

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 an individual 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 enter the information into the pistol entry

database as required by the department of state police if it has

the ability to do so. 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 licensee 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 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. 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 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 concealed weapon license

number. The individual purchasing the pistol shall sign the record.

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

~~to the~~ The individual purchasing the pistol , 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 individual resides, or, if the individual

does not reside in a city, village, or township having a police

department, to the county sheriff, within 10 days following the

purchase. 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. An individual

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 an individual 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

licensee 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 licensee may carry, use, possess, and

transport the pistol for 30 days beginning on the date of purchase

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. 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) 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.