Legislative Analysis
Phone: (517) 373-8080
LICENSING OF FIREARMS
http://www.house.mi.gov/hfa
Senate Bill 76 (S-2) as passed by the Senate Analysis available at
Sponsor: Sen. Kevin Hertel http://www.legislature.mi.gov
Senate Bill 77 as passed by the Senate
Sponsor: Sen. Jeremy Moss
Senate Bill 78 as passed by the Senate
Sponsor: Sen. Mary Cavanagh
House Committee: Judiciary
Senate Committee: Civil Rights, Judiciary, and Public Safety
Complete to 3-22-23
SUMMARY:
Senate Bill 76 would amend 1927 PA 372, now known as the handgun licensure act, to apply
several of its provisions to firearms, rather than only to pistols as currently provided. Senate
Bill 77 would amend the Michigan Penal Code to replace pistol with firearm in several
provisions establishing penalties for violations of section 2 of the handgun licensure act. Senate
Bill 78 would revise the sentencing guidelines for felony offenses under the handgun licensure
act that currently apply to pistols to instead apply to firearms.
Senate Bill 76 would amend the handgun licensure act to expand many provisions to apply not
just to pistols, but to all firearms.
Firearm means any weapon which will, is designed to, or may readily be converted to
expel a projectile by action of an explosive.
Pistol means a loaded or unloaded firearm that is 26 inches or less in length, or a loaded
or unloaded firearm that by its construction and appearance conceals it as a firearm.
Section 2: Purchases of firearms
Section 2 of the act currently, with some exceptions, prohibits a person from purchasing,
carrying, possessing, or transporting a pistol in Michigan without first having obtained a
license for the pistol from local law enforcement. This is commonly referred to as a “purchase
license” or “pistol permit.” Such a license is void unless used within 30 days after it is issued.
A local law enforcement agency is required to issue a purchase license to a qualified individual
unless the agency has probable cause to believe that the applicant would be a threat to
themselves or other individuals or would commit an offense with the pistol that would violate
a state or federal law. The bill would replace pistol in this provision with firearm (which
includes both pistols and long guns such as rifles and shotguns). Specifically, under the bill, a
person could not do either of the following:
• Purchase, carry, possess, or transport a pistol in Michigan without first obtaining a
license for the pistol under section 2 of the act.
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 • Purchase or acquire a firearm that is not a pistol in Michigan without a license under
section 2. This provision would not apply to a firearm purchased or acquired before the
bill’s effective date.
The bill also would amend the following existing provisions in section 2 to apply to firearms
instead of just pistols, except as noted:
• An individual on leave from active duty with the Armed Forces of the U.S. or
discharged from active duty who brings a firearm into the state would be required to
obtain a license for the firearm not later than 30 days after arriving in the state.
• The appropriate city, township, or village police department (or, in some cases, the
sheriff’s department) that currently issues purchase licenses would continue to do so in
the same manner, but the purchase license would now be issued to purchase, carry,
possess, or transport a firearm (not just a pistol).
• In determining the eligibility of an applicant for a purchase license for a firearm based
on age, an applicant would have to be at least 18 years old, but would have to be at
least 21 years of age if the firearm is a pistol and the seller is a federally licensed
firearms dealer.
• A licensing authority would still issue a purchase license in triplicate to the applicant,
but the license would be to purchase, carry, possess, or transport a firearm (not just a
pistol).
• If an individual purchases or otherwise acquires a firearm, the seller is required to fill
out the requisite license forms. The purchaser would have to sign their name indicating
the purchase or other acquisition of the firearm. The seller would provide one copy of
the license form to the purchaser (instead of two as currently required). If the firearm
is a pistol, the seller (instead of the purchaser as is currently required) would return
one copy of the license to the licensing authority not later than 10 days after the date
the pistol is purchased or acquired. A seller who fails to comply with this requirement
would be responsible for a civil infraction and could be fined up to $250 (currently,
this penalty applies to a purchaser who fails to comply with the requirements). The
responsibilities of the licensing authority to enter the information into the pistol entry
database after receiving the license copy for a purchase or acquisition of a pistol would
remain the same as currently provided.
• Section 2 would not apply to the purchase of firearms (instead of only pistols) from
wholesalers by dealers regularly engaged in the business of selling firearms at retail,
or to the sale, barter, or exchange of firearms kept as relics or curios not made for
modern ammunition or permanently deactivated.
• The bill would continue to provide that section 2 does not prevent the transfer of
ownership of pistols to an heir or devisee regardless of whether the pistol is entered
into the pistol entry database (instead of being registered with the state). However, the
bill then requires a person who has inherited a firearm (not just a pistol) to obtain a
license not later than 30 days after taking physical possession of the firearm. All other
current provisions pertaining to an inherited pistol would apply to inherited firearms.
• Currently, a nonresident of Michigan is not required to obtain a purchase license under
section 2 if certain conditions are met, for instance, if the nonresident is licensed in
their home state to purchase, carry, or transport a pistol and the nonresident is in
possession of that license. The bill would retain this exemption from licensure for these
nonresidents. (It would appear that a nonresident who holds a license to purchase,
carry, possess, or transport a pistol in their home state would be exempt under this
House Fiscal Agency SBs 76 (S-2), 77, and 78 as reported Page 2 of 6
 provision from the requirement to obtain a purchase license before purchasing a long
gun in Michigan.)
• Currently, section 2 does not apply to an individual who is younger than the minimum
age to possess a pistol (21 years of age) if certain conditions are met. Under the bill,
the exemption from obtaining a purchase license would apply if either of the following
conditions is met:
o The individual is not otherwise prohibited from possessing that pistol and all
of the following apply:
 The individual is at a target range.
 The individual possesses the pistol for the purpose of target practice or
instruction in the safe use of a pistol.
 The individual is in the physical presence and under the direct
supervision of their parent, guardian, or an individual at least 21 years
old, who is authorized by the parent or guardian, and who has
successfully completed a pistol safety training course or class meeting
certain requirements for a pistol safety training course and has received
a certificate of completion.
o The individual is not otherwise prohibited from possessing that pistol, the
individual possesses the pistol for the purpose of hunting, and the individual is
in compliance with all applicable hunting laws.
Section 2a: Exemptions from section 2
Currently, section 2a exempts certain individuals from the requirement to obtain a purchase
license under section 2 to purchase, carry, possess, use, or transport a pistol. The bill would
replace pistol with firearm in these provisions. The list includes an individual who holds a
concealed pistol license (CPL), with some exceptions; a federally licensed firearms dealer; and
an individual currently employed as a police officer who is licensed or certified under the
Michigan Commission on Law Enforcement Standards (MCOLES) Act. The bill would also
exempt an individual purchasing a firearm other than a pistol who has a federal national
instant criminal background check performed by a federally licensed firearms dealer not more
than five days before the purchase. Further, the bill would delete a provision exempting an
individual who purchases a pistol from a federally licensed dealer in compliance with 18 USC
922(t). 1
Currently, if an individual described above (CPL holder, federally licensed firearms dealer, or
employed police officer who is MCOLES-certified) purchases or otherwise acquires a pistol,
the seller is required to complete a record in triplicate that includes certain information. The
bill would replace pistol with firearm.
Currently, if the purchaser is not a CPL holder, federally licensed firearms dealer, or police
officer as described above, the record must include the dealer license number of the federally
licensed firearms dealer who is selling the pistol. The bill would replace the italicized text with
that performed the federal national instant criminal background check. Instead of requiring
the purchaser to receive two copies of the record, the bill would require the seller to provide a
copy of the record to the purchaser.
1
See https://www.law.cornell.edu/uscode/text/18/922
House Fiscal Agency SBs 76 (S-2), 77, and 78 as reported Page 3 of 6
 For any of the purchasers described above, if the firearm being acquired is a pistol, the seller,
rather than the purchaser as is now required, must forward a copy of the record to the
appropriate local law enforcement agency where the seller (changed from purchaser) resides
not later than 10 days following the purchase or acquisition. (The information is then entered
into the pistol entry database by the local law enforcement agency not later than 10 days after
receiving the record copy for a pistol.)
Currently, a purchaser who does not comply with the requirements pertaining to a record of a
sale or acquisition of a pistol is responsible for a state civil infraction punishable by a fine up
to $250 and the court must notify the Department of State Police. The bill would apply the civil
infraction for noncompliance and the notification requirements by the court to a seller instead
of a purchaser. If the purchaser holds a CPL, the court must also notify the licensing authority
of the civil infraction determination.
Other provisions expanded to apply to firearms
The bill also would amend the following existing provisions in section 2b to apply to firearms
instead of just pistols:
• Currently, if an entry into the Law Enforcement Information Network (LEIN) of a
disposition or of certain orders as described in section 2, such as being the subject of a
personal protection order regarding domestic violence, that disqualifies an individual
from obtaining a purchase license, written notice must be sent by the Department of
State Police to the individual that includes a statement that the individual cannot obtain
a license to purchase a pistol or obtain a CPL until the order or disposition is removed
from LEIN. The bill would replace pistol with firearm.
• Currently, the requirement to obtain a purchase license under section 2 does not apply
to a police or correctional agency of the United States, Michigan, or any subdivision
of Michigan; the U.S. Army, Air Force, Navy, or Marine Corps; an organization
authorized by law to purchase or receive weapons from the U.S. or Michigan; the
National Guard, U.S. Armed Forces Reserves, or other duly authorized military
organization; or a member of any of these entities or organizations for a pistol while
engaged in the course of that member’s duties with that entity or while going to or
returning from those duties. The bill would replace pistol with firearm.
• Currently, section 2b also exempts from the requirement to obtain a purchase license
the regular and ordinary possession and transportation of a pistol as merchandise by an
authorized agent of a person licensed to manufacture firearms or a licensed dealer.
The bill would replace pistol with firearm.
• Currently, section 14a allows a law enforcement agency that seizes or otherwise comes
into possession of a firearm or a part of firearm subject to disposal under the act to—
instead of sending it for disposal—retain it for certain listed purposes. A law
enforcement agency that sells or trades any pistol to a licensed dealer or retains any
pistol under that provision must complete a record of the transaction. The bill would
replace pistol with firearm.
MCL 28.422 et seq.
Senate Bill 77 would amend the Michigan Penal Code to revise provisions that prescribe
criminal penalties for violations of section 2 of the handgun licensure act. The bill would
change references from “pistols” to “firearms” in provisions that describe violations of the
House Fiscal Agency SBs 76 (S-2), 77, and 78 as reported Page 4 of 6
 handgun licensure act. The bill would not change the penalties themselves. (Note that pistol
and firearm have the same meanings as in SB 76.)
Currently under these provisions:
• A person who knowingly sells a pistol without complying with section 2 of the
handgun licensure act is guilty of a misdemeanor punishable by imprisonment for up
to 90 days or a fine of up to $100, or both.
• A person who obtains a pistol in violation of the handgun licensure act is guilty of a
misdemeanor punishable by imprisonment for up to 90 days or a fine of up to $100, or
both.
• A person who intentionally makes a material false statement on an application for a
license to purchase a pistol under the handgun licensure act is guilty of a felony
punishable by imprisonment for up to four years or a fine of up to $2,000, or both.
Senate Bill 77 would replace pistol with firearm in these provisions. It would not revise the
penalties for a violation.
MCL 750.223 and 750.232a
Senate Bill 78 would amend sentencing guidelines within the Code of Criminal Procedure.
Currently, the guidelines contain the maximum term of imprisonment that may be imposed for
a conviction for forgery on a pistol license application (four years), a false statement on a pistol
sales record (four years), and a false statement in a pistol application (four years). The bill
would replace pistol with firearm to comport with the revisions proposed by Senate Bill 76.
In addition, the bill would delete several guidelines rendered obsolete because the underlying
criminal offenses referenced have previously been repealed.
MCL 777.11b and MCL 777.16m
Senate Bills 77 and 78 cannot take effect unless SB 76 is also enacted.
FISCAL IMPACT:
Senate Bill 76 would have significant fiscal implications for the Department of State Police
(MSP) and local and county law enforcement agencies. Initial estimates indicate that an
expenditure of approximately $200,000 would be necessary for technical changes to the
MiPistol IT system, which is a database used by both MSP and local law enforcement agencies.
Additional costs may be incurred by local and county law enforcement agencies for increased
volumes of firearms licensing, but the magnitude of the costs is currently indeterminate.
The bill also would have an indeterminate fiscal impact on the state and on local units of
government that would depend on the number of individuals held responsible for a civil
infraction and ordered to pay a fine. Because the bill does not specify where the revenue from
a civil fine would be dedicated, it is assumed the majority of the revenue would increase
funding for public and county law libraries, and a small portion of the revenue would be
deposited into th