June 6, 2018, Introduced by Senator JONES and referred to the Committee on Government Operations.
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, 2, and 2a (MCL 28.421, 28.422, and
28.422a), section 1 as amended by 2017 PA 95, section 2 as amended
by 2015 PA 200, and section 2a as amended by 2016 PA 301.
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) "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 an individual or federally
licensed
firearms dealer that receives a pistol
from another person
individual or federally licensed firearms dealer 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
the department of corrections and who retired in good standing from
his or her 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 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.
(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.
(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 from this
state or another state for not less than 10 consecutive years.
(p)
"Seller" means a person who an individual or federally
licensed
firearms dealer that sells or gives transfers a pistol to
another
person.individual or
federally licensed firearms dealer.
(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 An individual 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 individual registered the firearm as a pistol
under section 2 or 2a before January 1, 2013.
(b)
The person individual who registered the firearm as
described in subdivision (a) has maintained registration of the
firearm since January 1, 2013 without lapse.
(c)
The person individual possesses a copy of the license or
record issued to him or her under section 2 or 2a.
(3)
A person An individual 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 An individual
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
an individual 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 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 duly authorized
deputy,
or the sheriff or his or her duly authorized deputy, 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 To obtain a license
to purchase, carry, possess, or
transport a pistol in this state, an individual shall submit an
application to the city, township, or village police department or
county sheriff's department having jurisdiction over the
applicant's residence. The city, township, or village police
department or county sheriff's office shall with due speed and
diligence issue licenses to purchase, carry, possess, or transport
pistols to qualified applicants unless he or she has probable cause
to believe that the applicant would be a threat to himself or
herself 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
disposition for which he or she 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 immigrant 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,
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
United
States armed forces 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
United
States armed forces 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 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 legal
capacity restored by order of the court.
(4)
Applications An
application for licenses a license under
this
section shall be signed by the applicant under oath upon forms
must be on a form provided by the director of the department of
state police and contain all of the following information:
(a) The applicant's full name.
(b) The address where the applicant resides.
(c) The applicant's date of birth.
(d) The applicant's race and sex.
(e) The applicant's telephone number.
(f) The applicant's driver license number issued under the
Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or
official state personal identification card number issued under
1972 PA 222, MCL 28.291 to 28.300.
(g) If applicable, the applicant's license or certificate
number issued under the Michigan commission on law enforcement
standards act, 1965 PA 203, MCL 28.601 to 28.615.
(h) Written notice of the penalties provided in subsection
(14).
(i) The date of the application.
(5) Licenses to purchase, carry, possess, or transport pistols
shall
must be executed in triplicate upon forms provided by
the
director
of issued in a manner
prescribed by the department of
state
police. and shall be signed by the licensing authority.
Three
copies
of the The license shall must be delivered to the
applicant
by the licensing authority. A license is void unless used within 30
days after the date it is issued. The license must include all of
the following:
(a) The applicant's full name.
(b) The address where the applicant resides.
(c) The applicant's date of birth.
(d) The applicant's race and sex.
(e) The applicant's telephone number.
(f) The applicant's driver license number issued under the
Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or
official state personal identification card number issued under
1972 PA 222, MCL 28.291 to 28.300.
(g) If applicable, the applicant's license or certificate
number issued under the Michigan commission on law enforcement
standards act, 1965 PA 203, MCL 28.601 to 28.615.
(h) The date the license was issued.
(i) The date the license expires.
(j) The National Instant Criminal Background Check System
transaction number issued at the completion of the required
background check.
(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
name
in ink indicating that the pistol was sold to or otherwise
acquired
by the purchaser. The purchaser shall also sign his or her
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 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 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 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 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 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 is in possession of
his
or her copy of the license. However, the person is not required
to
have the license in his or her possession while carrying, using,
possessing,
or transporting the pistol after this period.
(6) (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.
(7) (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 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 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
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 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 pistol
seized
under this subsection shall must
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.
(8) An individual who is a resident of this state is not
required to obtain a license under this section if he or she is any
of the following:
(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.
(c) An individual who purchases a pistol from a federally
licensed firearms dealer in compliance with 18 USC 922(t).
(d) An individual currently employed as a police officer who
is licensed or certified under the Michigan commission on law
enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615.
(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 state of
residence to purchase, carry, or transport a pistol.
(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
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
United States armed
forces
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.
(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 of the pistol is physically present and
supervising the use of the pistol.
(14)
A person An individual who forges any matter on an
application for a license under this section is guilty of a felony,
punishable by imprisonment for not more than 4 years or a fine of
not more than $2,000.00, or both.
(15) A licensing authority shall implement this section during
all of the licensing authority's normal business hours and shall
set hours for implementation that allow an applicant to use the
license within the time period set forth in subsection (4).
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.
(c)
An individual who purchases a pistol from a federally
licensed
firearms dealer in compliance with 18 USC 922(t).
(d)
An individual currently employed as a police officer who
is
licensed or certified under the Michigan commission on law
enforcement
standards act, 1965 PA 203, MCL 28.601 to 28.615.
(1) (2)
If an individual described in
subsection (1) purchases
or
otherwise acquires a pistol, the seller shall complete
electronically submit, at the time of the sale or transfer, a
record
in triplicate on a form provided by of the sale or transfer
to the department of state police, in a manner prescribed by the
department
of state police. The record shall must include
the all
of the information required in subsection (2) for each pistol sale
or transfer submitted.
(2) The department shall maintain a computerized law
enforcement database of all pistol sales and pistol transfers
required under this act. The law enforcement database must contain
all of the following information for each pistol sale or pistol
transfer submitted:
(a) The purchaser's full legal name.
(b) The purchaser's date of birth.
(c) The purchaser's driver license number issued under the
Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or a
state personal identification card number issued under 1972 PA 222,
MCL 28.291 to 28.300.
(d) The address where the purchaser resides.
(e) If the seller is a federally licensed firearms dealer, the
federally licensed firearms dealer number issued to the seller and
1 of the following:
(i) The purchaser's
concealed weapon license number. , the
(ii) The purchaser's federally licensed firearms dealer
number.
(iii) The National Instant Criminal Background Check System
transaction number issued at the completion of the required
background check.
(iv) The purchase permit number issued under section 2.
(f) If the seller is not a federally licensed firearms dealer,
1 of the following:
(i) The purchaser and seller's concealed weapon license
number.
(ii) The number of the purchaser's license or certificate
issued under the Michigan commission on law enforcement standards
act,
1965 PA 203, MCL 28.601 to 28.615.
, 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 license or certificate issued under the Michigan
commission
on law enforcement standards act, 1965 PA 203, MCL
28.601
to 28.615, 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.
(iii) The purchase permit number issued under section 2.
(g) The seller's legal name. If the seller is a federally
licensed firearms dealer, the seller's business name.
(h) If the seller is not a federally licensed firearms dealer,
the seller's date of birth.
(i) The address where the seller resides. If the seller is a
federally licensed firearms dealer, the address where the business
is located.
(j) The pistol type.
(k) The manufacturer of the pistol.
(l) The model of the pistol.
(m) The serial number of the pistol.
(n) The caliber of the pistol.
(o) The shot capacity of the pistol.
(p) The barrel length of the pistol.
(q) The overall length of the pistol.
(r) The date of the sale or transfer.
(3) The seller shall provide the purchaser a receipt of the
electronic database submission for each pistol submitted to verify
the accuracy of the information submitted.
(4)
A purchaser 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 purchaser
the seller is found responsible for a state civil infraction under
this subsection, the court shall notify the department of state
police.
If the purchaser seller 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) This section does not apply to any of the following:
(a) The purchase of pistols from wholesalers by dealers
regularly engaged in the business of selling pistols at retail.
(b) The sale, barter, or exchange of antique firearms. 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.
(c) The sale, barter, or exchange of pistols kept as relics or
curios not made for modern ammunition or permanently deactivated.
(7)
(6) The department of state police may promulgate rules
to
implement this section.
(8) (7)
The Michigan commission on law
enforcement standards
shall provide license or certificate information, as applicable, to
the department of state police to verify the requirements of this
section.
(9) (8)
As used in this section, :
(a)
"Federally "federally
licensed firearms dealer" means a
person
an individual or business licensed to sell firearms under 18
USC 923.
(b)
"Person" means an individual, partnership, corporation,
association,
or other legal entity.