House Introduced Bill 5552

HOUSE BILL No. 5552


     February 10, 1998, Introduced by Reps. Curtis, Cropsey, Llewellyn, Middaugh, Lowe, DeHart, McNutt, Profit, Wetters, Nye, McBryde, Gernaat, Horton, Middleton, Kukuk, Schauer, Walberg, Wojno, Kaza, Frank, Brewer, Jelinek, Hammerstrom, Rocca, Dalman, Prusi, Gustafson, Birkholz, Schermesser, Tesanovich, Jellema, Dobb, Law, Jansen, Raczkowski, Leland,
DeVuyst, Geiger, McManus, Sikkema, Rhead, Owen, Whyman, Baade, Galloway, Varga, Crissman, Cassis, Bodem, Green, Goschka, Voorhees, Callahan, London, Oxender, Alley, Vaughn, Harder and Mans and referred to the Committee on House Oversight and Ethics.


        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 sections 12 and 14 (MCL 28.432 and 28.434); and to

   repeal acts and parts of acts.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 12.  Sections 2 and 9 do not apply to  a duly

 2     authorized  ANY OF THE FOLLOWING:

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

 4    of  the  THIS state or any subdivision  thereof, nor to the  OF

 5    THIS STATE.




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 1         (B) THE UNITED STATES army, air force, navy, or marine

 2    corps.  of the United States, nor to organizations 

 3         (C) AN ORGANIZATION authorized by law to purchase or receive

 4    weapons from the United States or from this state.  , nor to the 

 5         (D) THE national guard, armed forces reserves, or other duly

 6    authorized military  organizations, or to members of the above

 7     agencies or organizations for weapons used for the purposes of or

 8     incidental to such agencies or organizations, nor to a person 

 9    ORGANIZATION.

10         (E) A MEMBER OF AN ENTITY OR ORGANIZATION DESCRIBED IN

11    SUBDIVISIONS (A) TO (D) FOR A PISTOL USED IN THE COURSE OF HIS OR

12    HER DUTIES WITH THAT ENTITY.

13         (F) A NONRESIDENT holding a license to carry a pistol con-

14    cealed upon his OR HER person issued by another state  , nor to

15     the  WHO MEETS THE CRITERIA SET FORTH IN SECTION 5B(8)(C), (D),

16    (E), (G), (H), OR (I).

17         (G) THE regular and ordinary transportation of  pistols  A

18    PISTOL as merchandise by AN authorized  agents  AGENT of  any  A

19    person licensed to manufacture firearms OR A LICENSED DEALER.

20         Sec. 14.  (1)  All pistols, weapons or devices  EXCEPT AS

21    PROVIDED IN SUBSECTION (2), A PISTOL, WEAPON, OR DEVICE carried

22    or possessed  contrary to  IN VIOLATION OF this act  are hereby

23     declared  IS forfeited to the state  ,  and shall be turned over

24    to the  commissioner  DIRECTOR of the  Michigan  DEPARTMENT OF

25    state police or his OR HER designated representative, for  such 

26    disposition as  said commissioner may prescribe  THE DIRECTOR OF

27    THE DEPARTMENT OF STATE POLICE PRESCRIBES.



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                                   3

 1         (2) A CONCEALED PISTOL CARRIED IN VIOLATION OF THIS ACT BY

 2    AN INDIVIDUAL LICENSED UNDER SECTION 5B TO CARRY A CONCEALED

 3    PISTOL IS SUBJECT TO SEIZURE AND FORFEITURE UNDER SECTION 5G.

 4         Enacting section 1.  Sections 6 and 9d of 1927 PA 372, MCL

 5    28.426 and 28.429d, are repealed.

 6         Enacting section 2.  This amendatory act takes effect

 7    January 1, 1999.

 8         Enacting section 3.  This amendatory act does not take

 9    effect unless all of the following bills of the 89th Legislature

10    are enacted into law:

11         (a) Senate Bill No. _____ or House Bill No. _____ (request

12    no. 00241'97 ***).

13         (b) Senate Bill No. _____ or House Bill No. _____ (request

14    no. 00241'97 a ***).

15         (c) Senate Bill No. _____ or House Bill No. _____ (request

16    no. 00241'97 b ***).

17         (d) Senate Bill No. _____ or House Bill No. _____ (request

18    no. 03890'97 **).

19         (e) Senate Bill No. _____ or House Bill No. _____ (request

20    no. 04590'97 **).

21         (f) Senate Bill No. _____ or House Bill No. _____ (request

22    no. 04591'97 **).

23         (g) Senate Bill No. _____ or House Bill No. _____ (request

24    no. 04592'97 **).

25         (h) Senate Bill No. _____ or House Bill No. _____ (request

26    no. 05184'97 *).





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