Senate Introduced Bill B00269

SENATE BILL No. 269

February 28, 2001, Introduced by Senator JAYE and referred to the Committee on Judiciary.

A bill to amend 1927 PA 372, entitled

"An act to regulate and license the selling, purchasing, possess-

ing, 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; to provide for the

forfeiture of firearms possessed in violation of this act; to

provide for penalties and remedies for violations of this act; to

provide immunity from civil liability under certain circum-

stances; to prescribe the powers and duties of certain state and

local agencies; and to repeal all acts and parts of acts incon-

sistent with the provisions of this act,"

by amending section 2 (MCL 28.422), as amended by 1994 PA 338.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 2. (1) Except as provided in subsection (2), a person

2 shall not purchase, carry, or transport a pistol in this state

3 without first having obtained a license for the pistol as pre-

4 scribed in this section.

5 (2) A person who brings a pistol into this state who is on

6 leave from active duty with the armed forces of the United States

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1 or who has been discharged from active duty with the armed forces

2 of the United States shall obtain a license for the pistol within

3 30 days after his or her arrival in this state.

4 (3) The commissioner or chief of police of a city, township,

5 or village police department that issues licenses to purchase,

6 carry, or transport pistols, or his or her duly authorized

7 deputy, or the sheriff or his or her duly authorized deputy, in

8 the parts of a county not included within a city, township, or

9 village having an organized police department, in discharging the

10 duty to issue licenses shall with due speed and diligence issue

11 licenses to purchase, carry, or transport pistols to qualified

12 applicants residing within the city, village, township, or

13 county, as applicable unless he or she has probable cause to

14 believe that the applicant would be a threat to himself or her-

15 self or to other individuals, or would commit an offense with the

16 pistol that would violate a law of this or another state or of

17 the United States. An applicant is qualified if all of the fol-

18 lowing circumstances exist:

19 (a) The person is not subject to an order or disposition for

20 which he or she has received notice and an opportunity for a

21 hearing, and which was entered into the law enforcement informa-

22 tion network pursuant to any of the following:

23 (i) Section 464a(1) of the mental health code, ~~Act No. 258~~

24 ~~of the Public Acts of 1974, being section 330.1464a of the~~

25 ~~Michigan Compiled Laws~~ 1974 PA 258, MCL 330.1464A.

26 (ii) ~~Section 444a(1) of the revised probate code, Act~~

27 ~~No. 642 of the Public Acts of 1978, being section 700.444a of the~~

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1 ~~Michigan Compiled Laws~~ SECTION 5107 OF THE ESTATES AND PROTECTED

2 INDIVIDUALS CODE, 1998 PA 386, MCL 700.5107.

3 (iii) Section ~~2950(9)~~ 2950 of the revised judicature act

4 of 1961, ~~Act No. 236 of the Public Acts of 1961, being section~~

5 ~~600.2950 of the Michigan Compiled Laws~~ 1961 PA 236, MCL

6 600.2950.

7 (iv) Section ~~2950a(7)~~ 2950A of ~~Act No. 236 of the Public~~

8 ~~Acts of 1961, being section 600.2950a of the Michigan Compiled~~

9 ~~Laws~~ THE REVISED JUDICATURE ACT OF 1961, 1961 PA 236, MCL

10 600.2950A.

11 (v) Section ~~14(7) of chapter 84 of the Revised Statutes of~~

12 ~~1846, being section 552.14 of the Michigan Compiled Laws~~ 14 OF

13 1846 RS 84, MCL 552.14.

14 (vi) Section ~~6b(5)~~ 6B of chapter V of the code of criminal

15 procedure, ~~Act No. 175 of the Public Acts of 1927, being section~~

16 ~~765.6b of the Michigan Compiled Laws~~ 1927 PA 175, MCL 765.6B, if

17 the order has a condition imposed pursuant to section 6b(3) of

18 chapter V of ~~Act No. 175 of the Public Acts of 1927~~ THE CODE OF

19 CRIMINAL PROCEDURE, 1927 PA 175, MCL 765.6B.

20 (vii) Section ~~16b(1)~~ 16B of chapter IX of ~~Act No. 175 of~~

21 ~~the Public Acts of 1927, being section 769.16b of the Michigan~~

22 ~~Compiled Laws~~ THE CODE OF CRIMINAL PROCEDURE, 1927 PA 175, MCL

23 769.16B.

24 (b) The person is 18 years of age or older or, if the seller

25 is licensed pursuant to section 923 of title 18 of the United

26 States Code, 18 U.S.C. 923, is 21 years of age or older.

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1 (c) The person is a citizen of the United States and is a

2 legal resident of this state.

3 (d) A felony charge against the person is not pending at the

4 time of application.

5 (e) The person is not prohibited from possessing, using,

6 transporting, selling, purchasing, carrying, shipping, receiving,

7 or distributing a firearm under section 224f of the Michigan

8 penal code, ~~Act No. 328 of the Public Acts of 1931, being sec-~~

9 ~~tion 750.224f of the Michigan Compiled Laws~~ 1931 PA 328, MCL

10 750.224F.

11 (f) The person has not been adjudged insane in this state or

12 elsewhere unless he or she has been adjudged restored to sanity

13 by court order.

14 (g) The person is not under an order of involuntary commit-

15 ment in an inpatient or outpatient setting due to mental

16 illness.

17 (h) The person has not been adjudged legally incapacitated

18 in this state or elsewhere. This subdivision does not apply to a

19 person who has had his or her legal capacity restored by order of

20 the court.

21 (i) The person correctly answers 70% or more of the ques-

22 tions on a basic pistol safety review questionnaire approved by

23 the basic pistol safety review board and provided to the individ-

24 ual free of charge by the licensing authority. If the person

25 fails to correctly answer 70% or more of the questions on the

26 basic pistol safety review questionnaire, the licensing authority

27 shall inform the person of the questions he or she answered

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1 incorrectly and allow the person to attempt to complete another

2 basic pistol safety review questionnaire. The person shall not

3 be allowed to attempt to complete more than 2 basic pistol safety

4 review questionnaires on any single day. The licensing authority

5 shall allow the person to attempt to complete the questionnaire

6 during normal business hours on the day the person applies for

7 his or her license.

8 (4) Applications for licenses under this section shall be

9 signed by the applicant under oath upon forms provided by the

10 director of the department of state police. Licenses to pur-

11 chase, carry, or transport pistols shall be executed in tripli-

12 cate upon forms provided by the director of the department of

13 state police and shall be signed by the licensing authority.

14 Three copies of the license shall be delivered to the applicant

15 by the licensing authority.

16 (5) Upon the sale of the pistol, the seller shall fill out

17 the license forms describing the pistol sold, together with the

18 date of sale, and sign his or her name in ink indicating that the

19 pistol was sold to the licensee. The licensee shall also sign

20 his or her name in ink indicating the purchase of the pistol from

21 the seller. The seller may retain a copy of the license as a

22 record of the sale of the pistol. The licensee shall return

23 2 copies of the license to the licensing authority within 10 days

24 following the purchase of the pistol.

25 (6) One copy of the license shall be retained by the licens-

26 ing authority as an official record for a period of 6 years. The

27 other copy of the license shall be forwarded by the licensing

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1 authority within 48 hours to the director of the department of

2 state police. A license is void unless used within 10 days after

3 the date of its issue.

4 (7) This section does not apply to the purchase of pistols

5 from wholesalers by dealers regularly engaged in the business of

6 selling pistols at retail, or to the sale, barter, or exchange of

7 pistols kept solely as relics, curios, or antiques not made for

8 modern ammunition or permanently deactivated. This section does

9 not prevent the transfer of ownership of pistols that are inher-

10 ited if the license to purchase is approved by the commissioner

11 or chief of police, sheriff, or their authorized deputies, and

12 signed by the personal representative of the estate or by the

13 next of kin having authority to dispose of the pistol.

14 (8) The licensing authority shall provide a basic pistol

15 safety brochure to each applicant for a license under this sec-

16 tion before the applicant answers the basic pistol safety review

17 questionnaire. A basic pistol safety brochure shall contain, but

18 is not limited to providing, information on all of the following

19 subjects:

20 (a) Rules for safe handling and use of pistols.

21 (b) Safe storage of pistols.

22 (c) Nomenclature and description of various types of

23 pistols.

24 (d) The responsibilities of owning a pistol.

25 (9) The basic pistol safety brochure shall be supplied in

26 addition to the safety pamphlet required by section 9b.

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1 (10) The basic pistol safety brochure required in subsection

2 (8) shall be produced by a national nonprofit membership

3 organization that provides voluntary pistol safety programs that

4 include training individuals in the safe handling and use of

5 pistols.

6 (11) A person who forges any matter on an application for a

7 license under this section is guilty of a felony, punishable by

8 imprisonment for not more than 4 years or a fine of not more than

9 $2,000.00, or both.

10 (12) A licensing authority shall implement this section

11 during all of the licensing authority's normal business hours and

12 shall set hours for implementation that allow an applicant to use

13 the license within the time period set forth in subsection (6).

14 (13) AN APPLICATION FOR A LICENSE UNDER THIS SECTION, AND A

15 LICENSING AUTHORITY'S DATA RELATING TO THE STATUS OF THAT APPLI-

16 CATION, SHALL BE MADE AVAILABLE TO THE PUBLIC IN COMPLIANCE WITH

17 THE FREEDOM OF INFORMATION ACT, 1976 PA 442, MCL 15.231 TO

18 15.246.

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