Bill Summary – FastDemocracy

HOUSE BILL NO. 4204
 March 07, 2023, Introduced by Reps. Tsernoglou, Wilson, Brabec, Scott, Rheingans, Hope,
   Byrnes, Hood, Price, Steckloff, Paiz, Grant, Tyrone Carter, Brixie, Arbit, O'Neal, Neeley,
   Young, Morse, Skaggs, Pohutsky, Farhat, Aiyash and Whitsett and referred to the Committee
   on Criminal Justice.
      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
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     and parts of acts inconsistent with this act,"
     by amending section 2 (MCL 28.422), as amended by 2015 PA 200.
                  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 An individual who brings a pistol into this state
 who is on leave from active duty with the armed forces Armed Forces
 of the United States or who has been discharged from active duty
 with the armed forces Armed Forces of the United States shall
 obtain a license for the pistol within 30 days after his or her
 arrival the individual arrives in this state.
       (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 a duly
 authorized deputy of the commissioner or chief of police, or the
 sheriff or his or her a duly authorized deputy of the sheriff, 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 commissioner, chief of
 police, or sheriff 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 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
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 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
 of the following apply:
        (i) The person individual has a valid, lawfully obtained
 Michigan driver license issued under the Michigan vehicle code,
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 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
 Armed Forces of the United States 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
 Armed Forces of the United States 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
 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.
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       (4) Applications An applicant shall sign an application for
 licenses a license under this section and 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.
       (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 must 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 purchaser may 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 authority. A purchaser who fails to comply with the
 requirements of this subsection is responsible for a state civil
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 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.
       (6) Within 10 days after receiving the license copy returned
 under subsection (5), the licensing authority shall electronically
 enter the information into the pistol entry database as required by
 the department of state police if it 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. Within 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 has the right to 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 he or she the licensee
 is in possession of his or her a copy of the license. However, the
 person licensee is not required to have the license in his or her
 the licensee's possession while carrying, using, possessing, or
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 transporting the pistol after this period.
       (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.
       (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 agency may not seize or confiscate a
 pistol being transferred by testamentary bequest or the laws of
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 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 or its agents 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.
       (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
 state of residence to purchase, carry, or transport a pistol.
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       (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.
       (10) An individual who is a nonresident of this state shall
 present the license described in subsection (9)(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.
       (11) The licensing authority may require a person an
 individual claiming active duty status with the Armed Forces of the
 United States 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.
       (12) This section does not apply to a person an individual who
 is younger than the age required under subsection (3)(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
 under the direct supervision of any of the following:
       (i) The person's individual's parent.
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       (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.
       (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 the pistol for the purpose
 of target practice or instruction in the safe use of a pistol.
       (d) The owner o