March 20, 2012, Introduced by Rep. Franz and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 223, 224b, 231a, 232a, and 239a (MCL 750.223,
750.224b, 750.231a, 750.232a, and 750.239a), section 223 as amended
by 1992 PA 221, sections 224b and 231a as amended by 2008 PA 196,
section 232a as amended by 1990 PA 321, and section 239a as amended
by 2010 PA 294; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
223. (1) A person who knowingly sells a pistol without
complying
with section 2 of Act No. 372 of the Public Acts of 1927,
as
amended, being section 28.422 of the Michigan Compiled Laws, is
guilty
of a misdemeanor, punishable by imprisonment for not more
than
90 days, or a fine of not more than $100.00, or both.
(1) (2)
A person who knowingly sells a
firearm more than 30
inches in length to a person under 18 years of age is guilty of a
misdemeanor, punishable by imprisonment for not more than 90 days,
or a fine of not more than $500.00, or both. A second or subsequent
violation of this subsection is a felony punishable by imprisonment
for not more than 4 years, or a fine of not more than $2,000.00, or
both. It is an affirmative defense to a prosecution under this
subsection that the person who sold the firearm asked to see and
was shown a driver's license or identification card issued by a
state that identified the purchaser as being 18 years of age or
older.
(2) (3)
A seller shall not sell a firearm
or ammunition to a
person if the seller knows that either of the following
circumstances exists:
(a) The person is under indictment for a felony. As used in
this subdivision, "felony" means a violation of a law of this
state, or of another state, or of the United States that is
punishable by imprisonment for 4 years or more.
(b) The person is prohibited under section 224f from
possessing, using, transporting, selling, purchasing, carrying,
shipping, receiving, or distributing a firearm.
(3) (4)
A person who violates subsection (3)
(2) is guilty of
a felony, punishable by imprisonment for not more than 10 years, or
by a fine of not more than $5,000.00, or both.
(5)
As used in this section, "licensed dealer" means a person
licensed
under section 923 of chapter 44 of title 18 of the United
States
Code who regularly buys and sells firearms as a commercial
activity
with the principal objective of livelihood and profit.
Sec. 224b. (1) A person shall not manufacture, sell, offer for
sale, or possess a short-barreled shotgun or a short-barreled
rifle.
(2) A person who violates this section is guilty of a felony
punishable by imprisonment for not more than 5 years or a fine of
not more than $2,500.00, or both.
(3) This section does not apply to the sale, offering for
sale, or possession of a short-barreled rifle or a short-barreled
shotgun
which that the secretary of the treasury of the United
States of America, or his or her delegate, under 26 USC, sections
5801
through 5872, or 18 USC, sections 921 through 928 931,
has
found to be a curio, relic, antique, museum piece, or collector's
item
not likely to be used as a weapon.
, but only if the person
selling,
offering for sale or possessing the firearm has also fully
complied
with section 2 or 2a of 1927 PA 372, MCL 28.422 and
28.422a.
(4) Section
20 of chapter 16 XVI of the code of criminal
procedure, 1927 PA 175, MCL 776.20, applies to this subsection.
Sec. 231a. (1) Subsection (2) of section 227 does not apply to
any of the following:
(a) To a person holding a valid license to carry a pistol
concealed upon his or her person issued by his or her state of
residence except where the pistol is carried in nonconformance with
a restriction appearing on the license.
(b) To the regular and ordinary transportation of pistols as
merchandise by an authorized agent of a person licensed to
manufacture firearms.
(c) To a person carrying an antique firearm as defined in
subsection (2), completely unloaded in a closed case or container
designed for the storage of firearms in the trunk of a vehicle.
(d) To a person while transporting a pistol for a lawful
purpose
that is licensed by the owner or occupant of the in a motor
vehicle
in compliance with section 2 of 1927 PA 372, MCL 28.422,
and
if the pistol is unloaded in a closed case designed for
the
storage of firearms in the trunk of the vehicle.
(e) To a person while transporting a pistol for a lawful
purpose
that is licensed by the owner or occupant of the motor
vehicle
in compliance with section 2 of 1927 PA 372, MCL 28.422,
and
if the pistol is unloaded in a closed case designed for
the
storage of firearms in a vehicle that does not have a trunk and is
not readily accessible to the occupants of the vehicle.
(2) As used in this section:
(a) "Antique firearm" means either of the following:
(i) A firearm not designed or redesigned for using rimfire or
conventional center fire ignition with fixed ammunition and
manufactured in or before 1898, including a matchlock, flintlock,
percussion cap, or similar type of ignition system or replica of
such a firearm, whether actually manufactured before or after 1898.
(ii) A firearm using fixed ammunition manufactured in or before
1898, for which ammunition is no longer manufactured in the United
States and is not readily available in the ordinary channels of
commercial trade.
(b) "Lawful purpose" includes the following:
(i) While en route to or from a hunting or target shooting
area.
(ii) While transporting a pistol en route to or from his or her
home or place of business and place of repair.
(iii) While moving goods from 1 place of abode or business to
another place of abode or business.
(iv) While transporting a licensed pistol en route to or from a
law enforcement agency or for the purpose of having a law
enforcement official take possession of the weapon.
(v) While en route to or from his or her abode or place of
business and a gun show or places of purchase or sale.
(vi) While en route to or from his or her abode to a public
shooting facility or public land where discharge of firearms is
permitted by law, rule, regulation, or local ordinance.
(vii) While en route to or from his or her abode to a private
property location where the pistol is to be used as is permitted by
law, rule, regulation, or local ordinance.
Sec.
232a. (1) Except as provided in subsection (2), a person
who
obtains a pistol in violation of section 2 of Act No. 372 of
the
Public Acts of 1927, as amended, being section 28.422 of the
Michigan
Compiled Laws, is guilty of a misdemeanor, punishable by
imprisonment
for not more than 90 days or a fine of not more than
$100.00,
or both.
(2)
Subsection (1) does not apply to a person who obtained a
pistol
in violation of section 2 of Act No. 372 of the Public Acts
of
1927 before the effective date of the 1990 amendatory act that
added
this subsection, who has not been convicted of that
violation,
and who obtains a license as required under section 2 of
Act
No. 372 of the Public Acts of 1927 within 90 days after the
effective
date of the 1990 amendatory act that added this
subsection.
(3)
A person who intentionally makes a material false
statement
on an application for a license to purchase a pistol
under
section 2 of Act No. 372 of the Public Acts of 1927, as
amended,
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.
(4)
A person who uses or attempts to
use false identification
or the identification of another person to purchase a firearm is
guilty of a misdemeanor, punishable by imprisonment for not more
than 90 days or a fine of not more than $100.00, or both.
Sec. 239a. (1) A law enforcement agency that seizes or
otherwise comes into possession of a firearm or a part of a firearm
subject to disposal under section 239 may, instead of forwarding
the firearm or part of a firearm to the director of the department
of state police or his or her designated representative for
disposal under that section, retain that firearm or part of a
firearm for the following purposes:
(a) For legal sale or trade to a federally licensed firearm
dealer. The proceeds from any sale or trade under this subdivision
shall be used by the law enforcement agency only for law
enforcement purposes. The law enforcement agency shall not sell or
trade a firearm or part of a firearm under this subdivision to any
individual who is a member of that law enforcement agency unless
the individual is a federally licensed firearms dealer and the sale
is made pursuant to a public auction.
(b) For official use by members of the seizing law enforcement
agency who are employed as peace officers. A firearm or part of a
firearm shall not be sold under this subdivision.
(2) A law enforcement agency that sells or trades any pistol
to a licensed dealer under subsection (1)(a) or retains any pistol
under subsection (1)(b) shall complete a record of the transaction
under
section 2 or section 2a, as applicable.in accordance with
standards prescribed by the director of the department of state
police.
(3) A law enforcement agency that sells or trades a firearm or
part of a firearm under this section shall retain a receipt of the
sale or trade for a period of not less than 7 years. The law
enforcement agency shall make all receipts retained under this
subsection available for inspection by the department of state
police upon demand and for auditing purposes by the state and the
local unit of government of which the agency is a part.
(4) Before disposing of a firearm under this section, the law
enforcement agency shall do both of the following:
(a) Determine through the law enforcement information network
whether the firearm has been reported lost or stolen. If the
firearm has been reported lost or stolen and the name and address
of the owner can be determined, the law enforcement agency shall
provide 30 days' written notice of its intent to dispose of the
firearm under this section to the owner, and allow the owner to
claim the firearm within that 30-day period if he or she is
authorized to possess the firearm. If the police agency determines
that a serial number has been altered or has been removed or
obliterated from the firearm, the police agency shall submit the
firearm to the department of state police or a forensic laboratory
for serial number verification or restoration to determine legal
ownership.
(b) Provide 30 days' notice to the public on a website
maintained by the law enforcement agency of its intent to dispose
of the firearm under this section. The notice shall include a
description of the firearm and shall state the firearm's serial
number, if the serial number can be determined. The law enforcement
agency shall allow the owner of the firearm to claim the firearm
within that 30-day period if he or she is authorized to possess the
firearm. The 30-day period required under this subdivision is in
addition to the 30-day period required under subdivision (a).
(5) The law enforcement agency is immune from civil liability
for disposing of a firearm in compliance with this section.
(6) As used in this section, "law enforcement agency" means
any agency that employs peace officers.
Enacting section 1. Section 231b of the Michigan penal code,
1931 PA 328, MCL 750.231b, is repealed.
Enacting section 2. This amendatory act does not take effect
unless House Bill No. 5225 of the 96th Legislature is enacted into
law.