Bill Summary – FastDemocracy

SB-1086, As Passed Senate, December 13, 2024
                                    SUBSTITUTE FOR
                                SENATE BILL NO. 1086
       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,"
by amending sections 1 and 2 (MCL 28.421 and 28.422), section 1 as
amended by 2023 PA 19 and section 2 as amended by 2023 PA 37, and
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     by adding section 12c.
                  THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
       Sec. 1. (1) As used in this act:
       (a) "Corrections officer of the department of corrections"
 means a state correctional officer as that term is defined in
 section 2 of the correctional officers' training act of 1982, 1982
 PA 415, MCL 791.502.
       (b) "Felony" means, except as otherwise provided in this
 subdivision, that term as defined in section 1 of chapter I of the
 code of criminal procedure, 1927 PA 175, MCL 761.1, or a violation
 of a law of the United States or another state that is designated
 as a felony or that is punishable by death or by imprisonment for
 more than 1 year. Felony does not include a violation of a penal
 law of this state that is expressly designated as a misdemeanor.
       (c) "Firearm" means any weapon which will, is designed to, or
 may readily be converted to expel a projectile by action of an
 explosive.
       (d) "Firearms records" means any form, information, or record
 required for submission to a government agency under sections 2,
 2a, 2b, and 5b, and 12c, or any form, permit, or license issued by
 a government agency under this act.
       (e) "Local corrections officer" means that term as defined in
 section 2 of the local corrections officers training act, 2003 PA
 125, MCL 791.532.
       (f) "Misdemeanor" means a violation of a penal law of this
 state or violation of a local ordinance substantially corresponding
 to a violation of a penal law of this state that is not a felony or
 a violation of an order, rule, or regulation of a state agency that
 is punishable by imprisonment or a fine that is not a civil fine,
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 or both.
       (g) "Parole or probation officer of the department of
 corrections" means any individual employed by the department of
 corrections to supervise felony probationers or parolees or that
 individual's immediate supervisor.
       (h) "Peace officer" means, except as otherwise provided in
 this act, an individual who is employed as a law enforcement
 officer, as that term is defined under section 2 of the Michigan
 commission on law enforcement standards act, 1965 PA 203, MCL
 28.602, by this state or another state, a political subdivision of
 this state or another state, or the United States, and who is
 required to carry a firearm in the course of the individual's
 duties as a law enforcement officer.
       (i) "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.
       (j) "Purchaser" means a person who receives a firearm from
 another person by purchase or gift.
       (k) "Reserve peace officer", "auxiliary officer", or "reserve
 officer" means, except as otherwise provided in this act, an
 individual authorized on a voluntary or irregular basis by a duly
 authorized police agency of this state or a political subdivision
 of this state to act as a law enforcement officer, who is
 responsible for the preservation of the peace, the prevention and
 detection of crime, and the enforcement of the general criminal
 laws of this state, and who is otherwise eligible to possess a
 firearm under this act.
       (l) "Retired corrections officer of the department of
 corrections" means an individual who was a corrections officer of
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 the department of corrections and who retired in good standing from
 the individual's employment as a corrections officer of the
 department of corrections.
       (m) "Retired federal law enforcement officer" means an
 individual who was an officer or agent employed by a law
 enforcement agency of the United States government whose primary
 responsibility was enforcing laws of the United States, who was
 required to carry a firearm in the course of the individual's
 duties as a law enforcement officer, and who retired in good
 standing from the individual's employment as a federal law
 enforcement officer.
       (n) "Retired parole or probation officer of the department of
 corrections" means an individual who was a parole or probation
 officer of the department of corrections and who retired in good
 standing from the individual's employment as a parole or probation
 officer of the department of corrections.
       (o) "Retired police officer" or "retired law enforcement
 officer" means an individual who was a police officer or law
 enforcement officer who was licensed or certified as described in
 the Michigan commission on law enforcement standards act, 1965 PA
 203, MCL 28.601 to 28.615, and retired in good standing from the
 individual's employment as a police officer or law enforcement
 officer. A police officer or law enforcement officer retired in
 good standing if the individual receives a pension or other
 retirement benefit for the individual's service as a police officer
 or law enforcement officer or actively maintained a Michigan
 commission on law enforcement standards or equivalent state
 certification or license from this state or another state for not
 less than 10 consecutive years.
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       (p) "Seller" means a person who sells or gives a firearm to
 another person.
       (q) "State court judge" means a judge of the district court,
 circuit court, probate court, or court of appeals or justice of the
 supreme court of this state who is serving either by election or
 appointment.
       (r) "State court retired judge" means a judge or justice
 described in subdivision (q) who is retired, or a retired judge of
 the recorders court.
       (2) A person may lawfully own, possess, carry, or transport as
 a pistol a firearm greater than 26 inches in length if all of the
 following conditions apply:
       (a) The person registered the firearm as a pistol under
 section 2 or 2a before January 1, 2013.
       (b) The person who registered the firearm as described in
 subdivision (a) has maintained registration of the firearm since
 January 1, 2013 without lapse.
       (c) The person possesses a copy of the license or record
 issued to the person under section 2 or 2a.
       (3) A person who satisfies all of the conditions listed under
 subsection (2) nevertheless may elect to have the firearm not be
 considered to be a pistol. A person who makes the election under
 this subsection shall notify the department of state police of the
 election in a manner prescribed by that department.
       Sec. 2. (1) Except as otherwise provided in this act, a person
 shall not do either of the following:
       (a) Purchase, carry, possess, or transport a pistol in this
 state without first having obtained a license for the pistol as
 prescribed in this section.
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       (b) Purchase a firearm that is not a pistol in this state
 without first having obtained a license for the firearm as
 prescribed in this section. This subdivision does not apply to the
 purchase or acquisition of a firearm that occurred before the
 effective date of the amendatory act that added this
 subdivision.February 13, 2024.
       (2) An individual who brings a firearm 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 firearm
 not later than 30 days after the individual arrives in this state.
       (3) The commissioner or chief of police of a city, township,
 or village police department who issues licenses to purchase,
 carry, possess, or transport firearms, or the commissioner's or
 chief's duly authorized deputy, or the sheriff or the sheriff's
 duly authorized deputy, in the parts of a county not included in 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
 firearms to qualified applicants unless the individual has probable
 cause to believe that the applicant would be a threat to the
 applicant or to other individuals, or would commit an offense with
 the firearm that would violate a law of this or another state or of
 the United States. An applicant is qualified if all of the
 following circumstances exist:
       (a) The individual is not subject to an order or disposition
 for which the individual has received notice and an opportunity for
 a hearing, and that was entered into the law enforcement
 information network under any of the following:
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        (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.
        (viii) The extreme risk protection order act.
        (b) The individual is 18 years of age or older or, if the
 firearm is a pistol and the seller is licensed under 18 USC 923, is
 21 years of age or older.
        (c) The 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, an
 individual is considered a legal resident of this state if any of
 the following apply:
        (i) The 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.
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       (ii) The individual is lawfully registered to vote in this
 state.
       (iii) The individual is on active duty status with the Armed
 Forces of the United States and is stationed outside of this state,
 but the individual's home of record is in this state.
       (iv) The individual is on active duty status with the Armed
 Forces of the United States and is permanently stationed in this
 state, but the individual's home of record is in another state.
       (d) A felony charge or a criminal charge listed in section 5b
 against the individual is not pending at the time of application.
       (e) The 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 individual has not been adjudged insane in this state
 or elsewhere unless the individual has been adjudged restored to
 sanity by court order.
       (g) The individual is not under an order of involuntary
 commitment in an inpatient or outpatient setting due to mental
 illness.
       (h) The individual has not been adjudged legally incapacitated
 in this state or elsewhere. This subdivision does not apply to an
 individual who has had the individual's legal capacity restored by
 order of the court.
       (i) The individual's name is not on the temporary do-not-sell
 list or the indefinite do-not-sell list created under section 12c.
       (4) An applicant for a license under this section shall sign
 the application under oath on a form provided by the director of
 the department of state police. A licensing authority shall issue a
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 license to purchase, carry, possess, or transport firearms in
 triplicate on a form provided by the director of the department of
 state police. The licensing authority shall sign any license issued
 under this section. The licensing authority shall deliver 3 copies
 of the license to the applicant. A license is void unless used
 within 30 days after the date it is issued.
       (5) If an individual purchases or otherwise acquires a
 firearm, the seller shall fill out the license forms describing the
 firearm, together with the date of sale or acquisition, and sign
 the seller's name in ink indicating that the firearm was sold to or
 otherwise acquired by the purchaser. The purchaser shall also sign
 the purchaser's name in ink indicating the purchase or other
 acquisition of the firearm from the seller. The seller may retain a
 copy of the license as a record of the transaction, shall provide a
 copy of the license to the purchaser, and, if the firearm is a
 pistol, shall return 1 copy of the license to the licensing
 authority not later than 10 days after the date the pistol is
 purchased or acquired. The seller shall return the copy to the
 licensing authority in person or by first-class mail or certified
 mail sent in the 10-day period to the proper address of the
 licensing authority. A seller 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 seller is
 found responsible for a state civil infraction under this
 subsection, the court shall notify the department of state police
 of that determination.
       (6) Not later than 10 days after receiving the license copy
 for a pistol returned under subsection (5), the licensing authority
 shall electronically enter the information into the pistol entry
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 database as required by the department of state police if the
 licensing authority 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. Not later
 than 48 hours after entering or otherwise providing the information
 on the license copy returned under subsection (5) to the department
 of state police, the licensing authority shall forward the copy of
 the license to the department of state police. The purchaser may
 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 the licensee is in
 possession of a copy of the license. However, the licensee is not
 required to have the license in the licensee's