HB-4642, As Passed House, September 13, 2005

SUBSTITUTE FOR

HOUSE BILL NO. 4642

     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 2004 PA 99.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

following:

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

this state or any subdivision of this state.

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

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

weapons from the United States or from this state.

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

authorized military organization.

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

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

his or her duties with that entity or while going to or returning

from those duties.

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

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

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

merchandise by an authorized agent of a person licensed to

manufacture firearms or a licensed dealer.

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

transporting an antique firearm. As used in this subdivision,

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

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

(i) An individual carrying, possessing, using, or transporting

a pistol belonging to another individual, if the other individual's

pistol is properly licensed and inspected under this act and the

individual carrying, possessing, using, or transporting the pistol

has obtained a license under section 5b to carry a concealed

pistol.

     (2) The amendatory act that added subdivision (h) shall be

known and may be cited as the "Janet Kukuk act".