HB-5427, As Passed Senate, April 29, 2004

HOUSE BILL No. 5427

(As amended, April 28, 2004)

January 27, 2004, Introduced by Reps. Acciavatti, Hummel, Milosch, Garfield, LaJoy, Drolet, Amos, Sheltrown, Tabor, Taub, Nofs, Pappageorge, Casperson, DeRoche, Hune, Caswell, Bisbee, Nitz, Gaffney, Emmons, Bradstreet, Rocca, Farhat, Pastor, Stahl, DeRossett, Vander Veen, Voorhees and Spade and referred to the Committee on Conservation and Outdoor Recreation.

                                                                             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 12 (MCL 28.432), as amended by 2000 PA 381.             

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 12.  <<(1)>> Sections 2 and 9 do not apply to any of the              

2   following:                                                                  

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

4   of this state or any subdivision of this state.                             

5       (b) The United States army, air force, navy, or marine                      

House Bill No. 5427 as amended April 28, 2004                               

1   corps.                                                                      

2       (c) An organization authorized by law to purchase or receive                

3   weapons from the United States or from this state.                          

4       (d) The national guard, armed forces reserves, or other duly                

5   authorized military organization.                                           

6       (e) A member of an entity or organization described in                      

7   subdivisions (a) to (d) for a pistol while engaged in the course            

8   of his or her duties with that entity or while going to or                  

9   returning from those duties.                                                

10      (f) A United States citizen holding a license to carry a                    

11  pistol concealed upon his or her person issued by another state.            

12      (g) The regular and ordinary transportation of a pistol as                  

13  merchandise by an authorized agent of a person licensed to                  

14  manufacture firearms or a licensed dealer.                                  

15  (h) Purchasing, owning, carrying, possessing, using, or                     

16  transporting an antique firearm.  As used in this subdivision,              

17  "antique firearm" means that term as defined in section 231a of             

18   the Michigan penal code, 1931 PA 328, MCL 750.231a.

    <<(2) The amendatory act that added subdivision (h) shall be known and may be cited as the "Janet Kukuk act".>>