August 16, 2017, Introduced by Reps. Cole, Tedder, Miller, Hoitenga, Hornberger, Alexander, Noble, Howrylak, Lower, Lucido, Dianda, LaFave, Phelps, Chatfield and Chirkun 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 sections 1, 12, and 15 (MCL 28.421, 28.432, and
28.435), section 1 as amended by 2016 PA 301, section 12 as amended
by 2010 PA 209, and section 15 as added by 2000 PA 265.
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, 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,
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 his or her duties as a
law enforcement officer.
(i) "Person" means an individual, trust, partnership,
corporation, association, or other legal entity.
(j)
(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.
(k) (j)
"Purchaser" means a
person who that receives a pistol
from another person by purchase or gift.
(l) (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.
(m) (l) "Retired
corrections officer of the department of
corrections" means an individual who was a corrections officer of
the department of corrections and who retired in good standing from
his or her employment as a corrections officer of the department of
corrections.
(n) (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 his or her duties as a
law enforcement officer, and who retired in good standing from his
or her employment as a federal law enforcement officer.
(o) (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 his or her employment as a parole or probation
officer of the department of corrections.
(p) (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 his or
her employment as a police officer or law enforcement officer. A
police officer or law enforcement officer retired in good standing
if he or she receives a pension or other retirement benefit for his
or her 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 for not less
than 10 consecutive years.
(q) (p)
"Seller" means a person who
that sells or gives a
pistol to another person.
(r) (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.
(s) (r)
"State court retired
judge" means a judge or justice
described
in subdivision (q) (r) 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 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.
Sec. 12. (1) Section 2 does not apply to any of the following:
(a) A police or correctional agency of the United States or of
this state or any subdivision of this state.
(b)
The United States army, air force, navy, or marine
corps.Army, Air Force, Navy, or Marine Corps.
(c) An organization authorized by law to purchase or receive
weapons from the United States or from this state.
(d)
The national guard, armed forces reserves, National Guard,
Armed Forces Reserves, or other duly authorized military
organization.
(e) A member of an entity or organization described in
subdivisions
(a) through to (d) for a pistol while engaged in the
course of his or her duties with that entity or while going to or
returning from those duties.
(f) A United States citizen holding a license to carry a
pistol concealed upon his or her person issued by another state.
(g) The regular and ordinary possession and transportation of
a pistol as merchandise by an authorized agent of a person licensed
to manufacture firearms or a licensed dealer.
(h) Purchasing, owning, carrying, possessing, using, or
transporting an antique firearm. As used in this subdivision,
"antique firearm" means that term as defined in section 231a of the
Michigan penal code, 1931 PA 328, MCL 750.231a.
(i) When present in a domicile of a person licensed to possess
or carry a pistol, a spouse, family member, or guest of that
person.
(j) A person that is or has previously been approved,
permitted, or licensed in this state to purchase, carry, possess,
or transport a pistol.
(k)
(i) An individual carrying, possessing, using, or
transporting a pistol belonging to another individual, if the other
individual's
possession of the pistol is authorized not prohibited
by law and the individual carrying, possessing, using, or
transporting the pistol has obtained a license under section 5b to
carry a concealed pistol or is exempt from licensure as provided in
section 12a.
(2) The amendatory act that added subsection (1)(h) shall be
known and may be cited as the "Janet Kukuk act".
Sec. 15. (1) Except as provided in subsection (2), a federally
licensed firearms dealer shall not sell a firearm in this state
unless the sale includes 1 of the following:
(a) A commercially available trigger lock or other device
designed to disable the firearm and prevent the discharge of the
firearm.
(b) A commercially available gun case or storage container
that can be secured to prevent unauthorized access to the firearm.
(2) This section does not apply to any of the following:
(a) The sale of a firearm to a police officer or a police
agency.
(b) The sale of a firearm to a person who presents to the
federally licensed firearms dealer 1 of the following:
(i) A trigger lock or other device designed to disable the
firearm and prevent the discharge of the firearm together with a
copy of the purchase receipt for the federally licensed firearms
dealer to keep. A separate trigger lock or device and a separate
purchase
receipt shall be is required for each firearm purchased.
(ii) A gun case or storage container that can be secured to
prevent unauthorized access to the firearm together with a copy of
the purchase receipt for the federally licensed firearms dealer to
keep. A separate gun case or storage container and a separate
purchase
receipt shall be is required for each firearm purchased.
(c) The sale of an antique firearm. As used in this
subdivision, "antique firearm" means that term as defined in
section 231a of the Michigan penal code, 1931 PA 328, MCL 750.231a.
(d) The sale or transfer of a firearm if the seller is not a
federally licensed firearms dealer.
(3) A federally licensed firearms dealer shall not sell a
firearm in this state unless the firearm is accompanied with, free
of charge, a brochure or pamphlet that includes safety information
on the use and storage of the firearm in a home environment.
(4) Upon the sale of a firearm, a federally licensed firearms
dealer shall sign a statement and require the purchaser to sign a
statement stating that the sale is in compliance with subsections
(1), (2), and (3).
(5) A federally licensed firearms dealer shall retain a copy
of the signed statements prescribed in subsection (4) and, if
applicable, a copy of the receipt prescribed in subsection (2)(b),
for at least 6 years.
(6) A federally licensed firearms dealer in this state shall
post in a conspicuous manner at the entrances, exits, and all
points of sale on the premises where firearms are sold a notice
that says the following: "You may be criminally and civilly liable
for any harm caused by a person less than 18 years of age who
lawfully gains unsupervised access to your firearm if unlawfully
stored.".
(7) A federally licensed firearms dealer is not liable for
damages arising from the use or misuse of a firearm if the sale
complies with this section, any other applicable law of this state,
and applicable federal law.
(8) This section does not create a civil action or liability
for damages arising from the use or misuse of a firearm or
ammunition for a person, other than a federally licensed firearms
dealer, who produces a firearm or ammunition.
(9) Subject to subsections (10) to (12), a political
subdivision
shall not bring a civil action against any person who
that produces a firearm or ammunition. The authority to bring a
civil action under this section is reserved exclusively to the
state and can be brought only by the attorney general. The court
shall award costs and reasonable attorney fees to each defendant
named in a civil action filed in violation of this subsection.
(10) Subject to subsection (11), subsection (9) does not
prohibit a civil action by a political subdivision based on 1 or
more of the following, which the court shall narrowly construe:
(a) A breach of contract, other contract issue, or an action
based on a provision of the uniform commercial code, 1962 PA 174,
MCL
440.1101 to 440.11102, 440.9994,
in which the political
subdivision is the purchaser and owner of the firearm or
ammunition.
(b) Expressed or implied warranties arising from the purchase
of a firearm or ammunition by the political subdivision or the use
of a firearm or ammunition by an employee or agent of the political
subdivision.
(c) A product liability, personal injury, or wrongful death
action when an employee or agent or property of the political
subdivision has been injured or damaged as a result of a defect in
the design or manufacture of the firearm or ammunition purchased
and owned by the political subdivision.
(11) Subsection (10) does not allow an action based on any of
the following:
(a) A firearm's or ammunition's inherent potential to cause
injury, damage, or death.
(b) Failure to warn the purchaser, transferee, or user of the
firearm's or ammunition's inherent potential to cause injury,
damage, or death.
(c) Failure to sell with or incorporate into the product a
device or mechanism to prevent a firearm or ammunition from being
discharged by an unauthorized person unless specifically provided
for by contract.
(12) Subsections (9) through (11) do not create a civil
action.
(13) Subsections (9) through (11) are intended only to clarify
the current status of the law in this state, are remedial in
nature, and, therefore, apply to a civil action pending on the
effective date of this act.
(14) Beginning September 1, 2000, a person who violates this
section is guilty of a crime as follows:
(a) Except as provided in subdivision (b) or (c), the person
is guilty of a misdemeanor punishable by imprisonment for not more
than 93 days or a fine of not more than $500.00, or both.
(b) For a second conviction, the person is guilty of a
misdemeanor punishable by imprisonment for not more than 1 year or
a fine of not more than $1,000.00, or both.
(c) For a third or subsequent conviction, the person is guilty
of a felony punishable by imprisonment for not more than 2 years or
a fine of not more than $5,000.00, or both.
(15) As used in this section:
(a) "Federally licensed firearms dealer" means a person
licensed
under section 923 of title 18 of the United States Code,
18
U.S.C. USC 923.
(b) "Firearm or ammunition" includes a component of a firearm
or ammunition.
(c) "Person" means an individual, trust, partnership,
corporation, association, or other legal entity.
(d) "Political subdivision" means a county, city, village,
township, charter township, school district, community college, or
public university or college.
(e) "Produce" means to manufacture, construct, design,
formulate, develop standards for, prepare, process, assemble,
inspect, test, list, certify, give a warning or instructions
regarding, market, sell, advertise, package, label, distribute, or
transfer.