Bill Summary – FastDemocracy

SENATE BILL NO. 309
 May 02, 2023, Introduced by Senators LINDSEY, LAUWERS, BELLINO, HOITENGA, THEIS,
   DAMOOSE, NESBITT, BUMSTEAD, OUTMAN and VICTORY and referred to the
   Committee on Civil Rights, Judiciary, and Public Safety.
      A bill to amend 1927 PA 372, entitled
"An act to regulate and license the selling, purchasing,
possessing, and carrying of certain firearms, gas ejecting devices,
and electro-muscular disruption devices; to prohibit the buying,
selling, or carrying of certain firearms, gas ejecting devices, and
electro-muscular disruption devices without a license or other
authorization; to provide for the forfeiture of firearms and
electro-muscular disruption devices 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,"
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     by amending sections 2, 2a, 5b, 5g, 5o, 12, and 15 (MCL 28.422,
422a, 28.425b, 28.425g, 28.425o, 28.432, and 28.435), section 2
     as amended by 2015 PA 200, section 2a as amended by 2016 PA 301,
     sections 5b and 5o as amended by 2017 PA 95, section 5g as amended
     by 2012 PA 123, section 12 as amended by 2010 PA 209, and section
as added by 2000 PA 265; and to repeal acts and parts of acts.
                  THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
       Sec. 2. (1) Except as otherwise provided in this act, a person
 shall not purchase , carry, possess, 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.
       (2) (3) The commissioner or chief of police of a city,
 township, or village police department that issues licenses to
 purchase , carry, possess, or transport pistols, or his or her the
 commissioner's or chief's duly authorized deputy, or the sheriff or
 his or her the sheriff's 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, possess, or transport pistols to qualified
 applicants unless he or she the individual has probable cause to
 believe that the applicant would be a threat to himself or herself
 the applicant or to other individuals, or would commit an offense
 with the pistol that would violate a law of this or another state
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 or of the United States. An applicant is qualified if all of the
 following circumstances exist:
        (a) The person individual is not subject to an order or
 disposition for which he or she the individual has received notice
 and an opportunity for a hearing, and which was entered into the
 law enforcement information network under any of the following:
        (i) Section 464a 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 of the revised judicature act of 1961, 1961
 PA 236, MCL 600.2950.
        (iv) Section 2950a 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 of chapter V of the code of criminal procedure,
 1927 PA 175, MCL 765.6b, if the order has a condition imposed under
 section 6b(3) of chapter V of the code of criminal procedure, 1927
 PA 175, MCL 765.6b.
        (vii) Section 16b of chapter IX of the code of criminal
 procedure, 1927 PA 175, MCL 769.16b.
        (b) The person individual is 18 years of age or older or, if
 the seller is licensed under 18 USC 923, is 21 years of age or
 older.
        (c) The person individual is a citizen of the United States or
 an alien lawfully admitted into the United States and is a legal
 resident of this state. For the purposes of this section, a person
 an individual is considered a legal resident of this state if any
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 of the following apply:
       (i) The person individual has a valid, lawfully obtained
 Michigan driver license issued under the Michigan vehicle code,
 1949 PA 300, MCL 257.1 to 257.923, or an official state personal
 identification card issued under 1972 PA 222, MCL 28.291 to 28.300.
       (ii) The person individual is lawfully registered to vote in
 this state.
       (iii) The person individual is on active duty status with the
 United States armed forces Armed Forces and is stationed outside of
 this state, but the person's individual's home of record is in this
 state.
       (iv) The person individual is on active duty status with the
 United States armed forces Armed Forces and is permanently
 stationed in this state, but the person's individual's home of
 record is in another state.
       (d) A felony charge or a criminal charge listed in section 5b
 against the person individual is not pending at the time of
 application.
       (e) The person individual 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 individual has not been adjudged insane in this
 state or elsewhere unless he or she the individual has been
 adjudged restored to sanity by court order.
       (g) The person individual is not under an order of involuntary
 commitment in an inpatient or outpatient setting due to mental
 illness.
       (h) The person individual has not been adjudged legally
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 incapacitated in this state or elsewhere. This subdivision does not
 apply to a person an individual who has had his or her the
 individual's legal capacity restored by order of the court.
       (3) (4) Applications An applicant for licenses a license under
 this section shall be signed by the applicant sign the application
 under oath upon forms on a form provided by the director of the
 department of state police. Licenses A licensing authority shall
 issue a license to purchase , carry, possess, or transport pistols
 shall be executed in triplicate upon forms on a form provided by
 the director of the department of state police. and shall be signed
 by the The licensing authority shall sign any license issued under
 this section. Three The licensing authority shall deliver 3 copies
 of the license shall be delivered to the applicant. by the
 licensing authority. A license is void unless used within 30 days
 after the date it is issued.
       (4) (5) If an individual purchases or otherwise acquires a
 pistol, the seller shall fill out the license forms describing the
 pistol, together with the date of sale or acquisition, and sign his
 or her the seller's name in ink indicating that the pistol was sold
 to or otherwise acquired by the purchaser. The purchaser shall also
 sign his or her the purchaser's name in ink indicating the purchase
 or other acquisition of the pistol from the seller. The seller may
 retain a copy of the license as a record of the transaction. The
 purchaser shall receive 2 copies of the license. The purchaser
 shall return 1 copy of the license to the licensing authority
 within 10 days after the date the pistol is purchased or acquired.
 The return of the copy to the licensing authority may be made in
 person or may be made by first-class mail or certified mail sent
 within the 10-day period to the proper address of the licensing
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 authority. A purchaser who fails to comply with the requirements of
 this subsection is responsible for a state civil infraction and may
 be fined not more than $250.00. If a purchaser is found responsible
 for a state civil infraction under this subsection, the court shall
 notify the department of state police of that determination.
       (5) (6) Within 10 days after receiving the license copy
 returned under subsection (5), (4), the licensing authority shall
 electronically enter the information into the pistol entry database
 as required by the department of state police if it has the ability
 to electronically enter that information. If the licensing
 authority does not have that ability, the licensing authority shall
 provide that information to the department of state police in a
 manner otherwise required by the department of state police. Any
 licensing authority that provided pistol descriptions to the
 department of state police under former section 9 of this act shall
 continue to provide pistol descriptions to the department of state
 police under this subsection. Within 48 hours after entering or
 otherwise providing the information on the license copy returned
 under subsection (5) (4) to the department of state police, the
 licensing authority shall forward the copy of the license to the
 department of state police. The purchaser has the right to obtain a
 copy of the information placed in the pistol entry database under
 this subsection to verify the accuracy of that information. The
 licensing authority may charge a fee not to exceed $1.00 for the
 cost of providing the copy. The licensee may carry, use, possess,
 and transport the pistol for 30 days beginning on the date of
 purchase or acquisition only while he or she the licensee is in
 possession of his or her the licensee's copy of the license.
 However, the person licensee is not required to have the license in
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 his or her the licensee's possession while carrying, using,
 possessing, or transporting the pistol after this period.
       (6) (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.
       (7) (8) This section does not prevent the transfer of
 ownership of pistols to an heir or devisee, whether by testamentary
 bequest or by the laws of intestacy regardless of whether the
 pistol is registered with this state. An individual who has
 inherited a pistol shall obtain a license as required in this
 section within 30 days of after taking physical possession of the
 pistol. The license may be signed by a next of kin of the decedent
 or the person authorized to dispose of property under the estates
 and protected individuals code, 1998 PA 386, MCL 700.1101 to
 700.8206, including when the next of kin is the individual
 inheriting the pistol. If the heir or devisee is not qualified for
 a license under this section, the heir or devisee may direct the
 next of kin or person authorized to dispose of property under the
 estates and protected individuals code, 1998 PA 386, MCL 700.1101
 to 700.8206, to dispose of the pistol in any manner that is lawful
 and the heir or devisee considers appropriate. The person
 authorized to dispose of property under the estates and protected
 individuals code, 1998 PA 386, MCL 700.1101 to 700.8206, is not
 required to obtain a license under this section if he or she the
 person takes temporary lawful possession of the pistol in the
 process of disposing of the pistol pursuant to the decedent's
 testamentary bequest or the laws of intestacy. A law enforcement
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 agency may not seize or confiscate a pistol being transferred by
 testamentary bequest or the laws of intestacy unless the heir or
 devisee does not qualify for obtaining a license under this section
 and the next of kin or person authorized to dispose of property
 under the estates and protected individuals code, 1998 PA 386, MCL
 700.1101 to 700.8206, is unable to retain his or her temporary
 possession of the pistol or find alternative lawful storage. If a
 law enforcement agency seizes or confiscates a pistol under this
 subsection, the heir or devisee who is not qualified to obtain a
 license under this section retains ownership interest in the pistol
 and, within 30 days of after being notified of the seizure or
 confiscation, may file with a court of competent jurisdiction to
 direct the law enforcement agency to lawfully transfer or otherwise
 dispose of the pistol. A The seizing entity shall not destroy,
 sell, or use a pistol seized under this subsection shall not be
 destroyed, sold, or used while in possession of the seizing entity
 or its agents until 30 days have passed since the heir or devisee
 has been notified of the seizure and no legal action regarding the
 lawful possession or ownership of the seized pistol has been filed
 in any court and is pending. As used in this subsection:
       (a) "Devisee" means that term as defined in section 1103 of
 the estates and protected individuals code, 1998 PA 386, MCL
 700.1103.
       (b) "Heir" means that term as defined in section 1104 of the
 estates and protected individuals code, 1998 PA 386, MCL 700.1104.
       (8) (9) An individual who is not a resident of this state is
 not required to obtain a license under this section if all of the
 following conditions apply:
       (a) The individual is licensed in his or her the individual's
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 state of residence to purchase, carry, or transport a pistol.
       (b) The individual is in possession of the license described
 in subdivision (a).
       (c) The individual is the owner of the pistol he or she the
 individual possesses, carries, or transports.
       (d) The individual possesses the pistol for a lawful purpose.
       (e) The individual is in this state for a period of 180 days
 or less and does not intend to establish residency in this state.
       (9) (10) An individual who is a nonresident of this state
 shall present the license described in subsection (9)(a) (8)(a)
 upon the demand of a police officer. An individual who violates
 this subsection is guilty of a misdemeanor punishable by
 imprisonment for not more than 90 days or a fine of not more than
 $100.00, or both.
       (10) (11) The licensing authority may require a person an
 individual claiming active duty status with the United States armed
 forces Armed Forces to provide proof of 1 or both of the following:
       (a) The person's individual's home of record.
       (b) Permanent active duty assignment in this state.
       (11) (12) This section does not apply to a person an
 individual who is younger than the age required under subsection
 (3)(b) (2)(b) and who possesses a pistol if all of the following
 conditions apply:
       (a) The person individual is not otherwise prohibited from
 possessing that pistol.
       (b) The person individual is at a recognized target range.
       (c) The person individual possesses the pistol for the purpose
 of target practice or instruction in the safe use of a pistol.
       (d) The person individual is in the physical presence and
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 under the direct supervision of any of the following:
       (i) The person's individual's parent.
       (ii) The person's individual's guardian.
       (iii) An individual who is 21 years of age or older, who is
 authorized by the person's individual's parent or guardian, and who
 has successfully completed a pistol safety training course or class
 that meets the requirements of section 5j(1)(a), (b), or (d), and
 received a certificate of completion.
       (e) The owner of the pistol is physically present.
       (12) (13) This section does not apply to a person an
 individual who possesses a pistol if all of the following
 conditions apply:
       (a) The person individual is not otherwise prohibited from
 possessing a pistol.
       (b) The person individual is at a recognized target range or
 shooting facility.
       (c) The person individual possesses t