NTIQUE FIREARMS

House Bill 5427

Sponsor:  Rep. Daniel Acciavatti

House Bill 5428

Sponsor: Rep. Fran Amos

House Bill 5429

Sponsor: Rep. Matt Milosch

Committee:  Conservation and Outdoor Recreation

Complete to 2-17-04

A SUMMARY OF HOUSE BILLS 5427-5429 AS INTRODUCED 1-27-04

The bills would clarify the extent to which Sections 2 and 9 of Public Act 372 of 1927, the concealed weapons law, do not apply to antique firearms.  House Bill 5427 would amend Public Act 372 (MCL 28.432) to specify that purchasing, owning, carrying, possessing, using, or transporting an antique firearm would not be subject to the licensure requirements under section 2 or the requirements that a pistol be subject to a safety inspection conducted by the local police department under section 9.  The bill would import the definition of “antique firearm” from Section 231a of the Michigan Penal Code.  Under that act, “antique firearm” is defined to mean (1) 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 firearm, whether actually manufactured before or after 1898; or (2) 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.

Sections 2 (MCL 28.422) and 9 (MCL 28.429) currently state that they do not apply to, among others, pistols kept solely as relics, curios, or antiques permanently deactivated or not made for modern ammunition.  House Bills 5429 and 5428 would amend these sections, respectively, to delete the reference to antique pistols.

                                                                                           Legislative Analyst:   Mark Wolf

                                                                                                                          

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.