Bill Text: MI HB4026 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Weapons: concealed; concealed pistol license for individuals to carry concealed pistols in pistol-free zones; require. Amends secs. 5a, 5b, 5c, 5f, 5o, 12, 12a & 15 of 1927 PA 372 (MCL 28.425a et seq.).
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2019-03-15 - Bill Electronically Reproduced 01/10/2019 [HB4026 Detail]
Download: Michigan-2019-HB4026-Introduced.html
HOUSE BILL No. 4026
January 10, 2019, Introduced by Reps. LaFave, Steven Johnson and Markkanen 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 5a, 5b, 5c, 5f, 5o, 12, 12a, and 15 (MCL
28.425a, 28.425b, 28.425c, 28.425f, 28.425o, 28.432, 28.432a, and
28.435), sections 5a, 5b, and 5o as amended by 2017 PA 95, sections
5c and 5f as amended by 2015 PA 3, section 12 as amended by 2010 PA
209, section 12a as amended by 2016 PA 301, and section 15 as added
by 2000 PA 265.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5a. (1) A license to carry a concealed pistol issued by a
concealed weapon licensing board before December 1, 2015 is valid
and remains in effect until the expiration of that license or as
otherwise provided by law.
(2) The county clerk is responsible for all of the following:
(a) Storing and maintaining all records related to issuing a
license or notice of statutory disqualification in that county.
(b) Issuing licenses to carry a concealed pistol.
(c) Issuing notices of statutory disqualification, notices of
suspensions, and notices of revocations.
(3) The department of state police shall verify under section
5b(6) whether an applicant for a license to carry a concealed
pistol is eligible to receive a license to carry a concealed
pistol.
(4) A county clerk shall issue an emergency license to carry a
concealed pistol to an individual if the individual has obtained a
personal protection order issued under section 2950 or 2950a of the
revised judicature act of 1961, 1961 PA 236, MCL 600.2950 and
600.2950a, or to that individual if a county sheriff determines
that there is clear and convincing evidence to believe the safety
of the individual or the safety of a member of the individual's
family or household is endangered by the individual's inability to
immediately obtain a license to carry a concealed pistol. Clear and
convincing evidence includes, but is not limited to, an application
for a personal protection order, police reports and other law
enforcement records, or written, audio, or visual evidence of
threats to the individual or member of the individual's family or
household. A county clerk shall only issue an emergency license to
carry a concealed pistol to an individual who has obtained a
personal protection order if the individual is eligible under
section 5b(7)(d), (e), (f), (h), (i), (j), (k), and (m) to receive
a license based on a criminal record check through the law
enforcement information network conducted by the department of
state police. The county sheriff shall only issue a determination
under this subsection to an individual who is eligible under
section 5b(7)(d), (e), (f), (h), (i), (j), (k), and (m) to receive
a license based on a criminal record check through the law
enforcement information network and only after the county sheriff
has taken the individual's fingerprints in compliance with section
5b(9). A county sheriff shall notify the county clerk if the county
sheriff determines that an individual is not eligible under section
5b(7)(d), (e), (f), (h), (i), (j), (k), or (m) to receive a
license. An emergency license must be on a form provided by the
department of state police. An individual who applies for an
emergency license shall, within 10 business days after applying for
an emergency license, complete a pistol training course under
section 5j and apply for a license under section 5b. If an
individual who applies for an emergency license does not complete a
pistol training course under section 5j and apply for a license
under section 5b within 10 business days after applying for an
emergency license, that individual's emergency license is no longer
valid. A county sheriff who makes a determination under this
section, performs a criminal record check, and takes the
applicant's fingerprints may charge a fee not to exceed $15.00. A
county clerk may charge a fee not to exceed $10.00 for printing an
emergency license. A county clerk shall deposit a fee collected by
the county clerk under this subsection in the concealed pistol
licensing fund of that county created in section 5x. Except as
otherwise provided in this subsection, an emergency license is
valid for 45 days or until the county clerk issues a notice of
statutory disqualification, whichever occurs first. Except as
otherwise provided in this act, an emergency license is, for all
other purposes of this act, a license to carry a concealed pistol.
The
county clerk shall include an indication on the license if an
individual
is exempt from the prohibitions against carrying a
concealed
pistol on premises described in section 5o if the
applicant
provides acceptable proof that he or she qualifies for
that
exemption. An individual shall not
obtain more than 1
emergency license in any 5-year period. If a county clerk issues a
notice of statutory disqualification to an applicant who received
an emergency license under this section, the applicant shall
immediately surrender the emergency license to the county clerk by
mail or in person if that emergency license has not expired. An
individual who fails to surrender a license as required by this
subsection after he or she is notified of a statutory
disqualification 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.
(5) The legislative service bureau shall compile the firearms
laws of this state, including laws that apply to carrying a
concealed pistol, and shall provide copies of the compilation in an
electronic format to the department of state police. The department
of state police shall provide a copy of the compiled laws to each
county clerk in this state. The department of state police shall
also provide forms to appeal any notice of statutory
disqualification, or suspension or revocation of a license under
this act. The department of state police shall distribute copies of
the compilation and forms required under this subsection in an
electronic format to each county clerk. The county clerk shall
distribute a copy of the compilation and forms at no charge to each
individual who applies for a license to carry a concealed pistol at
the time the application is submitted. The county clerk may
distribute copies of the compilation and forms required under this
subsection in an electronic format. The county clerk shall require
the applicant to sign a written statement acknowledging that he or
she has received a copy of the compilation and forms provided under
this subsection. An individual is not eligible to receive a license
to carry a concealed pistol until he or she has signed the
statement.
Sec. 5b. (1) To obtain a license to carry a concealed pistol,
an individual shall apply to the county clerk in the county in
which the individual resides. The applicant shall file the
application with the county clerk in the county in which the
applicant resides during the county clerk's normal business hours.
The application must be on a form provided by the director of the
department of state police and allow the applicant to designate
whether the applicant seeks an emergency license. The applicant
shall sign the application under oath. The county clerk or his or
her representative shall administer the oath. An application under
this subsection is not considered complete until an applicant
submits all of the required information and fees and has
fingerprints taken under subsection (9). An application under this
subsection is considered withdrawn if an applicant does not have
fingerprints taken under subsection (9) within 45 days of the date
an application is filed under this subsection. A completed
application and all receipts issued under this section expire 1
year from the date of application. The county clerk shall issue the
applicant a receipt for his or her application at the time the
application is submitted containing the name of the applicant, the
applicant's state-issued driver license or personal identification
card number, the date and time the receipt is issued, the amount
paid, the name of the county in which the receipt is issued, an
impression of the county seal, and the statement, "This receipt was
issued for the purpose of applying for a concealed pistol license
and for obtaining fingerprints related to that application. This
receipt does not authorize an individual to carry a concealed
pistol in this state.". The application must contain all of the
following:
(a) The applicant's legal name, date of birth, the address of
his or her primary residence, and his or her state-issued driver
license or personal identification card number.
(b) A statement by the applicant that the applicant meets the
criteria for a license under this act to carry a concealed pistol.
(c) A statement by the applicant authorizing the department of
state police to access any record needed to perform the
verification in subsection (6).
(d) A statement by the applicant regarding whether he or she
has a history of mental illness that would disqualify him or her
under subsection (7)(j) to (l) from receiving a license to carry a
concealed pistol.
(e) A statement by the applicant regarding whether he or she
has ever been convicted in this state or elsewhere for any of the
following:
(i) Any felony.
(ii) A misdemeanor listed under subsection (7)(h) if the
applicant was convicted of that misdemeanor in the 8 years
immediately preceding the date of the application, or a misdemeanor
listed under subsection (7)(i) if the applicant was convicted of
that misdemeanor in the 3 years immediately preceding the date of
the application.
(f) A statement by the applicant whether he or she has been
dishonorably discharged from the United States Armed Forces.
(g) If an applicant does not have a digitized photograph on
file with the secretary of state, a passport-quality photograph of
the applicant provided by the applicant at the time of application.
(h) A certificate stating that the applicant has completed the
training course prescribed by this act.
(2) The county clerk shall not require the applicant to submit
any additional forms, documents, letters, or other evidence of
eligibility for obtaining a license to carry a concealed pistol
except as set forth in subsection (1) or as otherwise provided for
in this act. The application form must contain a conspicuous
warning that the application is executed under oath and that
intentionally making a material false statement on the application
is a felony punishable by imprisonment for not more than 4 years or
a fine of not more than $2,500.00, or both.
(3) An individual who intentionally makes a material false
statement on an application under subsection (1) 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.
(4) The county clerk shall retain a copy of each application
for a license to carry a concealed pistol as an official record.
One year after the expiration of a concealed pistol license, the
county clerk may destroy the record and a name index of the record
shall be maintained in the database created in section 5e.
(5) Each applicant shall pay a nonrefundable application and
licensing fee of $100.00 by any method of payment accepted by that
county for payments of other fees and penalties. Except as provided
in subsection (9), no other charge, fee, cost, or assessment,
including any local charge, fee, cost, or assessment, is required
of the applicant except as specifically authorized in this act. The
applicant shall pay the application and licensing fee to the
county. The county treasurer shall deposit $26.00 of each
application and licensing fee collected under this section in the
concealed pistol licensing fund of that county created in section
5x. The county treasurer shall forward the balance remaining to the
state treasurer. The state treasurer shall deposit the balance of
the fee in the general fund to the credit of the department of
state police. The department of state police shall use the money
received under this act to process the fingerprints and to
reimburse the Federal Bureau of Investigation for the costs
associated with processing fingerprints submitted under this act.
The balance of the money received under this act must be credited
to the department of state police.
(6) The department of state police shall verify the
requirements of subsection (7)(d), (e), (f), (h), (i), (j), (k),
and (m) through the law enforcement information network and the
national instant criminal background check system and shall report
to the county clerk all statutory disqualifications, if any, under
this act that apply to an applicant.
(7) The county clerk shall issue and shall send by first-class
mail a license to an applicant to carry a concealed pistol within
the period required under this act if the county clerk determines
that all of the following circumstances exist:
(a) The applicant is 21 years of age or older.
(b) The applicant is a citizen of the United States or is an
alien lawfully admitted into the United States, is a legal resident
of this state, and has resided in this state for not less than the
6 months immediately preceding the date of application. The county
clerk shall waive the 6-month residency requirement for an
emergency license under section 5a(4) if the applicant is a
petitioner for a personal protection order issued under section
2950 or 2950a of the revised judicature act of 1961, 1961 PA 236,
MCL 600.2950 and 600.2950a, or if the county sheriff determines
that there is clear and convincing evidence to believe that the
safety of the applicant or the safety of a member of the
applicant's family or household is endangered by the applicant's
inability to immediately obtain a license to carry a concealed
pistol. If the applicant holds a valid concealed pistol license
issued by another state at the time the applicant's residency in
this state is established, the county clerk shall waive the 6-month
residency requirement and the applicant may apply for a concealed
pistol license at the time the applicant's residency in this state
is established. For the purposes of this section, an individual is
considered a legal resident of this state if any of the following
apply:
(i) The individual has a valid, lawfully obtained driver
license issued under the Michigan vehicle code, 1949 PA 300, MCL
257.1 to 257.923, or official state personal identification card
issued under 1972 PA 222, MCL 28.291 to 28.300.
(ii) The individual is lawfully registered to vote in this
state.
(iii) The individual is on active duty status with the United
States Armed Forces and is stationed outside of this state, but the
individual's home of record is in this state.
(iv) The individual is on active duty status with the United
States Armed Forces and is permanently stationed in this state, but
the individual's home of record is in another state.
(c) The applicant has knowledge and has had training in the
safe use and handling of a pistol by the successful completion of a
pistol safety training course or class that meets the requirements
of section 5j.
(d) Based solely on the report received from the department of
state police under subsection (6), the applicant is not the subject
of an order or disposition 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.
(iii) Sections 2950 and 2950a of the revised judicature act of
1961, 1961 PA 236, MCL 600.2950 and 600.2950a.
(iv) 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.
(v) Section 16b of chapter IX of the code of criminal
procedure, 1927 PA 175, MCL 769.16b.
(e) Based solely on the report received from the department of
state police under subsection (6), the applicant 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) Based solely on the report received from the department of
state police under subsection (6), the applicant has never been
convicted of a felony in this state or elsewhere, and a felony
charge against the applicant is not pending in this state or
elsewhere at the time he or she applies for a license described in
this section.
(g) The applicant has not been dishonorably discharged from
the United States Armed Forces.
(h) Based solely on the report received from the department of
state police under subsection (6), the applicant has not been
convicted of a misdemeanor violation of any of the following in the
8 years immediately preceding the date of application and a charge
for a misdemeanor violation of any of the following is not pending
against the applicant in this state or elsewhere at the time he or
she applies for a license described in this section:
(i) Section 617a (failing to stop when involved in a personal
injury accident), section 625 as punishable under subsection (9)(b)
of that section (operating while intoxicated, second offense),
section 625m as punishable under subsection (4) of that section
(operating a commercial vehicle with alcohol content, second
offense), section 626 (reckless driving), or a violation of section
904(1) (operating while license suspended or revoked, second or
subsequent offense) of the Michigan vehicle code, 1949 PA 300, MCL
257.617a, 257.625, 257.625m, 257.626, and 257.904.
(ii) Section 185(7) of the aeronautics code of the state of
Michigan, 1945 PA 327, MCL 259.185 (operating aircraft while under
the influence of intoxicating liquor or a controlled substance with
prior conviction).
(iii) Section 29 of the weights and measures act, 1964 PA 283,
MCL 290.629 (hindering or obstructing certain persons performing
official weights and measures duties).
(iv) Section 10 of the motor fuels quality act, 1984 PA 44,
MCL 290.650 (hindering, obstructing, assaulting, or committing
bodily injury upon director or authorized representative).
(v) Section 80176 as punishable under section 80177(1)(b)
(operating vessel under the influence of intoxicating liquor or a
controlled substance, second offense), section 81134 as punishable
under subsection (8)(b) of that section (operating ORV under the
influence of intoxicating liquor or a controlled substance, second
or subsequent offense), or section 82127 as punishable under
section 82128(1)(b) (operating snowmobile under the influence of
intoxicating liquor or a controlled substance, second offense) of
the natural resources and environmental protection act, 1994 PA
451, MCL 324.80176, 324.80177, 324.81134, 324.82127, and 324.82128.
(vi) Section 7403 of the public health code, 1978 PA 368, MCL
333.7403 (possession of controlled substance, controlled substance
analogue, or prescription form).
(vii) Section 353 of the railroad code of 1993, 1993 PA 354,
MCL 462.353, punishable under subsection (4) of that section
(operating locomotive under the influence of intoxicating liquor or
a controlled substance, or while visibly impaired, second offense).
(viii) Section 7 of 1978 PA 33, MCL 722.677 (displaying
sexually explicit matter to minors).
(ix) Section 81 (assault or domestic assault), section 81a(1)
or (2) (aggravated assault or aggravated domestic assault), section
115 (breaking and entering or entering without breaking), section
136b(7) (fourth degree child abuse), section 145n (vulnerable adult
abuse), section 157b(3)(b) (solicitation to commit a felony),
section 215 (impersonating peace officer or medical examiner),
section 223 (illegal sale of a firearm or ammunition), section 224d
(illegal
use or sale of a self-defense spray), section 226a (sale
or
possession of a switchblade), section
227c (improper
transportation of a loaded firearm), section 229 (accepting a
pistol in pawn), section 232a (improperly obtaining a pistol,
making a false statement on an application to purchase a pistol, or
using false identification to purchase a pistol), section 233
(intentionally aiming a firearm without malice), section 234
(intentionally discharging a firearm aimed without malice), section
234d (possessing a firearm on prohibited premises), section 234e
(brandishing a firearm in public), section 234f (possession of a
firearm by an individual less than 18 years of age), section 235
(intentionally discharging a firearm aimed without malice causing
injury), section 235a (parent of a minor who possessed a firearm in
a weapon free school zone), section 236 (setting a spring gun or
other device), section 237 (possessing a firearm while under the
influence of intoxicating liquor or a controlled substance),
section 237a (weapon free school zone violation), section 335a
(indecent exposure), section 411h (stalking), or section 520e
(fourth degree criminal sexual conduct) of the Michigan penal code,
1931 PA 328, MCL 750.81, 750.81a, 750.115, 750.136b, 750.145n,
750.157b,
750.215, 750.223, 750.224d, 750.226a, 750.227c, 750.229,
750.232a, 750.233, 750.234, 750.234d, 750.234e, 750.234f, 750.235,
750.235a, 750.236, 750.237, 750.237a, 750.335a, 750.411h, and
750.520e.
(x) Former section 228 226a of
the Michigan penal code, 1931
PA 328.
(xi) Section 1 (reckless, careless, or negligent use of a
firearm resulting in injury or death), section 2 (careless,
reckless, or negligent use of a firearm resulting in property
damage), or section 3a (reckless discharge of a firearm) of 1952 PA
45, MCL 752.861, 752.862, and 752.863a.
(xii) A violation of a law of the United States, another
state, or a local unit of government of this state or another state
substantially corresponding to a violation described in
subparagraphs (i) to (xi).
(i) Based solely on the report received from the department of
state police under subsection (6), the applicant has not been
convicted of a misdemeanor violation of any of the following in the
3 years immediately preceding the date of application unless the
misdemeanor violation is listed under subdivision (h) and a charge
for a misdemeanor violation of any of the following is not pending
against the applicant in this state or elsewhere at the time he or
she applies for a license described in this section:
(i) Section 625 (operating under the influence), section 625a
(refusal of commercial vehicle operator to submit to a chemical
test), section 625k (ignition interlock device reporting
violation), section 625l (circumventing an ignition interlock
device), or section 625m punishable under subsection (3) of that
section (operating a commercial vehicle with alcohol content) of
the Michigan vehicle code, 1949 PA 300, MCL 257.625, 257.625a,
257.625k, 257.625l, and 257.625m.
(ii) Section 185 of the aeronautics code of the state of
Michigan, 1945 PA 327, MCL 259.185 (operating aircraft under the
influence).
(iii) Section 81134 (operating ORV under the influence or
operating ORV while visibly impaired), or section 82127 (operating
a snowmobile under the influence) of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.81134 and
324.82127.
(iv) Part 74 of the public health code, 1978 PA 368, MCL
333.7401 to 333.7461 (controlled substance violation).
(v) Section 353 of the railroad code of 1993, 1993 PA 354, MCL
462.353, punishable under subsection (3) of that section (operating
locomotive under the influence).
(vi) Section 167 (disorderly person), section 174
(embezzlement), section 218 (false pretenses with intent to
defraud), section 356 (larceny), section 356d (second degree retail
fraud), section 359 (larceny from a vacant building or structure),
section 362 (larceny by conversion), section 362a (larceny –
defrauding lessor), section 377a (malicious destruction of
property), section 380 (malicious destruction of real property),
section 535 (receiving or concealing stolen property), or section
540e (malicious use of telecommunications service or device) of the
Michigan penal code, 1931 PA 328, MCL 750.167, 750.174, 750.218,
750.356, 750.356d, 750.359, 750.362, 750.362a, 750.377a, 750.380,
750.535, and 750.540e.
(vii) A violation of a law of the United States, another
state, or a local unit of government of this state or another state
substantially corresponding to a violation described in
subparagraphs (i) to (vi).
(j) Based solely on the report received from the department of
state police under subsection (6), the applicant has not been found
guilty but mentally ill of any crime and has not offered a plea of
not guilty of, or been acquitted of, any crime by reason of
insanity.
(k) Based solely on the report received from the department of
state police under subsection (6), the applicant is not currently
and has never been subject to an order of involuntary commitment in
an inpatient or outpatient setting due to mental illness.
(l) The applicant has filed a statement under subsection
(1)(d) that the applicant does not have a diagnosis of mental
illness that includes an assessment that the individual presents a
danger to himself or herself or to another at the time the
application is made, regardless of whether he or she is receiving
treatment for that illness.
(m) Based solely on the report received from the department of
state police under subsection (6), the applicant is not under a
court order of legal incapacity in this state or elsewhere.
(n) The applicant has a valid state-issued driver license or
personal identification card.
(8) Upon entry of a court order or conviction of 1 of the
enumerated prohibitions for using, transporting, selling,
purchasing, carrying, shipping, receiving, or distributing a
firearm in this section the department of state police shall
immediately enter the order or conviction into the law enforcement
information network. For purposes of this act, information of the
court order or conviction must not be removed from the law
enforcement information network, but may be moved to a separate
file intended for the use of the department of state police, the
courts, and other government entities as necessary and exclusively
to determine eligibility to be licensed under this act.
(9) An individual, after submitting an application and paying
the fee prescribed under subsection (5), shall request that
classifiable fingerprints be taken by a county clerk, the
department of state police, a county sheriff, a local police
agency, or other entity, if the county clerk, department of state
police, county sheriff, local police agency, or other entity
provides fingerprinting capability for the purposes of this act. An
individual who has had classifiable fingerprints taken under
section 5a(4) does not need additional fingerprints taken under
this subsection. If the individual requests that classifiable
fingerprints be taken by the county clerk, department of state
police, county sheriff, a local police agency, or other entity, the
individual shall also pay a fee of $15.00 by any method of payment
accepted for payments of other fees and penalties. A county clerk
shall deposit any fee it accepts under this subsection in the
concealed pistol licensing fund of that county created in section
5x. The county clerk, department of state police, county sheriff,
local police agency, or other entity shall take the fingerprints
within 5 business days after the request. County clerks, the
department of state police, county sheriffs, local police agencies,
and other entities shall provide reasonable access to
fingerprinting services during normal business hours as is
necessary to comply with the requirements of this act if the county
clerk, department of state police, county sheriff, local police
agency, or other entity provides fingerprinting capability for the
purposes of this act. The entity providing fingerprinting services
shall issue the individual a receipt at the time his or her
fingerprints are taken. The county clerk, department of state
police, county sheriff, local police agency, or other entity shall
not provide a receipt under this subsection unless the individual
requesting the fingerprints provides an application receipt
received under subsection (1). A receipt under this subsection must
contain all of the following:
(a) The name of the individual.
(b) The date and time the receipt is issued.
(c) The amount paid.
(d) The name of the entity providing the fingerprint services.
(e) The individual's state-issued driver license or personal
identification card number.
(f) The statement "This receipt was issued for the purpose of
applying for a concealed pistol license. As provided in section 5b
of 1927 PA 372, MCL 28.425b, if a license or notice of statutory
disqualification is not issued within 45 days after the date this
receipt was issued, this receipt shall serve as a concealed pistol
license for the individual named in the receipt when carried with
an official state-issued driver license or personal identification
card. The receipt is valid as a license until a license or notice
of statutory disqualification is issued by the county clerk. This
receipt does not exempt the individual named in the receipt from
complying with all applicable laws for the purchase of firearms.".
(10) The fingerprints must be taken, under subsection (9), in
a manner prescribed by the department of state police. The county
clerk, county sheriff, local police agency, or other entity shall
immediately forward the fingerprints taken by that entity to the
department of state police for comparison with fingerprints already
on file with the department of state police. The department of
state police shall immediately forward the fingerprints to the
Federal Bureau of Investigation. Within 5 business days after
completing the verification under subsection (6), the department
shall send the county clerk a list of an individual's statutory
disqualifications under this act. Except as provided in section
5a(4), the county clerk shall not issue a concealed pistol license
until he or she receives the report of statutory disqualifications
prescribed in this subsection. If an individual's fingerprints are
not classifiable, the department of state police shall, at no
charge, take the individual's fingerprints again or provide for the
comparisons under this subsection to be conducted through
alternative means. The county clerk shall not issue a notice of
statutory disqualification because an individual's fingerprints are
not classifiable by the Federal Bureau of Investigation.
(11) The county clerk shall send by first-class mail a notice
of statutory disqualification for a license under this act to an
individual if the individual is not qualified under subsection (7)
to receive that license.
(12) A license to carry a concealed pistol that is issued
based upon an application that contains a material false statement
is void from the date the license is issued.
(13) Subject to subsection (10), the department of state
police shall complete the verification required under subsection
(6) and the county clerk shall issue a license or a notice of
statutory disqualification within 45 days after the date the
individual has classifiable fingerprints taken under subsection
(9). The county clerk shall include an indication on the license if
an individual is exempt from the prohibitions against carrying a
concealed pistol on premises described in section 5o if the
applicant provides acceptable proof that he or she qualifies for
that exemption. If the county clerk receives notice from a county
sheriff or chief law enforcement officer that a licensee is no
longer a member of a sheriff's posse, an auxiliary officer, or a
reserve officer, the county clerk shall notify the licensee that he
or she shall surrender the concealed pistol license indicating that
the individual is exempt from the prohibitions against carrying a
concealed pistol on premises described in section 5o. The licensee
shall, within 30 days after receiving notice from the county clerk,
surrender the license indicating that the individual is exempt from
the prohibitions against carrying a concealed pistol on premises
described in section 5o and obtain a replacement license after
paying the fee required under subsection (15). If the county clerk
issues a notice of statutory disqualification, the county clerk
shall within 5 business days do all of the following:
(a) Inform the individual in writing of the reasons for the
denial or disqualification. Information under this subdivision
shall
must include all of the following:
(i) A statement of each statutory disqualification identified.
(ii) The source of the record for each statutory
disqualification identified.
(iii) The contact information for the source of the record for
each statutory disqualification identified.
(b) Inform the individual in writing of his or her right to
appeal the denial or notice of statutory disqualification to the
circuit court as provided in section 5d.
(c) Inform the individual that he or she should contact the
source of the record for any statutory disqualification to correct
any errors in the record resulting in the statutory
disqualification.
(14) If a license or notice of statutory disqualification is
not issued under subsection (13) within 45 days after the date the
individual has classifiable fingerprints taken under subsection
(9), the receipt issued under subsection (9) serves as a concealed
pistol license for purposes of this act when carried with a state-
issued driver license or personal identification card and is valid
until a license or notice of statutory disqualification is issued
by the county clerk.
(15) If an individual licensed under this act to carry a
concealed pistol moves to a different county within this state, his
or her license remains valid until it expires or is otherwise
suspended or revoked under this act. An individual may notify a
county clerk that he or she has moved to a different address within
this state for the purpose of receiving the notice under section
5l(1). A license to carry a concealed pistol that is lost, stolen,
defaced, or replaced for any other reason may be replaced by the
issuing county clerk for a replacement fee of $10.00. A county
clerk shall deposit a replacement fee under this subsection in the
concealed pistol licensing fund of that county created in section
5x.
(16) If a license issued under this act is suspended or
revoked, the license is forfeited and the individual shall return
the license to the county clerk forthwith by mail or in person. The
county clerk shall retain a suspended or revoked license as an
official record 1 year after the expiration of the license, unless
the license is reinstated or a new license is issued. The county
clerk shall notify the department of state police if a license is
suspended or revoked. The department of state police shall enter
that suspension or revocation into the law enforcement information
network. An individual who fails to return a license as required
under this subsection after he or she was notified that his or her
license was suspended or revoked 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.
(17) An applicant or an individual licensed under this act to
carry a concealed pistol may be furnished a copy of his or her
application under this section upon request and the payment of a
reasonable fee not to exceed $1.00. The county clerk shall deposit
any fee collected under this subsection in the concealed pistol
licensing fund of that county created in section 5x.
(18) This section does not prohibit the county clerk from
making public and distributing to the public at no cost lists of
individuals who are certified as qualified instructors as
prescribed under section 5j.
(19) A county clerk issuing an initial license or renewal
license under this act shall mail the license to the licensee by
first-class mail in a sealed envelope. Upon payment of the fee
under subsection (15), a county clerk shall issue a replacement
license in person at the time of application for a replacement
license. A county clerk may also deliver a replacement license by
first-class mail if the individual submits to the clerk a written
request and a copy of the individual's state-issued driver license
or personal identification card.
(20) A county clerk, county sheriff, county prosecuting
attorney, police department, or the department of state police is
not liable for civil damages as a result of issuing a license under
this act to an individual who later commits a crime or a negligent
act.
(21) An individual licensed under this act to carry a
concealed pistol may voluntarily surrender that license without
explanation. A county clerk shall retain a surrendered license as
an official record for 1 year after the license is surrendered. If
an individual voluntarily surrenders a license under this
subsection, the county clerk shall notify the department of state
police. The department of state police shall enter into the law
enforcement information network that the license was voluntarily
surrendered and the date the license was voluntarily surrendered.
(22) As used in this section:
(a)
"Acceptable proof" means any of the following:
(i) For a retired police officer or retired law
enforcement
officer,
the officer's retired identification or a letter from a
law
enforcement agency stating that the retired police officer or
law
enforcement officer retired in good standing.
(ii) For an individual who is employed or contracted by
an
entity
described under section 5o(1) to provide security services,
a
letter from that entity stating that the employee is required by
his
or her employer or the terms of a contract to carry a concealed
firearm
on the premises of the employing or contracting entity and
his
or her employee identification.
(iii) For an individual who is licensed as a private
investigator
or private detective under the professional
investigator
licensure act, 1965 PA 285, MCL 338.821 to 338.851,
his
or her license.
(iv) For an individual who is a corrections officer of
a
county
sheriff's department, his or her employee identification and
a
letter stating that the individual has received county sheriff
approved
weapons training.
(v) For an individual who is a retired corrections
officer of
a
county sheriff's department, a letter from the county sheriff's
office
stating that the retired corrections officer retired in good
standing
and that the individual has received county sheriff
approved
weapons training.
(vi) For an individual who is a motor carrier officer
or
capitol
security officer of the department of state police, his or
her
employee identification.
(vii) For an individual who is a member of a sheriff's
posse,
his
or her identification.
(viii) For an individual who is an auxiliary officer or
reserve
officer of a police or sheriff's department, his or her
employee
identification.
(ix) For an individual who is a parole, probation, or
corrections
officer, or absconder recovery unit member, of the
department
of corrections, his or her employee identification and
proof
that the individual obtained a Michigan department of
corrections
weapons permit.
(x) For an individual who is a retired parole,
probation, or
corrections
officer, or retired absconder recovery unit member, of
the
department of corrections, a letter from the department of
corrections
stating that the retired parole, probation, or
corrections
officer, or retired absconder recovery unit member,
retired
in good standing and proof that the individual obtained a
Michigan
department of corrections weapons permit.
(xi) For a state court judge or state court retired
judge, a
letter
from the judicial tenure commission stating that the state
court
judge or state court retired judge is in good standing.
(xii) For an individual who is a court officer, his or
her
employee
identification.
(xiii) For a retired federal law enforcement officer, the
identification
required under the law enforcement officers safety
act
or a letter from a law enforcement agency stating that the
retired
federal law enforcement officer retired in good standing.
(xiv) For an individual who is a peace officer, his or
her
employee
identification.
(a) (b)
"Convicted" means a final
conviction, the payment of a
fine, a plea of guilty or nolo contendere if accepted by the court,
or a finding of guilt for a criminal law violation or a juvenile
adjudication or disposition by the juvenile division of probate
court or family division of circuit court for a violation that if
committed by an adult would be a crime.
(b) (c)
"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) (d)
"Mental illness" means a
substantial disorder of
thought or mood that significantly impairs judgment, behavior,
capacity to recognize reality, or ability to cope with the ordinary
demands of life, and includes, but is not limited to, clinical
depression.
(d) (e)
"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) (f)
"Treatment" means care or
any therapeutic service,
including, but not limited to, the administration of a drug, and
any other service for the treatment of a mental illness.
Sec.
5c. (1) A license to carry a concealed pistol shall must
be in a form, with the same dimensions as a Michigan operator
license,
prescribed by the department of state police, . Beginning
December
1, 2015, the license shall and
be constructed of plastic
laminated paper or hard plastic. No additional fee shall be charged
for the license unless otherwise prescribed in this act. A county
clerk
may charge a fee not to exceed $10.00 may
be charged for an
optional hard plastic license only if the county clerk also
provides the option of obtaining a plastic laminated paper license
at no charge. A county clerk shall deposit a fee collected under
this subsection in the concealed pistol licensing fund of that
county
created in section 5x. The license shall must contain all of
the following:
(a) The licensee's full name and date of birth.
(b) A photograph and a physical description of the licensee.
(c) A statement of the effective dates of the license.
(d) An indication of exceptions authorized by this act
applicable to the licensee.
(e) The licensee's state-issued driver license or personal
identification card number.
(f)
The premises on which carrying a concealed pistol is
prohibited
under section 5o.
(f) (g)
The peace officer disclosure
required under section
5f(3).
(g) (h)
An indication whether the license
is a duplicate or an
emergency license.
(h) (i)
If the license is an emergency
license, an indication
that the emergency license does not exempt the individual from
complying with all applicable laws for the purchase of firearms.
(2) The department of state police or a county clerk shall not
require a licensee's signature to appear on a license to carry a
concealed pistol.
(3)
Subject to section 5o and except Except as otherwise
provided by law, a license to carry a concealed pistol issued by
the county clerk authorizes the licensee to do all of the
following:
(a) Carry a pistol concealed on or about his or her person
anywhere
in this state.on the premises
listed in section 5o.
(b) Carry a pistol in a vehicle, whether concealed or not
concealed, anywhere in this state.
(4) The secretary of state shall make a digitized photograph
taken of the applicant for a driver license or personal
identification card available to the department for use under this
act. The department shall provide the photograph of the applicant
received from the secretary of state to the county clerk who shall
use the photograph on the individual's license unless the applicant
does not have a digitized photograph on file with the secretary of
state. If an applicant does not have a digitized photograph on file
with the secretary of state, the applicant shall provide a
passport-quality photograph of the applicant as provided under
section 5b(1).
Sec. 5f. (1) An individual who is licensed to carry a
concealed pistol shall have his or her license to carry that pistol
and his or her state-issued driver license or personal
identification card in his or her possession at all times he or she
is carrying a concealed pistol or a portable device that uses
electro-muscular disruption technology on the premises listed in
section 5o.
(2) An individual who is licensed to carry a concealed pistol
and who is carrying a concealed pistol or a portable device that
uses electro-muscular disruption technology on the premises listed
in section 5o shall show both of the following to a peace officer
upon request by that peace officer:
(a) His or her license to carry a concealed pistol.
(b) His or her state-issued driver license or personal
identification card.
(3) An individual licensed under this act to carry a concealed
pistol and who is carrying a concealed pistol or a portable device
that uses electro-muscular disruption technology and who is stopped
by a peace officer shall immediately disclose to the peace officer
that he or she is carrying a pistol or a portable device that uses
electro-muscular disruption technology concealed upon his or her
person or in his or her vehicle.
(4) An individual who violates subsection (1) or (2) is
responsible for a state civil infraction and shall be fined
$100.00.
(5) An individual who violates subsection (3) is responsible
for a state civil infraction and shall be fined as follows:
(a) For a first offense, by a fine of $500.00 and by the
individual's license to carry a concealed pistol being suspended
for 6 months.
(b) For a subsequent offense within 3 years of a prior
offense, by a fine of $1,000.00 and by the individual's license to
carry a concealed pistol being revoked.
(6) If an individual is found responsible for a state civil
infraction under subsection (5), the peace officer shall notify the
department of state police of that civil infraction. The department
of state police shall notify the county clerk who issued the
license, who shall suspend or revoke that license. The county clerk
shall send notice by first-class mail of that suspension or
revocation to the individual's last known address as indicated in
the records of the county clerk. The department of state police
shall immediately enter that suspension or revocation into the law
enforcement information network.
(7) A pistol or portable device that uses electro-muscular
disruption technology carried in violation of this section is
subject to immediate seizure by a peace officer. If a peace officer
seizes a pistol or portable device that uses electro-muscular
disruption technology under this subsection, the individual has 45
days in which to display his or her license or documentation to an
authorized employee of the law enforcement entity that employs the
peace officer. If the individual displays his or her license or
documentation to an authorized employee of the law enforcement
entity that employs the peace officer within the 45-day period, the
authorized employee of that law enforcement entity shall return the
pistol or portable device that uses electro-muscular disruption
technology to the individual unless the individual is prohibited by
law from possessing a firearm or portable device that uses electro-
muscular disruption technology. If the individual does not display
his or her license or documentation within the 45-day period, the
pistol or portable device that uses electro-muscular disruption
technology is subject to forfeiture as provided in section 5g. A
pistol or portable device that uses electro-muscular disruption
technology is not subject to immediate seizure under this
subsection if both of the following circumstances exist:
(a) The individual has his or her state-issued driver license
or personal identification card in his or her possession when the
violation occurs.
(b) The peace officer verifies through the law enforcement
information network that the individual is licensed to carry a
concealed pistol.
(8) As used in this section, "peace officer" includes a motor
carrier officer appointed under section 6d of 1935 PA 59, MCL
28.6d, and security personnel employed by the state under section
6c of 1935 PA 59, MCL 28.6c.
Sec.
5o. (1) Subject to subsection (5), an An individual who
is not licensed under this act to carry a concealed pistol, or who
is not exempt from licensure under section 12a(h), shall not carry
a concealed pistol on the premises of any of the following:
(a) A school or school property except that a parent or legal
guardian of a student of the school is not precluded from carrying
a concealed pistol while in a vehicle on school property, if he or
she is dropping the student off at the school or picking up the
student from the school. As used in this section, "school" and
"school property" mean those terms as defined in section 237a of
the Michigan penal code, 1931 PA 328, MCL 750.237a.
(b) A public or private child care center or day care center,
public or private child caring institution, or public or private
child placing agency.
(c) A sports arena or stadium.
(d) A bar or tavern licensed under the Michigan liquor control
code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, where the
primary source of income of the business is the sale of alcoholic
liquor by the glass and consumed on the premises. This subdivision
does not apply to an owner or employee of the business. The
Michigan liquor control commission shall develop and make available
to holders of licenses under the Michigan liquor control code of
1998, 1998 PA 58, MCL 436.1101 to 436.2303, an appropriate sign
stating that "This establishment prohibits patrons from carrying
concealed weapons". The owner or operator of an establishment
licensed under the Michigan liquor control code of 1998, 1998 PA
58, MCL 436.1101 to 436.2303, may post the sign developed under
this subdivision.
(e) Any property or facility owned or operated by a church,
synagogue, mosque, temple, or other place of worship, unless the
presiding official or officials of the church, synagogue, mosque,
temple, or other place of worship permit the carrying of concealed
pistol on that property or facility.
(f) An entertainment facility with a seating capacity of 2,500
or more individuals that the individual knows or should know has a
seating capacity of 2,500 or more individuals or that has a sign
above each public entrance stating in letters not less than 1-inch
high a seating capacity of 2,500 or more individuals.
(g) A hospital.
(h) A dormitory or classroom of a community college, college,
or university.
(2)
Subject to subsection (5), an An
individual who is not
licensed under this act to carry a concealed pistol, or who is not
exempt from licensure under section 12a(h), shall not carry a
portable device that uses electro-muscular disruption technology on
any of the premises described in subsection (1).
(3) An individual licensed under this act to carry a concealed
pistol, or who is exempt from licensure under section 12a(h), shall
not carry a concealed pistol in violation of R 432.1212 of the
Michigan Administrative Code promulgated under the Michigan gaming
control and revenue act, 1996 IL 1, MCL 432.201 to 432.226.
(4) As used in subsection (1), "premises" does not include
parking areas of the places identified under subsection (1).
(5)
Subsections (1) and (2) do not apply to any of the
following:
(a)
An individual licensed under this act who is a retired
police
officer, retired law enforcement officer, or retired federal
law
enforcement officer.
(b)
An individual who is licensed under this act and who is
employed
or contracted by an entity described under subsection (1)
to
provide security services and is required by his or her employer
or
the terms of a contract to carry a concealed firearm on the
premises
of the employing or contracting entity.
(c)
An individual who is licensed as a private investigator or
private
detective under the professional investigator licensure
act,
1965 PA 285, MCL 338.821 to 338.851.
(d)
An individual who is licensed under this act and who is a
corrections
officer of a county sheriff's department or who is
licensed
under this act and is a retired corrections officer of a
county
sheriff's department, if that individual has received county
sheriff
approved weapons training.
(e)
An individual who is licensed under this act and who is a
motor
carrier officer or capitol security officer of the department
of
state police.
(f)
An individual who is licensed under this act and who is a
member
of a sheriff's posse.
(g)
An individual who is licensed under this act and who is an
auxiliary
officer or reserve officer of a police or sheriff's
department.
(h)
An individual who is licensed under this act and who is
any
of the following:
(i) A parole, probation, or corrections officer, or
absconder
recovery
unit member, of the department of corrections, if that
individual
has obtained a Michigan department of corrections
weapons
permit.
(ii) A retired parole, probation, or corrections
officer, or
retired
absconder recovery unit member, of the department of
corrections,
if that individual has obtained a Michigan department
of
corrections weapons permit.
(i)
A state court judge or state court retired judge who is
licensed
under this act.
(j)
An individual who is licensed under this act and who is a
court
officer.
(k)
An individual who is licensed under this act and who is a
peace
officer.
(5) (6)
An individual who violates this
section is responsible
for a state civil infraction or guilty of a crime as follows:
(a) Except as provided in subdivisions (b) and (c), the
individual is responsible for a state civil infraction and may be
fined
not more than $500.00. The court shall order the individual's
license
to carry a concealed pistol suspended for 6 months.
(b) For a second violation, the individual is guilty of a
misdemeanor
punishable by a fine of not more than $1,000.00. The
court
shall order the individual's license to carry a concealed
pistol
revoked.
(c) For a third or subsequent violation, the individual is
guilty of a felony punishable by imprisonment for not more than 4
years
or a fine of not more than $5,000.00, or both. The court
shall
order the individual's license to carry a concealed pistol
revoked.
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, Army, Air Force,
Navy,
or marine corps.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,
United States Armed Forces Reserves, or other duly authorized
military organization.
(e) A member of an entity or organization described in
subdivisions (a) through (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 237a
of
the Michigan penal code, 1931 PA 328, MCL 750.231a.750.237a.
(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 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. 12a. The requirements of this act for obtaining a license
to carry a concealed pistol on the premises listed in section 5o do
not apply to any of the following:
(a) A peace officer of a duly authorized police agency of the
United States or of this state or a political subdivision of this
state, who is regularly employed and paid by the United States or
this state or a subdivision of this state, except a township
constable.
(b) A constable who is trained and licensed or certified under
the Michigan commission on law enforcement standards act, 1965 PA
203, MCL 28.601 to 28.615, while engaged in his or her official
duties or going to or coming from his or her official duties, and
who is regularly employed and paid by a political subdivision of
this state.
(c) An individual regularly employed by the department of
corrections and authorized in writing by the director of the
department of corrections to carry a concealed pistol during the
performance of his or her duties or while going to or returning
from his or her duties.
(d) An individual regularly employed as a local corrections
officer by a county sheriff, who is trained in the use of force and
is authorized in writing by the county sheriff to carry a concealed
pistol during the performance of his or her duties.
(e) An individual regularly employed in a city jail or lockup
who has custody of individuals detained or incarcerated in the jail
or lockup, is trained in the use of force, and is authorized in
writing by the chief of police or the county sheriff to carry a
concealed pistol during the performance of his or her duties.
(f) A member of the United States Army, Air Force, Navy, or
Marine Corps while carrying a concealed pistol in the line of duty.
(g)
A member of the National Guard, armed forces reserves,
United States Armed Forces Reserves, or other duly authorized
military organization while on duty or drill or while going to or
returning from his or her place of assembly or practice or while
carrying a concealed pistol for purposes of that military
organization.
(h) A resident of another state who is licensed by that state
to carry a concealed pistol.
(i) The regular and ordinary transportation of a pistol as
merchandise by an authorized agent of a person licensed to
manufacture firearms.
(j) An individual while carrying a pistol unloaded in a
wrapper or container in the trunk of his or her vehicle or, if the
vehicle does not have a trunk, from transporting that pistol
unloaded in a locked compartment or container that is separated
from the ammunition for that pistol from the place of purchase to
his or her home or place of business or to a place of repair or
back to his or her home or place of business, or in moving goods
from 1 place of abode or business to another place of abode or
business.
(k) A peace officer or law enforcement officer from Canada.
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 237a of the Michigan penal code, 1931 PA 328, MCL
750.231a.750.237a.
(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
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, 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.
