HB-5428, As Passed Senate, April 29, 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
1 disabling mechanism or encased when the pistol is presented for
2 inspection. A person who violates this subsection is responsible
3 for a state civil infraction and may be ordered to pay a civil
4 fine of not more than $50.00.