HB-4535, As Passed Senate, January 21, 2016

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4535

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 2a (MCL 28.422a), as amended by 2015 PA 3.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 2a. (1) The following individuals are not required to

obtain a license under section 2 to purchase, carry, possess, use,

or transport a pistol:

(a) An individual licensed under section 5b, except for an

individual who has an emergency license issued under section 5a(4)

or a receipt serving as a concealed pistol license under section

5b(9) or 5l(3).

(b) A federally licensed firearms dealer.

licensed firearms dealer in compliance with 18 USC 922(t).

(d) An individual currently employed as a police officer,

certified under the commission on law enforcement standards act,

1965 PA 203, MCL 28.601 to 28.616.

(2) If an individual described in subsection (1) purchases or

otherwise acquires a pistol, the seller shall complete a record in

triplicate on a form provided by the department of state police.

The record shall include the purchaser's concealed weapon license

number, the number of the purchaser's certificate issued under the

commission on law enforcement standards act, 1965 PA 203, MCL

28.601 to 28.616, or, if the purchaser is a federally licensed

firearms dealer, his or her dealer license number. If the purchaser

is not licensed under section 5b or does not have a certificate

issued under the commission on law enforcement standards act, 1965

PA 203, MCL 28.601 to 28.616, and is not a federally licensed

firearms dealer, the record shall include the dealer license number

of the federally licensed firearms dealer who is selling the

pistol. The purchaser shall sign the record. The seller may retain

1 copy of the record. The purchaser shall receive 2 copies of the

record and forward 1 copy to the police department of the city,

village, or township in which the purchaser resides, or, if the

purchaser does not reside in a city, village, or township having a

police department, to the county sheriff, within 10 days following

the purchase or acquisition. The return of the copy to the police

department or county sheriff 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 police department or county sheriff. 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. If the purchaser is licensed

under section 5b, the court shall notify the licensing authority of

that determination.

(3) Within 10 days after receiving the record copy returned

under subsection (2), the police department or county sheriff 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 police department

or county sheriff does not have that ability, the police department

or county sheriff shall provide that information to the department

of state police in a manner otherwise required by the department of

state police. Any police department or county sheriff 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

record copy returned under subsection (2) to the department of

state police, the police department or county sheriff shall forward

the copy of the record 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 police department or county

sheriff may charge a fee not to exceed $1.00 for the cost of

providing the copy. The purchaser may carry, use, possess, and

transport the pistol for 30 days beginning on the date of purchase

or acquisition only while he or she is in possession of his or her

copy of the record. However, the person is not required to have the

record in his or her possession while carrying, using, possessing,

or transporting the pistol after this period.

(4) This section does not apply to a person or entity exempt

under section 2(7).

(5) An individual who makes a material false statement on a

sales record under this section is guilty of a felony punishable by

imprisonment for not more than 4 years or a fine of not more than

$2,500.00, or both.

(6) The department of state police may promulgate rules to

implement this section.

(7) The Michigan commission on law enforcement standards shall

provide certificate information to the department of state police

to verify the requirements of this section.

(8) ~~(7)~~ As used in this section:

(a) Before December 18, 2012, "federally licensed firearms

dealer" means an individual who holds a type 01 dealer license

under 18 USC 923.

(b) Beginning December 18, 2012, "federally licensed firearms