HOUSE BILL No. 4468


     March 11, 1997, Introduced by Reps. Crissman, Galloway, Dobb, Bodem, Voorhees, Hammerstrom, McBryde and Goschka and referred to the Committee on Judiciary.


        A bill to amend 1927 PA 372, entitled

   "An act to regulate and license the selling, purchasing, possess-
   ing, 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; to provide for the
   forfeiture of firearms possessed in violation of this act; to
   provide immunity from civil liability under certain circum-
   stances; to prescribe the powers and duties of certain state and
   local agencies; and to repeal all acts and parts of acts incon-
   sistent with the provisions of this act,"

   by amending section 4 (MCL 28.424), as added by 1992 PA 219.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 4.  (1) A person who is prohibited from possessing,

 2    using, transporting, selling, purchasing, carrying, shipping,

 3    receiving, or distributing a firearm under section 224f(2) of the

 4    Michigan penal code,  Act No. 328 of the Public Acts of 1931,

 5     being section 750.224f of the Michigan Compiled Laws  1931 PA

 6    328, MCL 750.224F, may apply to the concealed weapons licensing




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 1    board in the county in which he or she resides for restoration of

 2    those rights.

 3         (2) Not more than 1 application may be submitted under

 4    subsection (1) in any calendar year.  The concealed weapons

 5    licensing board may charge a fee of not more than $10.00 for the

 6    actual and necessary expenses of each application.

 7         (3) The concealed weapons licensing board shall, by written

 8    order of the board, restore the rights of a person to possess,

 9    use, transport, sell, purchase, carry, ship, receive, or distrib-

10    ute a firearm if the board determines, by clear and convincing

11    evidence, that all of the following circumstances exist:

12         (a) The person properly submitted an application for resto-

13    ration of those rights as provided under this section.

14         (b) The expiration of 5 years after all of the following

15    circumstances, AS APPLICABLE:

16         (i) The person has paid all fines imposed for the violation

17    resulting in the prohibition.

18         (ii) The person has served all terms of imprisonment imposed

19    for the violation resulting in the prohibition.

20         (iii) The person has successfully completed all conditions

21    of probation or parole imposed for the violation resulting in the

22    prohibition.

23         (iv) THE PERSON HAS SUCCESSFULLY COMPLETED ALL TERMS, CONDI-

24    TIONS, OR REQUIREMENTS IMPOSED IN THE ORDER OF DISPOSITION FOR

25    THE VIOLATION RESULTING IN THE PROHIBITION.







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 1         (c) The person's record and reputation are such that the

 2    person is not likely to act in a manner dangerous to the safety

 3    of other persons.

 4         (4) If the concealed weapons licensing board  pursuant to 

 5    UNDER subsection (3) refuses to restore a right under this sec-

 6    tion, the person may petition the circuit court for review of

 7    that decision.

 8         Enacting section 1.  This amendatory act does not take

 9    effect unless Senate Bill No. _____ or House Bill No. _____

10    (request no. 00315'97) of the 89th Legislature is enacted into

11    law.


































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