April 21, 2005, Introduced by Reps. Lemmons, III, Vagnozzi, Lemmons, Jr., Alma Smith, Hunter, Tobocman, Waters, Donigan, McConico and Cheeks and referred to the Committee on Judiciary.
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 2 (MCL 28.422), as amended by 2004 PA 101.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. (1) Except as provided in subsection (2), a person
shall not purchase, carry, or transport a pistol in this state
without first having obtained a license for the pistol as
prescribed in this section.
(2) A person who brings a pistol into this state who is on
leave from active duty with the armed forces of the United States
or who has been discharged from active duty with the armed forces
of the United States shall obtain a license for the pistol within
30 days after his or her arrival in this state.
(3) The commissioner or chief of police of a city, township,
or
village police department that issues licenses to purchase,
carry,
or transport pistols under
this section, or his or her duly
authorized deputy, or the sheriff or his or her duly authorized
deputy, in the parts of a county not included within a city,
township, or village having an organized police department, in
discharging the duty to issue licenses shall with due speed and
diligence
issue licenses to purchase, carry, or transport pistols
under this section to qualified applicants residing within the
city, village, township, or county, as applicable unless he or she
has probable cause to believe that the applicant would be a threat
to himself or herself or to other individuals, or would commit an
offense with the pistol that would violate a law of this or another
state or of the United States. An applicant is qualified if all of
the following circumstances exist:
(a) The person is not subject to an order or disposition for
which he or she has received notice and an opportunity for a
hearing, and which was entered into the law enforcement information
network pursuant
to under any of the following:
(i) Section 464a(1) of the mental health code, 1974 PA 258, MCL
330.1464a.
(ii) Section 5107 of the estates and protected individuals
code, 1998 PA 386, MCL 700.5107, or section 444a of former 1978 PA
642.
(iii) Section 2950(9) of the revised judicature act of 1961,
1961 PA 236, MCL 600.2950.
(iv) Section 2950a(7) of the revised judicature act of 1961,
1961 PA 236, MCL 600.2950a.
(v) Section 14 of 1846 RS 84, MCL 552.14.
(vi) Section 6b(5) of chapter V of the code of criminal
procedure, 1927 PA 175, MCL 765.6b, if the order has a condition
imposed pursuant
to under section 6b(3) of chapter V of the code
of criminal procedure, 1927 PA 175, MCL 765.6b.
(vii) Section 16b(1) of chapter IX of the code of criminal
procedure, 1927 PA 175, MCL 769.16b.
(b) The person is 18 years of age or older or, if the seller
is
licensed pursuant to section 923 of title 18 of the United
States
Code, under 18 USC 923, is 21 years of age or older.
(c) The person is a citizen of the United States and is a
legal resident of this state.
(d) A felony charge against the person is not pending at the
time of application.
(e) The person is not prohibited from possessing, using,
transporting, selling, purchasing, carrying, shipping, receiving,
or distributing a firearm under section 224f of the Michigan penal
code, 1931 PA 328, MCL 750.224f.
(f) The person has not been adjudged insane in this state or
elsewhere unless he or she has been adjudged restored to sanity by
court order.
(g) The person is not under an order of involuntary commitment
in an inpatient or outpatient setting due to mental illness.
(h) The person has not been adjudged legally incapacitated in
this state or elsewhere. This subdivision does not apply to a
person who has had his or her legal capacity restored by order of
the court.
(i) The person correctly answers 70% or more of the questions
on a basic pistol safety review questionnaire approved by the basic
pistol safety review board and provided to the individual free of
charge by the licensing authority. If the person fails to correctly
answer 70% or more of the questions on the basic pistol safety
review questionnaire, the licensing authority shall inform the
person of the questions he or she answered incorrectly and allow
the person to attempt to complete another basic pistol safety
review questionnaire. The person shall not be allowed to attempt to
complete more than 2 basic pistol safety review questionnaires on
any single day. The licensing authority shall allow the person to
attempt to complete the questionnaire during normal business hours
on the day the person applies for his or her license.
(4) Applications for licenses under this section shall be
signed by the applicant under oath upon forms provided by the
director of the department of state police. Licenses to purchase,
carry, or transport pistols shall be executed in triplicate upon
forms provided by the director of the department of state police
and shall be signed by the licensing authority. Three copies of the
license shall be delivered to the applicant by the licensing
authority.
(5) Upon the sale of the pistol, the seller shall fill out the
license forms describing the pistol sold, together with the date of
sale, and sign his or her name in ink indicating that the pistol
was sold to the licensee. The licensee shall also sign his or her
name in ink indicating the purchase of the pistol from the seller.
The
seller may shall
retain a copy 2 copies of the license as a
record
of the sale of the pistol. The licensee seller shall
return 2
copies 1 copy of the license to the licensing authority
within
10 days following the purchase sale of the pistol. The
seller shall send the copy by first-class mail to the department
within 10 days after the sale of the pistol.
(6) One
The copy of the license returned by the seller under
subsection (5) shall be retained by the licensing authority as an
official
record for a period of 6 years. The other copy of the
license
shall be forwarded by the licensing authority within 48
hours
to the director of the department of state police. A
license
is
void unless used within 10 days after the date of its issue it
is issued.
(7) This section does not apply to the purchase of pistols
from wholesalers by dealers regularly engaged in the business of
selling pistols at retail, or to the sale, barter, or exchange of
pistols kept as relics or curios not made for modern ammunition or
permanently deactivated. This section does not prevent the transfer
of ownership of pistols that are inherited if the license to
purchase is approved by the commissioner or chief of police,
sheriff, or their authorized deputies, and signed by the personal
representative of the estate or by the next of kin having authority
to dispose of the pistol.
(8) The licensing authority shall provide a basic pistol
safety brochure to each applicant for a license under this section
before the applicant answers the basic pistol safety review
questionnaire. A basic pistol safety brochure shall contain, but is
not limited to providing, information on all of the following
subjects:
(a) Rules for safe handling and use of pistols.
(b) Safe storage of pistols.
(c) Nomenclature and description of various types of pistols.
(d) The responsibilities of owning a pistol.
(9) The basic pistol safety brochure shall be supplied in
addition to the safety pamphlet required by section 9b.
(10) The basic pistol safety brochure required in subsection
(8) shall be produced by a national nonprofit membership
organization that provides voluntary pistol safety programs that
include training individuals in the safe handling and use of
pistols.
(11) A person who forges any matter on an application for a
license under this section is guilty of a felony, punishable by
imprisonment for not more than 4 years or a fine of not more than
$2,000.00, or both.
(12) A licensing authority shall implement this section during
all of the licensing authority's normal business hours and shall
set hours for implementation that allow an applicant to use the
license within the time period set forth in subsection (6).