Friday, May 31, 2013

Michigan House Proposes Extending Pistol Purchase License Requirement To All Firearms.


Michigan House Bill 4774 would require licenses for all firearms

purchases in the state. The requirement currently applies to

handguns only, but the proposal extends the law to

rifles and shotguns. Handgun registration is still required.

 

Here are the relevant parts of the Bill.

 

“THE PEOPLE OF THE STATE OF MICHIGAN ENACT:


Sec. 2. (1) Except as otherwise provided in this act, a person

shall not purchase, carry, possess, or transport a pistol firearm

in this state without first having obtained a license for the

pistol firearm as prescribed in this section.

 

(2) A person who brings a pistol firearm into this state who

is on leave from active duty with the armed forces of the United

States or who has been discharged from active duty with the armed

forces of the United States shall obtain a license for the pistol

firearm 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, firearms, 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 shall with due speed and

diligence issue licenses to purchase, carry, possess, or transport

pistols firearms 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 firearm that would violate a law of this or

another state or of the United States…”

 

“(4) Applications for licenses under this section shall be

signed by the applicant under oath upon forms provided by the

director of the department of state police. Licenses to purchase,

carry, possess, or transport pistols firearms shall be executed in

triplicate upon forms provided by the director of the department of

state police and shall be signed by the licensing authority. Three

copies of the license shall be delivered to the applicant by the

licensing authority. A license is void unless used within 30 days

after the date it is issued.

 

(5) If an individual purchases or otherwise acquires a pistol,

firearm, the seller shall fill out the license forms describing the

pistol, firearm, together with the date of sale or acquisition, and

sign his or her name in ink indicating that the pistol firearm 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 firearm 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 If the firearm

is a pistol, 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 for a

pistol 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.

 

(7) This section does not apply to the purchase of pistols

firearms from wholesalers by dealers regularly engaged in the

business of selling pistols firearms at retail, or to the sale,

barter, or exchange of pistols firearms kept as relics or curios

not made for modern ammunition or permanently deactivated. This

section does not prevent the transfer of ownership of pistols

firearms that are inherited if the license to purchase is approved

by the commissioner or chief of police, sheriff, or their

authorized deputies, and signed by the personal representative of

the estate or by the next of kin having authority to dispose of the

pistol.firearm.

 

(8) 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.firearm.

(b) The individual is in possession of the license described

in subdivision (a).

(c) The individual is the owner of the pistol firearm he or

she possesses, carries, or transports.

(d) The individual possesses the pistol firearm for a lawful

purpose. as that term is defined in section 231a of the Michigan

penal code, 1931 PA 328, MCL 750.231a.

(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.

 

(9) An individual who is a nonresident of this state shall

present the license described in subsection (8)(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.

 

10) The licensing authority may require a person claiming

active duty status with the United States armed forces to provide

proof of 1 or both of the following:

(a) The person's home of record.

(b) Permanent active duty assignment in this state.

 

(11) This section does not apply to a person who is younger

than the age required under subsection (3)(b) and who possesses a

pistol firearm if all of the following conditions apply:

(a) The person is not otherwise prohibited from possessing

that pistol.firearm.

(b) The person is at a recognized target range.

(c) The person possesses the pistol firearm for the purpose of

target practice or instruction in the safe use of a pistol.firearm.

(d) The person's parent or guardian is physically present and

supervising the person.

(e) The owner of the pistol firearm is physically present.

 

(12) This section does not apply to a person who possesses a

pistol firearm if all of the following conditions apply:

(a) The person is not otherwise prohibited from possessing a

pistol.firearm.

(b) The person is at a recognized target range or shooting

facility.

(c) The person possesses the pistol firearm for the purpose of

target practice or instruction in the safe use of a pistol.firearm.

(d) The owner of the pistol firearm is physically present and

supervising the use of the pistol.firearm.

 

(13) A person 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.

 

(14) 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:firearm:

(a) An individual licensed under section 5b.

(b) A federally licensed firearms dealer.

(c) An individual who purchases a pistol firearm from a

federally licensed firearms dealer in compliance with 18 USC

922(t).

(d) An individual purchasing a firearm other

than a pistol who

has a federal national instant criminal

background check performed

on him or her by a federally licensed

firearms dealer not more than

30 days before the purchase.

 

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

otherwise acquires a pistol, firearm, the seller shall complete a

record in triplicate on a form provided by the department of state

police. The record shall include the purchaser's concealed weapon

license number 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 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. firearm or the dealer license number of

the federally licensed firearms dealer that

performed the federal national

instant criminal background check.

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, if the firearm is a

pistol, forward 1 copy to the police department of the city,

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

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

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

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

department or county sheriff may be made in person or may be made

by first-class mail or certified mail sent within the 10-day period

to the proper address of the police department or county sheriff. A

purchaser who fails to comply with the requirements of this

subsection is responsible for a state civil infraction and may be

fined not more than $250.00. If a purchaser is found responsible

for a state civil infraction under this subsection, the court shall

notify the department of state police. If the purchaser is licensed

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

that determination.

 

(3) Within 10 days after receiving the record copy for a

pistol 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...”

 

1 comment:

Anonymous said...

BULLSHIT