SB-0761, As Passed House, June 13, 2012

SENATE BILL No. 761

(Senate Bill No. 761 as amended December 13, 2011)

October 19, 2011, Introduced by Senators KOWALL, ROBERTSON, JONES, GREEN, MARLEAU, EMMONS, PAPPAGEORGE and MEEKHOF 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 and gas ejecting

devices; to prohibit the buying, selling, or carrying of certain

firearms and gas ejecting devices without a license or other

authorization; to provide for the forfeiture of firearms 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 section 1 (MCL 28.421), as amended by 2008 PA 407.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. <<(1)>> As used in this act:

(a) "Felony" means 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.

(b) "Firearm" means a weapon from which a dangerous projectile

may be propelled by an explosive, or by gas or air. Firearm does

not include a smooth bore rifle or handgun designed and

manufactured exclusively for propelling by a spring, or by gas or

air, ~~BB's~~ BBs not exceeding .177 caliber.

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.

(d) "Peace officer" means, except as otherwise provided in

this act, an individual who is employed as a law enforcement

officer, as that term is defined under section 2 of the commission

on law enforcement standards act, 1965 PA 203, MCL 28.602, by this

state or another state, a political subdivision of this state or

another state, or the United States, and who is required to carry a

firearm in the course of his or her duties as a law enforcement

officer.

(e) "Pistol" means a loaded or unloaded firearm that is 30 26

inches or less in length, or a loaded or unloaded firearm that by

its construction and appearance conceals it as a firearm.

(f) "Purchaser" means a person who receives a pistol from

another person by purchase or gift.

(g) "Reserve peace officer", "auxiliary officer", or "reserve

Senate Bill No. 761 as amended December 13, 2011

as amended May 24, 2012

as amended June 13, 2012

officer" means, except as otherwise provided in this act, an

individual authorized on a voluntary or irregular basis by a duly

authorized police agency of this state or a political subdivision

of this state to act as a law enforcement officer, who is

responsible for the preservation of the peace, the prevention and

detection of crime, and the enforcement of the general criminal

laws of this state, and who is otherwise eligible to possess a

firearm under this act.

(h) "Retired police officer" or "retired law enforcement

officer" means an individual who was a police officer or law

enforcement officer who was certified as described under section 9a

of the commission on the law enforcement standards act, 1965 PA

203, MCL 28.609a, and retired in good standing from his or her

employment as a police officer or law enforcement officer.

(i) "Seller" means a person who sells or gives a pistol to

another person.

(j) "State court judge" means a judge of the district court,

circuit court, probate court, or court of appeals or justice of the

supreme court of this state who is serving either by election or

appointment.

(k) "State court retired judge" means a judge or justice

described in subdivision (j) who is retired, or a retired judge of

the recorders court.

<<[(2) A person may lawfully own, possess, carry, or transport

as a pistol a firearm greater than 26 inches in length if all of the following conditions apply:

(a) The person registered the firearm as a pistol under section

2 or 2a before January 1, 2013.

(b) The person who registered the firearm as described in subdivision (a) has maintained registration of the firearm since

January 1, 2013 without lapse.

to him or her under section 2 or 2a.

(3) A person who satisfies all of the conditions listed under subsection (2) nevertheless may elect to have the firearm not be considered to be a pistol. A person who makes the election under this subsection shall notify the department of state police of the election

in A MANNER PRESCRIBED BY THAT DEPARTMENT.]>>

Enacting section 1. This amendatory act takes effect January

1, [2013].

Enacting section 2. This amendatory act does not take effect

unless all of the following bills of the 96th Legislature are