H05479'03 (H-1)

HB-5428, As Passed House, February 25, 2004

SUBSTITUTE FOR

HOUSE BILL NO. 5428

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 section 9 (MCL 28.429), as amended by 1996 PA 169.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 9. (1) A person within the state who owns or comes

2 into possession of a pistol shall, if he or she resides in a

3 city, township, or village having an organized police department,

4 present the pistol for safety inspection to the commissioner or

5 chief of police of the city, township, or village police

1 department or to a duly authorized deputy of the commissioner or

2 chief of police. If that person resides in a part of the county

3 not included within a city, township, or village having an

4 organized police department, he or she shall present the pistol

5 for safety inspection to the sheriff of the county or to a duly

6 authorized deputy of the sheriff. If the person presenting the

7 pistol is eligible to possess a pistol under section 2(1), a

8 certificate of inspection shall be issued in triplicate on a form

9 provided by the director of the department of state police,

10 containing the name, age, address, description, and signature of

11 the person presenting the pistol for inspection, together with a

12 full description of the pistol. The original of the certificate

13 shall be delivered to the registrant. The duplicate of the

14 certificate shall be mailed within 48 hours to the director of

15 the department of state police and filed and indexed by the

16 department and kept as a permanent official record. The

17 triplicate of the certificate shall be retained and filed in the

18 office of the sheriff, commissioner, or chief of police. This

19 section does not apply to a wholesale or retail dealer in

20 firearms who regularly engages in the business of selling pistols

21 at retail, or to a person who holds a collection of pistols kept

22 ~~solely~~ for the purpose of display as relics , or curios ~~, or~~

23 ~~antiques,~~ and that are not made for modern ammunition or are

24 permanently deactivated.

25 (2) A person who presents a pistol for a safety inspection

26 under subsection (1) shall ensure that the pistol is unloaded and

27 that the pistol is equipped with a trigger lock or other