HOUSE BILL NO. 4715
June 08, 2023, Introduced by Reps. DeBoyer, Rigas, Hoadley, Maddock, Carra, Smit, Aragona,
Fox, Jaime Greene, BeGole, Cavitt, Bierlein, Beeler, Borton, DeSana, Posthumus, Friske,
Outman, Markkanen, Phil Green, Zorn, Prestin, Beson and Meerman and referred to the
Committee on Government Operations.
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,
28.422a, 28.425b, 28.425g, 28.425o, 28.432, and 28.435), sections
2, 2a, and 12 as amended by 2023 PA 19, section 5b as amended by
2023 PA 37, section 5g as amended by 2012 PA 123, section 5o as
amended by 2017 PA 95, and section 15 as amended by 2023 PA 17; and
to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 2. (1) Except as otherwise provided in this act, a person
2 shall not do either of the following:
3 (a) Purchase , carry, possess, or transport a pistol in this
4 state without first having obtained a license for the pistol as
5 prescribed in this section.
6 (b) Purchase a firearm that is not a pistol in this state
7 without first having obtained a license for the firearm as
8 prescribed in this section. This subdivision does not apply to the
9 purchase or acquisition of a firearm that occurred before the
10 effective date of the amendatory act that added this subdivision.
11 (2) An individual who brings a firearm into this state who is
12 on leave from active duty with the Armed Forces of the United
13 States or who has been discharged from active duty with the Armed
14 Forces of the United States shall obtain a license for the firearm
15 not later than 30 days after the individual arrives in this state.
16 (2) (3) The commissioner or chief of police of a city,
17 township, or village police department that issues licenses to
18 purchase , carry, possess, or transport firearms, or the
19 commissioner's or chief's duly authorized deputy, or the sheriff or
20 the sheriff's duly authorized deputy, in the parts of a county not
21 included in a city, township, or village having an organized police
22 department, in discharging the duty to issue licenses shall with
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1 due speed and diligence issue licenses to purchase , carry,
2 possess, or transport firearms to qualified applicants unless the
3 individual has probable cause to believe that the applicant would
4 be a threat to the applicant or to other individuals, or would
5 commit an offense with the firearm that would violate a law of this
6 or another state or of the United States. An applicant is qualified
7 if all of the following circumstances exist:
8 (a) The individual is not subject to an order or disposition
9 for which the individual has received notice and an opportunity for
10 a hearing, and which was entered into the law enforcement
11 information network under any of the following:
12 (i) Section 464a of the mental health code, 1974 PA 258, MCL
13 330.1464a.
14 (ii) Section 5107 of the estates and protected individuals
15 code, 1998 PA 386, MCL 700.5107, or section 444a of former 1978 PA
16 642.
17 (iii) Section 2950 of the revised judicature act of 1961, 1961
18 PA 236, MCL 600.2950.
19 (iv) Section 2950a of the revised judicature act of 1961, 1961
20 PA 236, MCL 600.2950a.
21 (v) Section 14 of 1846 RS 84, MCL 552.14.
22 (vi) Section 6b of chapter V of the code of criminal procedure,
23 1927 PA 175, MCL 765.6b, if the order has a condition imposed under
24 section 6b(3) of chapter V of the code of criminal procedure, 1927
25 PA 175, MCL 765.6b.
26 (vii) Section 16b of chapter IX of the code of criminal
27 procedure, 1927 PA 175, MCL 769.16b.
28 (b) The individual is 18 years of age or older or, if the
29 firearm is a pistol and the seller is licensed under 18 USC 923, is
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1 21 years of age or older.
2 (c) The individual is a citizen of the United States or an
3 alien lawfully admitted into the United States and is a legal
4 resident of this state. For the purposes of this section, an
5 individual is considered a legal resident of this state if any of
6 the following apply:
7 (i) The individual has a valid, lawfully obtained Michigan
8 driver license issued under the Michigan vehicle code, 1949 PA 300,
9 MCL 257.1 to 257.923, or an official state personal identification
10 card issued under 1972 PA 222, MCL 28.291 to 28.300.
11 (ii) The individual is lawfully registered to vote in this
12 state.
13 (iii) The individual is on active duty status with the Armed
14 Forces of the United States and is stationed outside of this state,
15 but the individual's home of record is in this state.
16 (iv) The individual is on active duty status with the Armed
17 Forces of the United States and is permanently stationed in this
18 state, but the individual's home of record is in another state.
19 (d) A felony charge or a criminal charge listed in section 5b
20 against the individual is not pending at the time of application.
21 (e) The individual is not prohibited from possessing, using,
22 transporting, selling, purchasing, carrying, shipping, receiving,
23 or distributing a firearm under section 224f of the Michigan penal
24 code, 1931 PA 328, MCL 750.224f.
25 (f) The individual has not been adjudged insane in this state
26 or elsewhere unless the individual has been adjudged restored to
27 sanity by court order.
28 (g) The individual is not under an order of involuntary
29 commitment in an inpatient or outpatient setting due to mental
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1 illness.
2 (h) The individual has not been adjudged legally incapacitated
3 in this state or elsewhere. This subdivision does not apply to an
4 individual who has had the individual's legal capacity restored by
5 order of the court.
6 (3) (4) An applicant for a license under this section shall
7 sign the application under oath on a form provided by the director
8 of the department of state police. A licensing authority shall
9 issue a license to purchase , carry, possess, or transport firearms
10 in triplicate on a form provided by the director of the department
11 of state police. The licensing authority shall sign any license
12 issued under this section. The licensing authority shall deliver 3
13 copies of the license to the applicant. A license is void unless
14 used within 30 days after the date it is issued.
15 (4) (5) If an individual purchases or otherwise acquires a
16 firearm, the seller shall fill out the license forms describing the
17 firearm, together with the date of sale or acquisition, and sign
18 the seller's name in ink indicating that the firearm was sold to or
19 otherwise acquired by the purchaser. The purchaser shall also sign
20 the purchaser's name in ink indicating the purchase or other
21 acquisition of the firearm from the seller. The seller may retain a
22 copy of the license as a record of the transaction, shall provide a
23 copy of the license to the purchaser, and, if the firearm is a
24 pistol, shall return 1 copy of the license to the licensing
25 authority not later than 10 days after the date the pistol is
26 purchased or acquired. The seller shall return the copy to the
27 licensing authority in person or by first-class mail or certified
28 mail sent in the 10-day period to the proper address of the
29 licensing authority. A seller who fails to comply with the
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1 requirements of this subsection is responsible for a state civil
2 infraction and may be fined not more than $250.00. If a seller is
3 found responsible for a state civil infraction under this
4 subsection, the court shall notify the department of state police
5 of that determination.
6 (5) (6) Not later than 10 days after receiving the license
7 copy for a pistol returned under subsection (5), (4), the licensing
8 authority shall electronically enter the information into the
9 pistol entry database as required by the department of state police
10 if the licensing authority has the ability to electronically enter
11 that information. If the licensing authority does not have that
12 ability, the licensing authority shall provide that information to
13 the department of state police in a manner otherwise required by
14 the department of state police. Any licensing authority that
15 provided pistol descriptions to the department of state police
16 under former section 9 of this act shall continue to provide pistol
17 descriptions to the department of state police under this
18 subsection. Not later than 48 hours after entering or otherwise
19 providing the information on the license copy returned under
20 subsection (5) (4) to the department of state police, the licensing
21 authority shall forward the copy of the license to the department
22 of state police. The purchaser may obtain a copy of the information
23 placed in the pistol entry database under this subsection to verify
24 the accuracy of that information. The licensing authority may
25 charge a fee not to exceed $1.00 for the cost of providing the
26 copy. The licensee may carry, use, possess, and transport the
27 pistol for 30 days beginning on the date of purchase or acquisition
28 only while the licensee is in possession of a copy of the license.
29 However, the licensee is not required to have the license in the
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1 licensee's possession while carrying, using, possessing, or
2 transporting the pistol after this period.
3 (6) (7) This section does not apply to the purchase of
4 firearms from wholesalers by dealers regularly engaged in the
5 business of selling firearms at retail, or to the sale, barter, or
6 exchange of firearms kept as relics or curios not made for modern
7 ammunition or permanently deactivated.
8 (7) (8) This section does not prevent the transfer of
9 ownership of pistols to an heir or devisee, whether by testamentary
10 bequest or by the laws of intestacy regardless of whether the
11 pistol is entered into the pistol entry database. An individual who
12 has inherited a firearm shall obtain a license as required in this
13 section not later than 30 days after taking physical possession of
14 the firearm. The license may be signed by a next of kin of the
15 decedent or the person authorized to dispose of property under the
16 estates and protected individuals code, 1998 PA 386, MCL 700.1101
17 to 700.8206, including when the next of kin is the individual
18 inheriting the firearm. If the heir or devisee is not qualified for
19 a license under this section, the heir or devisee may direct the
20 next of kin or person authorized to dispose of property under the
21 estates and protected individuals code, 1998 PA 386, MCL 700.1101
22 to 700.8206, to dispose of the firearm in any manner that is lawful
23 and the heir or devisee considers appropriate. The person
24 authorized to dispose of property under the estates and protected
25 individuals code, 1998 PA 386, MCL 700.1101 to 700.8206, is not
26 required to obtain a license under this section if the person takes
27 temporary lawful possession of the firearm in the process of
28 disposing of the firearm pursuant to the decedent's testamentary
29 bequest or the laws of intestacy. A law enforcement agency may not
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1 seize or confiscate a firearm being transferred by testamentary
2 bequest or the laws of intestacy unless the heir or devisee does
3 not qualify for obtaining a license under this section and the next
4 of kin or person authorized to dispose of property under the
5 estates and protected individuals code, 1998 PA 386, MCL 700.1101
6 to 700.8206, is unable to retain temporary possession of the
7 firearm or find alternative lawful storage. If a law enforcement
8 agency seizes or confiscates a firearm under this subsection, the
9 heir or devisee who is not qualified to obtain a license under this
10 section retains ownership interest in the firearm and, not later
11 than 30 days after being notified of the seizure or confiscation,
12 may file with a court of competent jurisdiction to direct the law
13 enforcement agency to lawfully transfer or otherwise dispose of the
14 firearm. The seizing entity or its agents shall not destroy, sell,
15 or use a firearm seized under this subsection until 30 days have
16 passed since the heir or devisee has been notified of the seizure
17 and no legal action regarding the lawful possession or ownership of
18 the seized firearm has been filed in any court and is pending. As
19 used in this subsection:
20 (a) "Devisee" means that term as defined in section 1103 of
21 the estates and protected individuals code, 1998 PA 386, MCL
22 700.1103.
23 (b) "Heir" means that term as defined in section 1104 of the
24 estates and protected individuals code, 1998 PA 386, MCL 700.1104.
25 (8) (9) An individual who is not a resident of this state is
26 not required to obtain a license under this section if all of the
27 following conditions apply:
28 (a) The individual is licensed in the individual's state of
29 residence to purchase, carry, or transport a pistol.
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1 (b) The individual is in possession of the license described
2 in subdivision (a).
3 (c) The individual is the owner of the pistol the individual
4 possesses, carries, or transports.
5 (d) The individual possesses the pistol for a lawful purpose.
6 (e) The individual is in this state for a period of 180 days
7 or less and does not intend to establish residency in this state.
8 (9) (10) An individual who is a nonresident of this state
9 shall present the license described in subsection (9)(a) (8)(a)
10 upon the demand of a police officer. An individual who violates
11 this subsection is guilty of a misdemeanor punishable by
12 imprisonment for not more than 90 days or a fine of not more than
13 $100.00, or both.
14 (10) (11) The licensing authority may require an individual
15 claiming active duty status with the Armed Forces of the United
16 States to provide proof of 1 or both of the following:
17 (a) The individual's home of record.
18 (b) Permanent active duty assignment in this state.
19 (11) (12) This section does not apply to an individual who is
20 younger than the age required under subsection (3)(b) (2)(b) and
21 who possesses a pistol if 1 of the following conditions applies:
22 (a) The individual is not otherwise prohibited from possessing
23 that pistol and all of the following apply:
24 (i) The individual is at a recognized target range.
25 (ii) The individual possesses the pistol for the purpose of
26 target practice or instruction in the safe use of a pistol.
27 (iii) The individual is in the physical presence and under the
28 direct supervision of any of the following:
29 (A) The individual's parent.
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1 (B) The individual's guardian.
2 (C) An individual who is 21 years of age or older, who is
3 authorized by the individual's parent or guardian, and who has
4 successfully completed a pistol safety training course or class
5 that meets the requirements of section 5j(1)(a), (b), or (d), and
6 received a certificate of completion.
7 (iv) The owner of the pistol is physically present.
8 (b) The individual is not otherwise prohibited from possessing
9 that pistol, the individual possesses the pistol for the purpose of
10 hunting, and the individual is in compliance with all applicable
11 hunting laws.
12 (12) (13) This section does not apply to an individual who
13 possesses a pistol if all of the following conditions apply:
14 (a) The individual is not otherwise prohibited from possessing
15 a pistol.
16