HB-5325, As Passed House, March 13, 2014

HOUSE BILL No. 5325

February 13, 2014, Introduced by Reps. Crawford, Nesbitt, McBroom, Rendon, Jenkins, Pettalia, Cotter, LaVoy, MacGregor, Lauwers, Heise, Schmidt, Dianda and Kivela and referred to the Committee on Judiciary.

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 section 1 (MCL 28.421), as amended by 2012 PA 243.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. (1) As used in this act:

(a) "Felony" means 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

House Bill No. 5325 as amended March 12, 2014

state that is designated as a felony or that is punishable by death

or by imprisonment for more than 1 year.

(b) "Firearm" means a weapon from which a dangerous projectile

may be propelled by an explosive, or by gas or air. Firearm does

not include a smooth bore rifle or handgun designed and

manufactured exclusively for propelling by a spring, or by gas or

air, BBs not exceeding .177 caliber.

required for submission to a government agency under sections [2,] 2a,

2b, and 5b, or any form, permit, or license issued by a government

agency under this act.

(d) ~~(c)~~ "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,

or both.

(e) ~~(d)~~ "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 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 his or her duties as a law enforcement

officer.

(f) ~~(e)~~ "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.

(g) ~~(f)~~ "Purchaser" means a person who receives a pistol from

another person by purchase or gift.

(h) ~~(g)~~ "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.

(i) ~~(h)~~ "Retired police officer" or "retired law enforcement

officer" means an individual who was a police officer or law

enforcement officer who was certified as described under section 9a

of the commission on the law enforcement standards act, 1965 PA

203, MCL 28.609a, and retired in good standing from his or her

employment as a police officer or law enforcement officer.

(j) ~~(i)~~ "Seller" means a person who sells or gives a pistol to

another person.

(k) ~~(j)~~ "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.

(l) ~~(k)~~ "State court retired judge" means a judge or justice

described in subdivision ~~(j)~~ (k) 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.

issued to him or her 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.

Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 97th Legislature are

enacted into law:

(a) House Bill No. 4155.

(b) Senate Bill No. ____ or House Bill No. 5327 (request no.

04851'14).

04852'14).

(d) Senate Bill No. ____ or House Bill No. 5328 (request no.

04853'14).

(e) Senate Bill No. ____ or House Bill No. 5326 (request no.

04854'14).