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HB-4611, As Passed Senate, December 18, 2008

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4611

A bill to authorize a process for retired law enforcement

officers to carry concealed firearms in this state; to prescribe

certain powers and duties of the department of state police, the

commission on law enforcement standards, and certain other state

officers and agencies; to impose certain civil and criminal

penalties; to impose certain requirements on certain persons issued

certificates to carry concealed firearms; to provide for certain

civil immunity; to allow for the collection of certain fees; to

create certain funds; to provide for the forfeiture of firearms

under certain circumstances; and to provide for the promulgation of

rules.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. This act shall be known and may be cited as the

"Michigan retired law enforcement officer's firearm carry act".

Sec. 2. As used in this act:

(a) "Active duty firearms standard" means the in-service

standard for the training and qualification of active duty law

enforcement officers as mandated by the commission under the

commission on law enforcement standards act, 1965 PA 203, MCL

28.601 to 28.616.

(b) "Alcoholic liquor" means that term as defined in section

105 of the Michigan liquor control code of 1998, 1998 PA 58, MCL

436.1105.

by the commission that a retired law enforcement officer has met

the active duty firearms standard in this state and is eligible to

carry a concealed firearm under 18 USC 926C.

(d) "Certificate" means a commission-issued document that

identifies a qualified retired law enforcement officer who is

certified under 18 USC 926C and this act.

(e) "Controlled substance" means that term as defined in

section 7104 of the public health code, 1978 PA 368, MCL 333.7104.

(f) "Certificate holder" means a qualified retired law

enforcement officer who is issued a certificate by the commission.

(g) "Commission" means the commission on law enforcement

standards established under section 3 of the commission on law

enforcement standards act, 1965 PA 203, MCL 28.603.

(h) "Firearm" means that term as defined in section 1 of 1927

PA 372, MCL 28.421.

(i) "Peace officer" means an officer of a law enforcement

agency of the state, the federal government, or a county, township,

city, or village who is responsible for the prevention and

detection of crime and enforcement of the criminal laws of this

state, and includes a motor carrier officer appointed under section

6d of 1935 PA 59, MCL 28.6d, and security personnel employed by the

department of state police under section 6c of 1935 PA 59, MCL

28.6c. Peace officer does not include a qualified retired law

enforcement officer.

(j) "Qualified retired law enforcement officer" means that

term as defined in 18 USC 926C(c).

Sec. 3. The commission shall establish requirements and

procedures through which a qualified retired law enforcement

officer may be certified to carry a concealed firearm under 18 USC

926C and this act. The commission shall establish requirements and

procedures through which certification under 18 USC 926C and this

act may be denied or revoked. The commission may promulgate rules

to implement this act in accordance with the administrative

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

Sec. 4. (1) In order to be eligible to carry a concealed

firearm under 18 USC 926C and this act, a qualified retired law

enforcement officer must meet the requirements of 18 USC 926C and

be a legal resident of this state.

(2) A retired law enforcement officer is not eligible for

certification by the commission under 18 USC 926C and this act if

he or she is prohibited under federal law from being certified

under 18 USC 926C.

Sec. 5. (1) The commission shall establish application

requirements and procedures in order to verify the identity of an

applicant, to conduct a complete criminal history, and to conduct a

background investigation into an applicant's fitness to carry a

concealed firearm under 18 USC 926C and this act.

(2) The commission shall request the department of state

police to conduct a criminal records check through the state of

Michigan and the federal bureau of investigation. The commission

shall require the individual to submit his or her fingerprints to

the department of state police in a manner prescribed by the

department of state police for that purpose. The department of

state police may charge a fee for conducting the criminal records

check. If a criminal arrest fingerprint card is subsequently

submitted to the department of state police and matches against a

fingerprint that was submitted under this section and stored in the

AFIS database, the department of state police shall notify the

commission. Once the department of state police has a set of

fingerprints on file as a result of being fingerprinted for

purposes of this act, the individual is not required to have

fingerprints taken for subsequent renewal applications.

Sec. 6. (1) The commission shall create an application form

for certification under this act. The applicant shall sign the

application acknowledging that all information contained in the

application is true and accurate.

(2) An applicant who knowingly provides false or misleading

information on the application, in whole or in part, 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.

Sec. 7. (1) The commission or its agent shall issue a

certificate to a qualified retired law enforcement officer who has

complied with the active duty firearms standard and is eligible to

carry a concealed firearm under 18 USC 926C and this act.

(2) A certificate holder shall carry the certificate and a

valid driver license or Michigan personal identification card on

his or her person at all times while in possession of a concealed

firearm and shall produce the documents upon demand by a peace

officer.

(3) A certificate holder who is carrying a concealed firearm

and who is stopped by a peace officer shall immediately disclose to

the peace officer that he or she is carrying a concealed firearm on

his or her person or is transporting a firearm in his or her

vehicle.

(4) Upon notice of revocation, a certificate holder is

required to forfeit his or her certificate to the commission by

returning the certificate in person to the commission or returning

the certificate by certified mail.

(5) A violation of this section subjects the certificate

holder to the penalties provided in section 5f of 1927 PA 372, MCL

28.425f, including forfeiture of the firearm.

Sec. 8. (1) A certificate holder shall immediately report to

the commission in writing the circumstances of any of the

following:

(a) An arrest or a conviction for a violation of any state or

federal criminal law.

(b) Becoming the subject of an order or disposition in any

jurisdiction that does 1 or more of the following:

(i) Restrains the certificate holder from harassing, stalking,

or threatening an intimate partner of the person or a child of the

intimate partner or person, or engaging in other conduct that would

place an intimate partner in reasonable fear of bodily injury to

the partner or child.

(ii) Prohibits or limits the transport, possession, carrying,

or use of firearms or ammunition.

(iii) Involves an adjudication of mental illness, a finding of

insanity, a finding of legal incapacity, or an order for

involuntary commitment in an inpatient or outpatient setting.

of controlled substances following a drug test administered to the

certificate holder.

(2) A certificate holder who fails to file a written report as

required under subsection (1) is guilty of a misdemeanor punishable

by imprisonment for not more than 1 year or a fine of not more than

$5,000.00, or both.

Sec. 9. (1) Acceptance of a certificate issued under this act

constitutes implied consent to submit to a chemical analysis under

this section.

(2) A certificate holder shall not carry a concealed firearm

while he or she is under the influence of alcoholic liquor or a

controlled substance or while having a bodily alcohol content

prohibited under this section. A person who violates this section

is responsible for a state civil infraction or is guilty of a crime

as follows:

(a) If the person was under the influence of alcoholic liquor

or a controlled substance or a combination of alcoholic liquor and

a controlled substance, or had a bodily alcohol content of .10 or

more grams per 100 milliliters of blood, per 210 liters of breath,

or per 67 milliliters of urine, the individual is guilty of a

misdemeanor punishable by imprisonment for not more than 93 days or

a fine of not more than $100.00, or both. The court shall order the

commission to permanently revoke the certificate. The commission

shall permanently revoke the certificate as ordered by the court.

(b) If the person had a bodily alcohol content of .08 or more

but less than .10 grams per 100 milliliters of blood, per 210

liters of breath, or per 67 milliliters of urine, the individual is

guilty of a misdemeanor punishable by imprisonment for not more

than 93 days or a fine of not more than $100.00, or both. The court

may order the commission to revoke the certificate for not more

than 3 years. The commission shall revoke the certificate as

ordered by the court.

but less than .08 grams per 100 milliliters of blood, per 210

liters of breath, or per 67 milliliters of urine, the individual is

responsible for a state civil infraction and may be fined not more

than $100.00. The court may order the commission to revoke the

certificate for 1 year. The commission shall revoke certification

if an individual is found responsible for a subsequent violation of

this subdivision.

(3) This section does not prohibit an individual certified

under this act to carry a concealed firearm who has any bodily

alcohol content from transporting that firearm in the locked trunk

of his or her motor vehicle or another motor vehicle in which he or

she is a passenger or, if the vehicle does not have a trunk, from

transporting that firearm unloaded in a locked compartment or

container that is separated from the ammunition for that firearm or

on a vessel if the firearm is transported unloaded in a locked

compartment or container that is separated from the ammunition for

that firearm.

(4) A peace officer who has probable cause to believe a

certificate holder is carrying a concealed firearm in violation of

this section may require the certificate holder to submit to a

chemical analysis of his or her breath, blood, or urine.

(5) Before a certificate holder is required to submit to a

chemical analysis under subsection (4), the peace officer shall

inform the certificate holder of all of the following:

(a) The certificate holder may refuse to submit to the

chemical analysis, but if he or she chooses to do so, all of the

following apply:

(i) The officer may obtain a court order requiring the

certificate holder to submit to a chemical analysis.

(ii) The refusal may result in his or her certificate being

revoked.

(b) If the certificate holder submits to the chemical

analysis, he or she may obtain a chemical analysis described in

subsection (4) from a person of his or her own choosing.

(6) The collection and testing of breath, blood, and urine

specimens under this section shall be conducted in the same manner

that breath, blood, and urine specimens are collected and tested

for alcohol-related and controlled-substance-related motor vehicle

operation violations under the Michigan vehicle code, 1949 PA 300,

MCL 257.1 to 257.923.

(7) If a certificate holder refuses to take a chemical test

authorized under this section, the peace officer shall promptly

report the refusal in writing to the commission.

(8) If a certificate holder takes a chemical test authorized

under this section and the test results indicate that the

individual had any bodily alcohol content while carrying a

concealed firearm, the peace officer shall promptly report the

violation in writing to the commission.

Sec. 10. (1) The commission shall create and maintain a

computerized database of individuals who apply for a certificate

under this act. The database shall contain only the following

information as to each individual:

(a) The individual's name, date of birth, address, and county

of residence.

(b) If the individual is issued a certificate, the certificate

number and date of expiration.

was denied a certificate, a statement of the reasons for that

denial.

(d) A statement of all criminal charges pending and criminal

convictions obtained against the individual during the certificate

period.

(e) A statement of all determinations of responsibility for

civil infractions of this act pending or obtained against the

individual during the certificate period.

(2) If an individual who was denied a certificate is

subsequently issued a certificate, the commission shall delete from

the computerized database the previous reasons for the denial.

(3) The commission shall provide the information described in

subsection (1)(a) and (b) to the department of state police in a

manner prescribed by the department of state police for

dissemination through the law enforcement information network.

(4) Information in the database, compiled under subsections

(1) through (3), is confidential, is not subject to disclosure

under the freedom of information act, 1976 PA 442, MCL 15.231 to

15.246, and shall not be disclosed to any person except for

purposes of this act or for law enforcement purposes.

Sec. 11. The commission shall identify public entities

eligible to administer the active duty firearm standard to

qualified retired law enforcement officers for purposes of carrying

out 18 USC 926C and this act.

Sec. 12. A firearm that is carried in violation of this act is

subject to seizure and forfeiture in the same manner that property

is subject to seizure and forfeiture under sections 4701 to 4709 of

the revised judicature act of 1961, 1961 PA 236, MCL 600.4701 to

600.4709. This section does not apply if the violation is a state

civil infraction under section 5f of 1927 PA 372, MCL 28.425f,

unless the individual fails to present his or her certificate

within the 45-day period described in that section.

Sec. 13. (1) The retired law enforcement officer safety fund

is created in the state treasury.

(2) The state treasurer shall credit to the fund deposits from

the collection of application fees as provided in section 14. The

state treasurer shall direct the investment of the fund. The state

treasurer shall credit to the fund interest and earnings from fund

investments.

(3) The unencumbered balance remaining in the fund at the end

of a fiscal year shall remain in the fund and shall not revert to

the general fund.

(4) The department of state police is the administrator of the

fund for auditing purposes.

(5) The commission shall expend money from the fund, upon

appropriation, only for the purposes of this act.

Sec. 14. The commission may set and collect a fee for actual

costs associated with administration under 18 USC 926C and this act

by any method of payment accepted by the commission. The fees shall

be deposited in the retired law enforcement officer safety fund.

Sec. 15. The commission or any law enforcement agency,

governmental entity, agent, employee, volunteer, designee, or

individual who is acting in good faith in discharging his or her

responsibilities under this act is immune from civil liability for

any damages resulting from the ownership, possession, carrying,

use, or discharge of a firearm by any qualified retired law

enforcement officer who has been certified under this act or whose

certification has been denied. The immunity provided under this

section is in addition to any immunity otherwise provided by law.

Sec. 16. This act does not preempt any existing state or

federal statute, regulation, or other authority governing the use,

possession, carrying, or receiving of firearms or ammunition in

this state, including application by a qualified retired law

enforcement officer to carry a concealed firearm under 18 USC 926C.

Sec. 17. The commission's authority to issue certificates

under this act expires immediately upon the repeal of 18 USC 926C.

Enacting section 1. This act takes effect March 1, 2009.