HOUSE BILL No. 5499

 

March 20, 2012, Introduced by Rep. Franz and referred to the Committee on Judiciary.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending sections 223, 224b, 231a, 232a, and 239a (MCL 750.223,

 

750.224b, 750.231a, 750.232a, and 750.239a), section 223 as amended

 

by 1992 PA 221, sections 224b and 231a as amended by 2008 PA 196,

 

section 232a as amended by 1990 PA 321, and section 239a as amended

 

by 2010 PA 294; and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 223. (1) A person who knowingly sells a pistol without

 

complying with section 2 of Act No. 372 of the Public Acts of 1927,

 

as amended, being section 28.422 of the Michigan Compiled Laws, 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.

 

     (1) (2) A person who knowingly sells a firearm more than 30


 

inches in length to a person under 18 years of age is guilty of a

 

misdemeanor, punishable by imprisonment for not more than 90 days,

 

or a fine of not more than $500.00, or both. A second or subsequent

 

violation of this subsection is a felony punishable by imprisonment

 

for not more than 4 years, or a fine of not more than $2,000.00, or

 

both. It is an affirmative defense to a prosecution under this

 

subsection that the person who sold the firearm asked to see and

 

was shown a driver's license or identification card issued by a

 

state that identified the purchaser as being 18 years of age or

 

older.

 

     (2) (3) A seller shall not sell a firearm or ammunition to a

 

person if the seller knows that either of the following

 

circumstances exists:

 

     (a) The person is under indictment for a felony. As used in

 

this subdivision, "felony" means a violation of a law of this

 

state, or of another state, or of the United States that is

 

punishable by imprisonment for 4 years or more.

 

     (b) The person is prohibited under section 224f from

 

possessing, using, transporting, selling, purchasing, carrying,

 

shipping, receiving, or distributing a firearm.

 

     (3) (4) A person who violates subsection (3) (2) is guilty of

 

a felony, punishable by imprisonment for not more than 10 years, or

 

by a fine of not more than $5,000.00, or both.

 

     (5) As used in this section, "licensed dealer" means a person

 

licensed under section 923 of chapter 44 of title 18 of the United

 

States Code who regularly buys and sells firearms as a commercial

 

activity with the principal objective of livelihood and profit.


 

     Sec. 224b. (1) A person shall not manufacture, sell, offer for

 

sale, or possess a short-barreled shotgun or a short-barreled

 

rifle.

 

     (2) A person who violates this section is guilty of a felony

 

punishable by imprisonment for not more than 5 years or a fine of

 

not more than $2,500.00, or both.

 

     (3) This section does not apply to the sale, offering for

 

sale, or possession of a short-barreled rifle or a short-barreled

 

shotgun which that the secretary of the treasury of the United

 

States of America, or his or her delegate, under 26 USC, sections

 

5801 through 5872, or 18 USC, sections 921 through 928 931, has

 

found to be a curio, relic, antique, museum piece, or collector's

 

item not likely to be used as a weapon. , but only if the person

 

selling, offering for sale or possessing the firearm has also fully

 

complied with section 2 or 2a of 1927 PA 372, MCL 28.422 and

 

28.422a.

 

     (4) Section 20 of chapter 16 XVI of the code of criminal

 

procedure, 1927 PA 175, MCL 776.20, applies to this subsection.

 

     Sec. 231a. (1) Subsection (2) of section 227 does not apply to

 

any of the following:

 

     (a) To a person holding a valid license to carry a pistol

 

concealed upon his or her person issued by his or her state of

 

residence except where the pistol is carried in nonconformance with

 

a restriction appearing on the license.

 

     (b) To the regular and ordinary transportation of pistols as

 

merchandise by an authorized agent of a person licensed to

 

manufacture firearms.


 

     (c) To a person carrying an antique firearm as defined in

 

subsection (2), completely unloaded in a closed case or container

 

designed for the storage of firearms in the trunk of a vehicle.

 

     (d) To a person while transporting a pistol for a lawful

 

purpose that is licensed by the owner or occupant of the in a motor

 

vehicle in compliance with section 2 of 1927 PA 372, MCL 28.422,

 

and if the pistol is unloaded in a closed case designed for the

 

storage of firearms in the trunk of the vehicle.

 

     (e) To a person while transporting a pistol for a lawful

 

purpose that is licensed by the owner or occupant of the motor

 

vehicle in compliance with section 2 of 1927 PA 372, MCL 28.422,

 

and if the pistol is unloaded in a closed case designed for the

 

storage of firearms in a vehicle that does not have a trunk and is

 

not readily accessible to the occupants of the vehicle.

 

     (2) As used in this section:

 

     (a) "Antique firearm" means either of the following:

 

     (i) A firearm not designed or redesigned for using rimfire or

 

conventional center fire ignition with fixed ammunition and

 

manufactured in or before 1898, including a matchlock, flintlock,

 

percussion cap, or similar type of ignition system or replica of

 

such a firearm, whether actually manufactured before or after 1898.

 

     (ii) A firearm using fixed ammunition manufactured in or before

 

1898, for which ammunition is no longer manufactured in the United

 

States and is not readily available in the ordinary channels of

 

commercial trade.

 

     (b) "Lawful purpose" includes the following:

 

     (i) While en route to or from a hunting or target shooting


 

area.

 

     (ii) While transporting a pistol en route to or from his or her

 

home or place of business and place of repair.

 

     (iii) While moving goods from 1 place of abode or business to

 

another place of abode or business.

 

     (iv) While transporting a licensed pistol en route to or from a

 

law enforcement agency or for the purpose of having a law

 

enforcement official take possession of the weapon.

 

     (v) While en route to or from his or her abode or place of

 

business and a gun show or places of purchase or sale.

 

     (vi) While en route to or from his or her abode to a public

 

shooting facility or public land where discharge of firearms is

 

permitted by law, rule, regulation, or local ordinance.

 

     (vii) While en route to or from his or her abode to a private

 

property location where the pistol is to be used as is permitted by

 

law, rule, regulation, or local ordinance.

 

     Sec. 232a. (1) Except as provided in subsection (2), a person

 

who obtains a pistol in violation of section 2 of Act No. 372 of

 

the Public Acts of 1927, as amended, being section 28.422 of the

 

Michigan Compiled Laws, 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.

 

     (2) Subsection (1) does not apply to a person who obtained a

 

pistol in violation of section 2 of Act No. 372 of the Public Acts

 

of 1927 before the effective date of the 1990 amendatory act that

 

added this subsection, who has not been convicted of that

 

violation, and who obtains a license as required under section 2 of


 

Act No. 372 of the Public Acts of 1927 within 90 days after the

 

effective date of the 1990 amendatory act that added this

 

subsection.

 

     (3) A person who intentionally makes a material false

 

statement on an application for a license to purchase a pistol

 

under section 2 of Act No. 372 of the Public Acts of 1927, as

 

amended, 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.

 

     (4) A person who uses or attempts to use false identification

 

or the identification of another person to purchase a firearm 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.

 

     Sec. 239a. (1) A law enforcement agency that seizes or

 

otherwise comes into possession of a firearm or a part of a firearm

 

subject to disposal under section 239 may, instead of forwarding

 

the firearm or part of a firearm to the director of the department

 

of state police or his or her designated representative for

 

disposal under that section, retain that firearm or part of a

 

firearm for the following purposes:

 

     (a) For legal sale or trade to a federally licensed firearm

 

dealer. The proceeds from any sale or trade under this subdivision

 

shall be used by the law enforcement agency only for law

 

enforcement purposes. The law enforcement agency shall not sell or

 

trade a firearm or part of a firearm under this subdivision to any

 

individual who is a member of that law enforcement agency unless

 

the individual is a federally licensed firearms dealer and the sale

 

is made pursuant to a public auction.


 

     (b) For official use by members of the seizing law enforcement

 

agency who are employed as peace officers. A firearm or part of a

 

firearm shall not be sold under this subdivision.

 

     (2) A law enforcement agency that sells or trades any pistol

 

to a licensed dealer under subsection (1)(a) or retains any pistol

 

under subsection (1)(b) shall complete a record of the transaction

 

under section 2 or section 2a, as applicable.in accordance with

 

standards prescribed by the director of the department of state

 

police.

 

     (3) A law enforcement agency that sells or trades a firearm or

 

part of a firearm under this section shall retain a receipt of the

 

sale or trade for a period of not less than 7 years. The law

 

enforcement agency shall make all receipts retained under this

 

subsection available for inspection by the department of state

 

police upon demand and for auditing purposes by the state and the

 

local unit of government of which the agency is a part.

 

     (4) Before disposing of a firearm under this section, the law

 

enforcement agency shall do both of the following:

 

     (a) Determine through the law enforcement information network

 

whether the firearm has been reported lost or stolen. If the

 

firearm has been reported lost or stolen and the name and address

 

of the owner can be determined, the law enforcement agency shall

 

provide 30 days' written notice of its intent to dispose of the

 

firearm under this section to the owner, and allow the owner to

 

claim the firearm within that 30-day period if he or she is

 

authorized to possess the firearm. If the police agency determines

 

that a serial number has been altered or has been removed or


 

obliterated from the firearm, the police agency shall submit the

 

firearm to the department of state police or a forensic laboratory

 

for serial number verification or restoration to determine legal

 

ownership.

 

     (b) Provide 30 days' notice to the public on a website

 

maintained by the law enforcement agency of its intent to dispose

 

of the firearm under this section. The notice shall include a

 

description of the firearm and shall state the firearm's serial

 

number, if the serial number can be determined. The law enforcement

 

agency shall allow the owner of the firearm to claim the firearm

 

within that 30-day period if he or she is authorized to possess the

 

firearm. The 30-day period required under this subdivision is in

 

addition to the 30-day period required under subdivision (a).

 

     (5) The law enforcement agency is immune from civil liability

 

for disposing of a firearm in compliance with this section.

 

     (6) As used in this section, "law enforcement agency" means

 

any agency that employs peace officers.

 

     Enacting section 1. Section 231b of the Michigan penal code,

 

1931 PA 328, MCL 750.231b, is repealed.

 

     Enacting section 2. This amendatory act does not take effect

 

unless House Bill No. 5225 of the 96th Legislature is enacted into

 

law.