FIREARMS LAWS OF MICHIGAN Compiled by the Legislative Service Bureau Pursuant to Act 381 of the Public Acts of 2000 July 1, 2001 PREFACE This publication, Firearms Laws of Michigan, has been prepared by the Legislative Service Bureau pursuant to Act 381 of 2000, which requires the Bureau to "compile the firearms laws of this state, including laws that apply to carrying a concealed pistol ... " MCL 28.425a(9). The firearms laws compiled herein are reprinted from the text of the Michigan Compiled Laws, supplemented through the 2000 Regular Session of the Michigan Legislature. Materials in boldface type, particularly catchlines and annotations to the statutes, are not part of the statutes as enacted by the Legislature. In addition to state statutes concerning firearms, this publication includes selected Michigan Attorney General Opinions that interpret various firearms laws. Also included is a listing of selected state administrative rules that regulate the use of firearms. These rules may be searched and accessed at the following web site: www.state.mi.us/orr. Finally, recent Michigan Supreme Court Administrative Orders concerning security in court facilities are set forth herein. Frequently Asked Questions (FAQs) about firearms, together with answers prepared by the Michigan Department of State Police, may be viewed at, and downloaded from, the State Police web site: http://www.msp.state.mi.us/reports/ccw/ccwques_.htm. Federal firearms laws (Gun Control Act of 1968, "Brady Law," Arms Export Control Act, National Firearms Act, etc.), together with related regulations, are beyond the scope of this publication. Interested persons may access these materials from a number of sources, including the federal Bureau of Alcohol, Tobacco and Firearms (U.S. Department of Treasury) web site: www.atf.treas.gov. This publication, Firearms Laws of Michigan, is available in PDF format at the Michigan Legislature's web site: www.michiganlegislature.org. Legislative Service Bureau State of Michigan Lansing, Michigan July 1, 2001 Constitutional Provisions Constitution of the United States, Second Amendment ............................................................................................1 Constitution of Michigan of 1963, Art I, § 6.............................................................................................................2 Michigan Statutes Purchase of Rifles and Shotguns, Act 207 of 1969...................................................................................................3 Revised Statutes of 1846 (Excerpt) ...........................................................................................................................4 Emergency Powers of Governor (Excerpt), Act 302 of 1945 ...................................................................................5 Michigan State Police (Excerpts), Act 59 of 1935 ....................................................................................................6 Firearms, Act 372 of 1927.........................................................................................................................................8 Explosives Act of 1970, Act 202 of 1970 ...............................................................................................................29 Emergency Management Act (Excerpt), Act 390 of 1976 ......................................................................................32 The Fourth Class City Act (Excerpt), Act 215 of 1895...........................................................................................33 Firearms and Ammunition, Act 319 of 1990...........................................................................................................34 Michigan Vehicle Code (Excerpt), Act 300 of 1949 ...............................................................................................35 Wild Life Sanctuaries (Excerpt), Act 184 of 1929..................................................................................................36 Natural Resources and Environmental Protection Act (Excerpts), Act 451 of 1994 ..............................................37 Public Health Code (Excerpt), Act 368 of 1978......................................................................................................47 Private Detective License Act of 1965 (Excerpt), Act 285 of 1965........................................................................49 Private Security Business and Security Alarm Act (Excerpts), Act 330 of 1968 ...................................................50 The Revised School Code (Excerpts), Act 451 of 1976..........................................................................................51 Rural Cemetery Corporations (Excerpt), Act 12 of 1869........................................................................................55 Revised Judicature Act of 1961 (Excerpts), Act 236 of 1961.................................................................................56 Sport Shooting Ranges, Act 269 of 1989 ................................................................................................................64 Probate Code of 1939 (Excerpts), Act 288 of 1939 ................................................................................................66 The Michigan Penal Code (Excerpts), Act 328 of 1931 .........................................................................................77 Death or Injuries from Firearms, Act 10 of 1952..................................................................................................103 Careless, Reckless, or Negligent Use of Firearms, Act 45 of 1952 ......................................................................104 Spring, Gas, or Air Operated Handguns, Act 186 of 1959....................................................................................105 The Code of Criminal Procedure (Excerpts), Act 175 of 1927.............................................................................106 Crime Victim's Rights Act (Excerpts), Act 87 of 1985.........................................................................................119 Department of Corrections (Excerpt), Act 232 of 1953........................................................................................122 Prison Code (Excerpt), Act 118 of 1893 ...............................................................................................................124 Liquor, Narcotics, and Weapons Prohibited in Prisons (Excerpts), Act 17 of 1909 .............................................125 County Jail Overcrowding State of Emergency, (Excerpts), Act 325 of 1982......................................................126 Alcoholic Liquor, Controlled Substances, and Weapons (Excerpts), Act 7 of 1981.............................................127 Opinions of the Attorney General Opinion No. 5210: Firearms..................................................................................................................................128 Opinion No. 5960: Firearms..................................................................................................................................128 Opinion No. 6015: Weapons .................................................................................................................................130 Opinion No. 6280: Pistols, Short-Barreled Rifle, Short-Barreled Shotgun, Weapons..........................................131 Opinion No. 6406: Concealed Weapons, Fish and Game .....................................................................................134 Opinion No. 6798: Concealed Weapon License....................................................................................................137 Michigan Administrative Rules Rules Regulating Firearms - Catchlines .............................................................................................................140 Supreme Court Administrative Orders Administrative Order No. 2000-1..........................................................................................................................141 Administrative Order No. 2000-3..........................................................................................................................141 TABLE OF CONTENTS CONSTITUTION OF THE UNITED STATES (EXCERPT) We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. AMENDMENT II. A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. CONSTITUTION OF MICHIGAN OF 1963 (EXCERPT) PREAMBLE Preamble. We, the people of the State of Michigan, grateful to Almighty God for the blessings of freedom, and earnestly desiring to secure these blessings undiminished to ourselves and our posterity, do ordain and establish this constitution. ARTICLE I DECLARATION OF RIGHTS § 6 Bearing of arms. Sec. 6. Every person has a right to keep and bear arms for the defense of himself and the state. History: Const. 1963, Art. I, § 6, Eff. Jan. 1, 1964. Former Constitution: See Const. 1908, Art. II, § 5. Const. Art. I, § 6 FIREARMS LAWS OF MICHIGAN - STATE CONSTITUTION 2 PURCHASE OF RIFLES AND SHOTGUNS Act 207 of 1969 AN ACT to permit residents to purchase rifles and shotguns in contiguous states and to provide for reciprocity. History: 1969, Act 207, Imd. Eff. Aug. 6, 1969. The People of the State of Michigan enact: 3.111 Rifles and shotguns; purchases by residents. Sec. 1. Residents of this state may purchase rifles and shotguns in any state contiguous thereto if they conform to the federal gun control act of 1968 and the regulations issued thereunder, as administered by the secretary of the treasury and the laws of the state where the purchase is made. History: 1969, Act 207, Imd. Eff. Aug. 6, 1969. 3.112 Rifles and shotguns; purchases by nonresidents. Sec. 2. Residents of a contiguous state may purchase rifles and shotguns in this state if they conform to the federal gun control act of 1968 and the regulations issued thereunder as administered by the secretary of the treasury and the laws of the state wherein the purchaser resides. History: 1969, Act 207, Imd. Eff. Aug. 6, 1969. 3 FIREARMS LAWS OF MICHIGAN - STATUTES § 3.112 REVISED STATUTES (EXCERPT) R.S. of 1846 AN ACT for revising and consolidating the general statutes of the State of Michigan. Whereas, it is expedient that the general statutes of this state should be consolidated, revised and amended, and arranged in appropriate titles, chapters and sections, and that omissions should be supplied: Therefore, History: R.S. 1846, Ch. 1. Be it enacted by the Senate and House of Representatives of the State of Michigan: In the manner following, that is to say:- CHAPTER 1. OF THE STATUTES. 8.3t "Firearm" defined. Sec. 3t. The word "firearm", except as otherwise specifically defined in the statutes, shall be construed to include any weapon from which a dangerous projectile may be propelled by using explosives, gas or air as a means of propulsion, except any smooth bore rifle or handgun designed and manufactured exclusively for propelling BB's not exceeding .177 calibre by means of spring, gas or air. History: Add. 1959, Act 189, Imd. Eff. July 22, 1959. § 8.3t FIREARMS LAWS OF MICHIGAN - STATUTES 4 EMERGENCY POWERS OF GOVERNOR (EXCERPT) Act 302 of 1945 AN ACT authorizing the governor to proclaim a state of emergency, and to prescribe the powers and duties of the governor with respect thereto; and to prescribe penalties. History: 1945, Act 302, Imd. Eff. May 25, 1945. The People of the State of Michigan enact: 10.31 Proclamation of state of emergency; orders, rules. Sec. 1. During times of great public crisis, disaster, rioting, catastrophe, or similar public emergency within the state, or reasonable apprehension of immediate danger thereof, when public safety is imperiled, either upon application of the mayor of a city, sheriff of a county, the commissioner of the Michigan state police, or upon his own volition, the governor may proclaim a state of emergency and designate the area involved. Following such proclamation or declaration, the governor may promulgate such reasonable orders, rules and regulations as he deems necessary to protect life and property, or to bring the emergency situation within the affected area under control. Without limiting the scope of the same, said orders, rules and regulations may provide for the control of traffic, including public and private transportation, within the area or any section thereof; designation of specific zones within the area in which occupancy and use of buildings and ingress and egress of persons and vehicles may be prohibited or regulated; control of places of amusement and assembly, and of persons on public streets and thoroughfares; establishment of a curfew; control of the sale, transportation and use of alcoholic beverages and liquors; control of the possession, sale, carrying and use of firearms, other dangerous weapons, and ammunition; and control of the storage, use, and transportation of explosives or inflammable materials or liquids deemed to be dangerous to public safety. Such orders, rules and regulations shall be effective from the date and in the manner prescribed in such orders, rules and regulations and shall be made public as provided therein. Such orders, rules and regulations may be amended, modified, or rescinded, in like manner, from time to time by the governor during the pendency of the emergency, but shall cease to be in effect upon declaration by the governor that the emergency no longer exists. History: 1945, Act 302, Imd. Eff. May 25, 1945;-CL 1948, 10.31. 5 FIREARMS LAWS OF MICHIGAN - STATUTES § 10.31 MICHIGAN STATE POLICE (EXCERPTS) Act 59 of 1935 AN ACT to provide for the public safety; to create the Michigan state police, and provide for the organization thereof; to transfer thereto the offices, duties and powers of the state fire marshal, the state oil inspector, the department of the Michigan state police as heretofore organized, and the department of public safety; to create the office of commissioner of the Michigan state police; to provide for an acting commissioner and for the appointment of the officers and members of said department; to prescribe their powers, duties, and immunities; to provide the manner of fixing their compensation; to provide for their removal from office; and to repeal Act No. 26 of the Public Acts of 1919, being sections 556 to 562, inclusive, of the Compiled Laws of 1929, and Act No. 123 of the Public Acts of 1921, as amended, being sections 545 to 555, inclusive, of the Compiled Laws of 1929. History: 1935, Act 59, Imd. Eff. May 17, 1935;-Am. 1939, Act 152, Eff. Sept. 29, 1939. The People of the State of Michigan enact: 28.6c Limited arrest powers for certain security personnel; authorization; exercise; rescission; firearms; exclusion of security personnel from pension, accident, and disability plan. Sec. 6c. (1) The director may authorize, in writing, on forms prescribed by him, limited arrest powers for security personnel employed by the state for the protection of state owned or leased, property or facilities, in the city of Lansing, and in Windsor township of Eaton county. Limited arrest authority may be exercised only when the security employee is on a tour of duty as prescribed by the director upon state owned or leased property and the person is identified by a uniform as a state security employee. Limited arrest power is automatically rescinded upon termination of employment with the state. The director may authorize security employees to carry a firearm while on duty. (2) A security employee granted limited arrest authority by this section shall not be entitled by reason of employment to become a member of the state police pension, accident, and disability plan established by Act No. 251 of the Public Acts of 1935, as amended, being sections 28.101 to 28.110 of the Michigan Compiled Laws, or other similar departmental program. History: Add. 1976, Act 65, Imd. Eff. Mar. 31, 1976. 28.6d Motor carrier enforcement; appointment of officers with limited arrest powers; firearms; circumstances permitting arrest without warrant; officer not entitled to membership in state police pension, accident, and disability plan or similar program. Sec. 6d. (1) The director may appoint officers with limited arrest powers for motor carrier enforcement. Such officers shall be officers of the motor carrier enforcement division of the department and shall have all powers conferred upon peace officers for the purpose of enforcing the general laws of this state as they pertain to commercial vehicles. The director may authorize officers of the motor carrier enforcement division to carry a firearm. (2) In addition to the limited arrest authority granted in subsection (1), an officer of the motor carrier enforcement division, while on duty, may arrest a person without a warrant, if 1 or more of the following circumstances exist: (a) The person commits an assault or an assault and battery punishable under section 81 or 81a of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being sections 750.81 and 750.81a of the Michigan Compiled Laws, against the officer or against another person in the presence of the officer. (b) The officer has reasonable cause to believe that a felony has been committed and reasonable cause to believe that the person committed it. (c) The officer has received positive information by written, telegraphic, teletypic, telephonic, radio, or other authoritative source, that a peace officer holds a warrant for the person's arrest. (d) The person commits a civil infraction or misdemeanor in violation of 1 or more of the following sections of the Michigan vehicle code, Act No. 300 of the Public Acts of 1949: (i) Section 625 or 625b, being sections 257.625 and 257.625b of the Michigan Compiled Laws. (ii) Sections 716 to 726, being sections 257.716 to 257.726 of the Michigan Compiled Laws. (e) The person commits a misdemeanor or felony in violation of chapter LVI of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being sections 750.377 to 750.394 of the Michigan Compiled Laws. (3) An officer appointed by authority of this section shall not be entitled by reason of employment to become a member of the state police pension, accident, and disability plan established by Act No. 251 of the Public Acts of 1935, being sections 28.101 to 28.110 of the Michigan Compiled Laws, or other similar department program. History: Add. 1982, Act 531, Imd. Eff. Dec. 31, 1982. § 28.6c FIREARMS LAWS OF MICHIGAN - STATUTES 6 28.8 Officers; grades; powers and duties; transportation of officers and civilian employees. Sec. 8. The grades and duties of the officers of the department shall be colonel, lieutenant colonel, major, captain, lieutenant, sergeant, trooper, and policewoman. The officers shall be authorized to carry arms either openly or concealed. Every member of the department shall be subject to orders at any time, the officers shall at all times have the authority to apprehend criminals and preserve law and order. Officers and civilian employees of the department when traveling on duty shall be entitled to transportation upon any railroad, passenger steamboat line, airline, or passenger bus line, upon presentation of a requisition for the transportation signed by the director and the carriers shall be entitled to compensation for transportation furnished out of moneys appropriated for the department. History: 1935, Act 59, Imd. Eff. May 17, 1935;-CL 1948, 28.8;-Am. 1976, Act 7, Imd. Eff. Feb. 11, 1976. 28.16 Firearms safety program; public service announcements; "weapon free school zones" defined; availability of program and public service announcements. Sec. 16. (1) The department shall establish and maintain a firearms safety program to educate children about the dangerous nature and safe handling of firearms. The department shall make the program available to local school districts. (2) The department shall produce or arrange for the production of public service announcements to educate the public about the need to keep firearms and other weapons securely stored so that they are not accessible to children and the need to operate or use firearms or other weapons in a safe and lawful manner. (3) The department shall produce or arrange for the production of public service announcements to educate the public about weapon free school zones. As used in this subsection, "weapon free school zone" means that term as defined in section 237a of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being section 750.237a of the Michigan Compiled Laws. (4) The department shall make the public service announcements described in subsections (2) and (3) available to television and radio stations throughout this state. History: Add. 1993, Act 321, Eff. Apr. 1, 1994. 7 FIREARMS LAWS OF MICHIGAN - STATUTES § 28.16 FIREARMS Act 372 of 1927 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. History: 1927, Act 372, Eff. Sept. 5, 1927;-Am. 1929, Act 206, Imd. Eff. May 20, 1929;-Am. 1931, Act 333, Imd. Eff. June 16, 1931;-Am. 1980, Act 345, Eff. Mar. 31, 1981;-Am. 1990, Act 320, Eff. Mar. 28, 1991;-Am. 2000, Act 265, Imd. Eff. June 29, 2000;-Am. 2000, Act 381, Eff. July 1, 2001. The People of the State of Michigan enact: 28.421 Definitions. Sec. 1. As used in this act: (a) "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 not exceeding .177 caliber. (b) "Pistol" means a loaded or unloaded firearm that is 30 inches or less in length, or a loaded or unloaded firearm that by its construction and appearance conceals it as a firearm. (c) "Purchaser" means a person who receives a pistol from another person by purchase or gift. (d) "Seller" means a person who sells or gives a pistol to another person. History: 1927, Act 372, Eff. Sept. 5, 1927;-CL 1929, 16749;-CL 1948, 28.421;-Am. 1964, Act 216, Eff. Aug. 28, 1964;-Am. 1992, Act 219, Imd. Eff. Oct. 13, 1992;-Am. 2000, Act 381, Eff. July 1, 2001. 28.421a Concealed pistol licenses; issuance; creation of standardized system. Sec. 1a. It is the intent of the legislature to create a standardized system for issuing concealed pistol licenses to prevent criminals and other violent individuals from obtaining a license to carry a concealed pistol, to allow law abiding residents to obtain a license to carry a concealed pistol, and to prescribe the rights and responsibilities of individuals who have obtained a license to carry a concealed pistol. It is also the intent of the legislature to grant an applicant the right to know why his or her application for a concealed pistol license is denied and to create a process by which an applicant may appeal that denial. History: Add. 2000, Act 381, Eff. July 1, 2001. 28.422 License to purchase, carry, or transport pistol; issuance; qualifications; applications; sale of pistol; exemptions; basic pistol safety brochure; forging application; implementation during business hours. Sec. 2. (1) Except as provided in subsection (2), a person shall not purchase, carry, or transport a pistol in this state without first having obtained a license for the pistol as prescribed in this section. (2) A person who brings a pistol 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 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, or transport pistols, 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, or transport pistols to qualified applicants residing within the city, village, township, or county, as applicable 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 that would violate a law of this or another state or of the United States. An applicant is qualified if all of the following circumstances exist: (a) The person is not subject to an order or disposition for which he or she has received notice and an opportunity for a hearing, and which was entered into the law enforcement information network pursuant to any of the following: (i) Section 464a(1) of the mental health code, Act No. 258 of the Public Acts of 1974, being section 330.1464a of the Michigan Compiled Laws. (ii) Section 444a(1) of the revised probate code, Act No. 642 of the Public Acts of 1978, being section 700.444a of the Michigan Compiled Laws. § 28.421 FIREARMS LAWS OF MICHIGAN - STATUTES 8 (iii) Section 2950(9) of the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being section 600.2950 of the Michigan Compiled Laws. (iv) Section 2950a(7) of Act No. 236 of the Public Acts of 1961, being section 600.2950a of the Michigan Compiled Laws. (v) Section 14(7) of chapter 84 of the Revised Statutes of 1846, being section 552.14 of the Michigan Compiled Laws. (vi) Section 6b(5) of chapter V of the code of criminal procedure, Act No. 175 of the Public Acts of 1927, being section 765.6b of the Michigan Compiled Laws, if the order has a condition imposed pursuant to section 6b(3) of chapter V of Act No. 175 of the Public Acts of 1927. (vii) Section 16b(1) of chapter IX of Act No. 175 of the Public Acts of 1927, being section 769.16b of the Michigan Compiled Laws. (b) The person is 18 years of age or older or, if the seller is licensed pursuant to section 923 of title 18 of the United States Code, 18 U.S.C. 923, is 21 years of age or older. (c) The person is a citizen of the United States and is a legal resident of this state. (d) A felony charge against the person is not pending at the time of application. (e) The person is not prohibited from possessing, using, transporting, selling, purchasing, carrying, shipping, receiving, or distributing a firearm under section 224f of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being section 750.224f of the Michigan Compiled Laws. (f) The person has not been adjudged insane in this state or elsewhere unless he or she has been adjudged restored to sanity by court order. (g) The person is not under an order of involuntary commitment in an inpatient or outpatient setting due to mental illness. (h) The person has not been adjudged legally incapacitated in this state or elsewhere. This subdivision does not apply to a person who has had his or her legal capacity restored by order of the court. (i) The person correctly answers 70% or more of the questions on a basic pistol safety review questionnaire approved by the basic pistol safety review board and provided to the individual free of charge by the licensing authority. If the person fails to correctly answer 70% or more of the questions on the basic pistol safety review questionnaire, the licensing authority shall inform the person of the questions he or she answered incorrectly and allow the person to attempt to complete another basic pistol safety review questionnaire. The person shall not be allowed to attempt to complete more than 2 basic pistol safety review questionnaires on any single day. The licensing authority shall allow the person to attempt to complete the questionnaire during normal business hours on the day the person applies for his or her license. (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, or transport pistols 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. (5) Upon the sale of the pistol, the seller shall fill out the license forms describing the pistol sold, together with the date of sale, and sign his or her name in ink indicating that the pistol was sold to the licensee. The licensee shall also sign his or her name in ink indicating the purchase of the pistol from the seller. The seller may retain a copy of the license as a record of the sale of the pistol. The licensee shall return 2 copies of the license to the licensing authority within 10 days following the purchase of the pistol. (6) One copy of the license shall be retained by the licensing authority as an official record for a period of 6 years. The other copy of the license shall be forwarded by the licensing authority within 48 hours to the director of the department of state police. A license is void unless used within 10 days after the date of its issue. (7) This section does not apply to the purchase of pistols from wholesalers by dealers regularly engaged in the business of selling pistols at retail, or to the sale, barter, or exchange of pistols kept solely as relics, curios, or antiques not made for modern ammunition or permanently deactivated. This section does not prevent the transfer of ownership of pistols 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. (8) The licensing authority shall provide a basic pistol safety brochure to each applicant for a license under this section before the applicant answers the basic pistol safety review questionnaire. A basic pistol safety brochure shall contain, but is not limited to providing, information on all of the following subjects: (a) Rules for safe handling and use of pistols. (b) Safe storage of pistols. (c) Nomenclature and description of various types of pistols. (d) The responsibilities of owning a pistol. (9) The basic pistol safety brochure shall be supplied in addition to the safety pamphlet required by section 9b. 9 FIREARMS LAWS OF MICHIGAN - STATUTES § 28.422 (10) The basic pistol safety brochure required in subsection (8) shall be produced by a national nonprofit membership organization that provides voluntary pistol safety programs that include training individuals in the safe handling and use of pistols. (11) 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. (12) 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 (6). History: 1927, Act 372, Eff. Sept. 5, 1927;-CL 1929, 16750;-Am. 1931, Act 333, Imd. Eff. June 16, 1931;-Am. 1941, Act 112, Imd. Eff. May 21, 1941;-Am. 1943, Act 51, Imd. Eff. Mar. 30, 1943;-CL 1948, 28.422;-Am. 1949, Act 170, Eff. Sept. 23, 1949;-Am. 1957, Act 259, Eff. Sept. 27, 1957;-Am. 1964, Act 216, Eff. Aug. 28, 1964;-Am. 1967, Act 158, Eff. Nov. 2, 1967;-Am. 1968, Act 301, Eff. Nov. 15, 1968;-Am. 1972, Act 15, Imd. Eff. Feb. 19, 1972;-Am. 1986, Act 161, Eff. Aug. 1, 1986;-Am. 1990, Act 320, Eff. Mar. 28, 1991;-Am. 1992, Act 219, Imd. Eff. Oct. 13, 1992;- Am. 1992, Act 220, Imd. Eff. Oct. 13, 1992;-Am. 1994, Act 338, Eff. Apr. 1, 1996. Constitutionality: The Michigan Court of Appeals held in Chan v City of Troy, 220 Mich App 376; 559 NW2d 374 (1997), that the citizen requirement, now MCL 28.422(3)(c), for a permit to purchase a pistol contained in MCL 28.422(3)(b) violates the Equal Protection Clause of the Fourteenth Amendment and is unconstitutional. 28.422a Individual licensed under § 28.425b; sales record; exemption; materially false statement as felony; penalty; rules. Sec. 2a. (1) An individual who is licensed under section 5b to carry a concealed pistol is not required to obtain a license under section 2 to purchase, carry, or transport a pistol. (2) If an individual licensed under section 5b purchases a pistol, the seller shall complete a sales record in triplicate on a form provided by the department of state police. The record shall include the individual's concealed weapon license number. The individual purchasing the pistol shall sign the record. The seller shall retain 1 copy of the record, provide 1 copy to the individual purchasing the pistol, and forward the original to the department of state police within 10 days following the purchase. (3) This section does not apply to a person or entity exempt under section 2(7). (4) 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. (5) The department of state police may promulgate rules to implement this section. History: Add. 2000, Act 381, Eff. July 1, 2001. Compiler's note: Former § 28.422a, which pertained to a basic pistol safety brochure, was repealed by Act 220 of 1992, Imd. Eff. Oct. 13, 1992. 28.422b Entry of order or disposition into Law Enforcement Information Network; written notice; person subject of order; request to amend inaccuracy; notice of grant or denial of request; hearing; exemption from public disclosure. Sec. 2b. (1) Upon entry of an order or disposition into the law enforcement information network under any provision of law described in section 2(3)(a), the department of state police shall immediately send written notice of that entry to the person who is the subject of the order or disposition. The notice shall be sent by first-class mail to the last known address of the person. The notice shall include at least all of the following: (a) The name of the person. (b) The date the order or disposition was entered into the law enforcement information network. (c) A statement that the person cannot obtain a license to purchase a pistol or obtain a concealed weapon license until the order or disposition is removed from the law enforcement information network. (d) A statement that the person may request that the state police correct or expunge inaccurate information entered into the law enforcement information network. (2) A person who is the subject of an order entered into the law enforcement information network under any provision of law described in section 2(3)(a) may request that the department of state police do either of the following: (a) Amend an inaccuracy in the information entered into the law enforcement information network under any provision of law described in section 2(3)(a). (b) Expunge the person's name and other information concerning the person from the law enforcement information network regarding 1 or more specific entries in the law enforcement information network under any provision of law described in section 2(3)(a) because 1 or more of the following circumstances exist: (i) The person is not subject to an order of involuntary commitment in an inpatient or outpatient setting due to mental illness. (ii) The person is not subject to an order or disposition determining that the person is legally incapacitated. (iii) The person is not subject to an injunctive order that prohibits the purchase or possession of a firearm by the person issued under any of the following: (A) Section 2950 of the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being section 600.2950 of the Michigan Compiled Laws. § 28.422 FIREARMS LAWS OF MICHIGAN - STATUTES 10 (B) Section 2950a of Act No. 236 of the Public Acts of 1961, being section 600.2950a of the Michigan Compiled Laws. (C) Section 14 of chapter 84 of the Revised Statutes of 1846, being section 552.14 of the Michigan Compiled Laws. (iv) The person is not subject to an order for release subject to protective conditions that prohibits the purchase or possession of a firearm by the person issued under section 6b of chapter V of Act No. 175 of the Public Acts of 1927, being section 765.6b of the Michigan Compiled Laws. (3) Before the expiration of 30 days after a request is made to amend an inaccuracy in the law enforcement information network under subsection (2)(a) or to expunge 1 or more specific entries from the law enforcement information network under subsection (2)(b)(i) to (iv), the department of state police shall conduct an investigation concerning the accuracy of the information contained in the law enforcement information network, either grant or deny the request and provide the person with written notice of that grant or denial. A notice of denial shall include a statement specifying the basis of the denial, and that a person may appeal the denial pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws. (4) If the department of state police refuses a request by a person for amendment or expunction under subsection (2), or fails to act within 30 days after receiving the request under subsection (2), the person may request a hearing before a hearing officer appointed by the department of state police for a determination of whether information entered into the law enforcement information network should be amended or expunged because it is inaccurate or false. The department of state police shall conduct the hearing pursuant to Act No. 306 of the Public Acts of 1969. (5) Information contained in an order or disposition filed with the department of state police under any provision of law described in section 2(3)(a)(i) to (vii) is exempt from public disclosure under the freedom of information act, Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws. History: Add. 1994, Act 338, Eff. Apr. 1, 1996. 28.423 Repealed. 2000, Act 381, Eff. July 1, 2001. Compiler's note: The repealed section pertained to application fee. 28.424 Restoration of rights by concealed weapons licensing board; application; fee; determination; circumstances; judicial review. Sec. 4. (1) A person who is prohibited from possessing, using, transporting, selling, purchasing, carrying, shipping, receiving, or distributing a firearm under section 224f(2) of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being section 750.224f of the Michigan Compiled Laws, may apply to the concealed weapons licensing board in the county in which he or she resides for restoration of those rights. (2) Not more than 1 application may be submitted under subsection (1) in any calendar year. The concealed weapons licensing board may charge a fee of not more than $10.00 for the actual and necessary expenses of each application. (3) The concealed weapons licensing board shall, by written order of the board, restore the rights of a person to possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm if the board determines, by clear and convincing evidence, that all of the following circumstances exist: (a) The person properly submitted an application for restoration of those rights as provided under this section. (b) The expiration of 5 years after all of the following circumstances: (i) The person has paid all fines imposed for the violation resulting in the prohibition. (ii) The person has served all terms of imprisonment imposed for the violation resulting in the prohibition. (iii) The person has successfully completed all conditions of probation or parole imposed for the violation resulting in the prohibition. (c) The person's record and reputation are such that the person is not likely to act in a manner dangerous to the safety of other persons. (4) If the concealed weapons licensing board pursuant to subsection (3) refuses to restore a right under this section, the person may petition the circuit court for review of that decision. History: Add. 1992, Act 219, Imd. Eff. Oct. 13, 1992. Compiler's note: Former section 4 of this act was not compiled. 28.425 Concealed pistol application kits. Sec. 5. (1) County sheriffs, local police agencies, and county clerks shall provide concealed pistol application kits during normal business hours and free of charge to individuals who wish to apply for licenses to carry concealed pistols. Each kit shall only contain all of the following: (a) A concealed pistol license application form provided by the director of the department of state police. (b) The fingerprint cards required under section 5b(11). 11 FIREARMS LAWS OF MICHIGAN - STATUTES § 28.425 (c) Written information regarding the procedures involved in obtaining a license to carry a concealed pistol, including information regarding the right to appeal the denial of a license and the form required for that appeal. (d) Written information identifying entities that offer the training required under section 5b(7)(c). (2) A county sheriff, local police agency, or county clerk shall not deny an individual the right to receive a concealed pistol application kit under this section. (3) An individual who is denied an application kit under this section and obtains an order of mandamus directing the concealed weapon licensing board to provide him or her with the application kit shall be awarded his or her actual and reasonable costs and attorney fees for obtaining the order. (4) The department of state police shall provide the application kits required under this section to county sheriffs, local law enforcement agencies, and county clerks in sufficient quantities to meet demand. The department of state police shall not charge a fee for the kits. History: Add. 2000, Act 381, Eff. July 1, 2001. 28.425a Concealed weapon licensing board; membership; quorum; voting; clerk; authority and duties; panel; investigation of license applicant; temporary license; compilation of firearms laws by legislative service bureau; distribution; statement. Sec. 5a. (1) Each county shall have a concealed weapon licensing board. The concealed weapon licensing board of each county shall have the following members: (a) The county prosecuting attorney or his or her designee. However, if the county prosecuting attorney decides that he or she does not want to be a member of the concealed weapon licensing board, he or she shall notify the county board of commissioners in writing that he or she does not want to be a member of the concealed weapon licensing board for the balance of his or her term in office. The county board of commissioners shall then appoint a replacement for the prosecuting attorney who is a firearms instructor who has the qualifications prescribed in section 5j(1)(c). The person who replaces the prosecuting attorney shall serve on the concealed weapon licensing board in place of the prosecuting attorney for the remaining term of the county prosecuting attorney unless removed for cause by the county board of commissioners. If a vacancy occurs on the concealed weapon licensing board of the person appointed pursuant to this section during the term of office of the county prosecuting attorney, the county board of commissioners shall appoint a replacement person who is a firearms instructor who has the qualifications prescribed in section 5j(1)(c). (b) The county sheriff or his or her designee. (c) The director of the department of state police or his or her designee. (2) If a prosecuting attorney chooses not to be a member of the concealed weapon licensing board, all of the following apply: (a) The prosecuting attorney shall be notified of all applications received by the concealed weapon licensing board. (b) The prosecuting attorney shall be given an opportunity to object to granting a license to carry a concealed pistol and present evidence bearing directly on an applicant's suitability to carry a concealed pistol safely. (c) The prosecuting attorney shall disclose to the concealed weapon licensing board any information of which he or she has actual knowledge that bears directly on an applicant's suitability to carry a concealed pistol safely. (3) The county prosecuting attorney or his or her designee shall serve as chairperson of the board unless the prosecuting attorney does not want to be a member of the concealed weapon licensing board, in which case the concealed weapon licensing board shall elect its chairperson. Two members of the concealed weapon licensing board constitute a quorum of the concealed weapon licensing board. The business of the concealed weapon licensing board shall be conducted by a majority vote of all of the members of the concealed weapon licensing board. (4) The county clerk shall serve as the clerk of the concealed weapon licensing board. (5) Except as otherwise provided in this act, the concealed weapon licensing board has exclusive authority to issue, deny, revoke, or suspend a license to carry a concealed pistol. The concealed weapon licensing board shall perform other duties as provided by law. (6) The concealed weapon licensing board may convene not more than 3 panels to assist the board in evaluating applicants. The panels shall be composed of representatives as prescribed in subsection (1). The panels do not have the authority to issue, deny, revoke, or suspend a license. (7) The concealed weapon licensing board may investigate the applicant for a license to carry a concealed pistol. The investigation shall be restricted to determining only whether the applicant is eligible under this act to receive a license to carry a concealed pistol, and the investigation regarding the issuance of a license shall end after that determination is made. The concealed weapon licensing board may require the applicant to appear before the board at a mutually agreed-upon time for a conference. The applicant's failure or refusal to appear without valid reason before the concealed weapon licensing board as provided in this subsection is grounds for the board to deny issuance of a license to carry a concealed pistol to that applicant. § 28.425 FIREARMS LAWS OF MICHIGAN - STATUTES 12 (8) If the concealed weapon licensing board determines there is probable cause to believe the safety of the applicant or the safety of a member of the applicant's family is endangered by the applicant's inability to immediately obtain a license to carry a concealed pistol, the concealed weapon licensing board may, pending issuance of a license, issue a temporary license to the individual to carry a concealed pistol. A temporary license shall be on a form provided by the department of state police. A temporary license shall be unrestricted and shall be valid for not more than 180 days. A temporary license may be renewed for 1 additional period of not more than 180 days. A temporary license is, for all other purposes of this act, a license to carry a concealed pistol. (9) 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 to each concealed weapon licensing board in this state for distribution under this subsection. A concealed weapon licensing board shall distribute a copy of the compilation to each individual who applies for a license to carry a concealed pistol at the time the application is submitted. The concealed weapon licensing board shall require the applicant to sign a written statement acknowledging that he or she has received a copy of the compilation. An individual is not eligible to receive a license to carry a concealed pistol until he or she has signed the statement. History: Add. 2000, Act 381, Eff. July 1, 2001. 28.425b License application; fee; verification of requirements; determination; circumstances for issuance; fingerprints; issuance or denial; temporary license; definitions. Sec. 5b. (1) To obtain a license to carry a concealed pistol, an individual shall apply to the concealed weapon licensing board in the county in which that individual resides for a license to carry a concealed pistol. The application shall be filed with the county clerk as clerk of the concealed weapon licensing board during the county clerk's normal business hours. The application shall be on a form provided by the director of the department of state police and shall allow the applicant to designate whether the applicant seeks a temporary license. The application shall be signed under oath by the applicant. The oath shall be administered by the county clerk or his or her representative. The application shall contain all of the following information: (a) The applicant's legal name, date of birth, and the address of his or her primary residence. If the applicant resides in a city, village, or township that has a police department, the information provided under this subdivision shall include a statement that the city, village, or township has a police department. (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 providing authority to the concealed weapon licensing board to access any record pertaining to the qualifications of an applicant for a license to carry a concealed pistol under this act. (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, and granting authority to the concealed weapon licensing board to access the mental health records of the applicant relating to his or her mental health history. The applicant may request that information received by the concealed weapon licensing board under this subdivision be reviewed in a closed session. If the applicant requests that the session be closed, the concealed weapon licensing board shall close the session only for purposes of this subdivision. The applicant and his or her representative have the right to be present in the closed session. Information received by the concealed weapon licensing board under this subdivision is confidential and shall not be disclosed to any person except for purposes of this act. (e) A statement by the applicant regarding whether he or she has ever been convicted in this state or elsewhere for any felony or misdemeanor. (f) A statement by the applicant whether he or she is dishonorably discharged from the United States armed forces. (g) If the applicant seeks a temporary license, the facts supporting the issuance of that temporary license. (h) A statement setting forth the names, residential addresses, and telephone numbers of 2 individuals who are references for the applicant. (i) A passport-quality photograph of the applicant provided by the applicant. (2) The application form shall 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 concealed weapon licensing board shall retain a copy of each application for a license to carry a concealed pistol as an official record. (5) Each applicant shall pay a fee of $55.00 by any method of payment accepted by that county for payments of other fees and penalties, plus an additional assessment of $5.00 for deposit in the concealed weapon enforcement fund under section 5v at the time of filing an application under this section. A unit of local government, an agency of a unit of local government, or 13 FIREARMS LAWS OF MICHIGAN - STATUTES § 28.425b an agency or department of this state shall not charge an additional fee, assessment, or other amount in connection with a license under this section, other than the fingerprint fee provided for in this act. The fee and assessment shall be payable to the county. The county treasurer shall deposit $10.00 of each fee collected under this section in the general fund of the county to the credit of the county clerk and forward the balance 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 state treasurer shall deposit the assessment in the concealed weapon enforcement fund created in section 5v. Each county shall report to the senate and house fiscal agencies by October 1 of each year its costs per applicant to implement this section. (6) The county sheriff on behalf of the concealed weapon licensing board shall verify the requirements of subsection (7)(d), (e), (f), (h), (i), (j), (k), (l), and (m) through the law enforcement information network and report his or her finding to the concealed weapon licensing board. If the applicant resides in a city, village, or township that has a police department, the concealed weapon licensing board shall contact that city, village, or township police department to determine only whether that city, village, or township police department has any information relevant to the investigation of whether the applicant is eligible under this act to receive a license to carry a concealed pistol. (7) The concealed weapon licensing board shall issue a license to an applicant to carry a concealed pistol within the period required under this act after the applicant properly submits an application under subsection (1) and the concealed weapon licensing board 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 a resident legal alien as defined in section 11 of title 18 of the United States Code, is a resident of this state, and has resided in this state for at least 6 months. The concealed weapon licensing board may waive the 6-month residency requirement for a temporary license under section 5a(8) if the concealed weapon licensing board determines there is probable cause to believe the safety of the applicant or the safety of a member of the applicant's family is endangered by the applicant's inability to immediately obtain a license to carry a concealed pistol. (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, and that is available to the general public and presented by a law enforcement agency, junior or community college, college, or public or private institution or organization or firearms training school. (d) 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) Former section 444a of the revised probate code, 1978 PA 642, MCL 700.444a, or 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 pursuant to 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) 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) 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 is not dishonorably discharged from the United States armed forces. (h) 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: (i) Section 625(1) of the Michigan vehicle code, 1949 PA 300, MCL 257.625, punishable as provided in subsection (8)(b) of that section (drunk driving, second offense). (ii) Section 626 of the Michigan vehicle code, 1949 PA 300, MCL 257.626 (reckless driving). (iii) Section 904(1) of the Michigan vehicle code, 1949 PA 300, MCL 257.904 (driving while license suspended or revoked), punishable as a second or subsequent offense. (iv) Section 29 of 1964 PA 283, MCL 290.629 (hindering or obstructing weights and measures enforcement officer). (v) 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). (vi) Section 7403 of the public health code, 1978 PA 368, MCL 333.7403. (vii) Section 7 of 1978 PA 33, MCL 722.677 (displaying sexually explicit materials to minors). (viii) Section 81 of the Michigan penal code, 1931 PA 328, MCL 750.81 (assault or domestic assault). (ix) Section 81a(1) or (2) of the Michigan penal code, 1931 PA 328, MCL 750.81a (aggravated assault or aggravated domestic assault). (x) Section 136b(5) of the Michigan penal code, 1931 PA 328, MCL 750.136b (fourth degree child abuse). § 28.425b FIREARMS LAWS OF MICHIGAN - STATUTES 14 (xi) Section 145a of the Michigan penal code, 1931 PA 328, MCL 750.145a (accosting, enticing, or soliciting a child for immoral purposes). (xii) Section 145n of the Michigan penal code, 1931 PA 328, MCL 750.145n (vulnerable adult abuse). (xiii) Section 157b(3)(b) of the Michigan penal code, 1931 PA 328, MCL 750.157b (solicitation to commit a felony). (xiv) Section 215 of the Michigan penal code, 1931 PA 328, MCL 750.215 (impersonating sheriff, conservation officer, coroner, constable, or police officer). (xv) Section 223 of the Michigan penal code, 1931 PA 328, MCL 750.223 (illegal sale of a firearm or ammunition). (xvi) Section 224d of the Michigan penal code, 1931 PA 328, MCL 750.224d (illegal sale of a self-defense spray). (xvii) Section 226a of the Michigan penal code, 1931 PA 328, MCL 750.226a (sale or possession of a switchblade). (xviii) Section 227c of the Michigan penal code, 1931 PA 328, MCL 750.227c (improper transportation of a firearm). (xix) Section 228 of the Michigan penal code, 1931 PA 328, MCL 750.228 (failure to have a pistol inspected). (xx) Section 229 of the Michigan penal code, 1931 PA 328, MCL 750.229 (accepting a pistol in pawn). (xxi) Section 232 of the Michigan penal code, 1931 PA 328, MCL 750.232 (failure to register the purchase of a firearm or a firearm component). (xxii) Section 232a of the Michigan penal code, 1931 PA 328, MCL 750.232a (improperly obtaining a pistol, making a false statement on an application to purchase a pistol, or using false identification to purchase a pistol). (xxiii) Section 233 of the Michigan penal code, 1931 PA 328, MCL 750.233 (intentionally aiming a firearm without malice). (xxiv) Section 234 of the Michigan penal code, 1931 PA 328, MCL 750.234 (intentionally discharging a firearm aimed without malice). (xxv) Section 234d of the Michigan penal code, 1931 PA 328, MCL 750.234d (possessing a firearm on prohibited premises). (xxvi) Section 234e of the Michigan penal code, 1931 PA 328, MCL 750.234e (brandishing a firearm in public). (xxvii) Section 234f of the Michigan penal code, 1931 PA 328, MCL 750.234f (possession of a firearm by an individual less than 18 years of age). (xxviii) Section 235 of the Michigan penal code, 1931 PA 328, MCL 750.235 (intentionally discharging a firearm aimed without malice causing injury). (xxix) Section 235a of the Michigan penal code, 1931 PA 328, MCL 750.235a (parent of a minor who possessed a firearm in a weapon free school zone). (xxx) Section 236 of the Michigan penal code, 1931 PA 328, MCL 750.236 (setting a spring gun or other device). (xxxi) Section 237 of the Michigan penal code, 1931 PA 328, MCL 750.237 (possessing a firearm while under the influence of intoxicating liquor or a drug). (xxxii) Section 237a of the Michigan penal code, 1931 PA 328, MCL 750.237a (weapon free school zone violation). (xxxiii) Section 411h of the Michigan penal code, 1931 PA 328, MCL 750.411h (stalking). (xxxiv) Section 1 of 1952 PA 45, MCL 752.861 (reckless, careless, or negligent use of a firearm resulting in injury or death). (xxxv) Section 2 of 1952 PA 45, MCL 752.862 (careless, reckless, or negligent use of a firearm resulting in property damage). (xxxvi) Section 3a of 1952 PA 45, MCL 752.863a (reckless discharge of a firearm). (xxxvii) 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 (xxxvi). (i) The applicant has not been convicted of any other misdemeanor in this state or elsewhere, in the 3 years immediately preceding the date of application. (j) 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) The applicant has never been subject to an order of involuntary commitment in an inpatient or outpatient setting due to mental illness. (l) The applicant does not have a diagnosed mental illness at the time the application is made regardless of whether he or she is receiving treatment for that illness. (m) The applicant is not under a court order of legal incapacity in this state or elsewhere. (n) 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, and that is available to the general public and presented by a law enforcement agency, junior or community college, college, or public or private institution or organization or firearms training school. 15 FIREARMS LAWS OF MICHIGAN - STATUTES § 28.425b (o) Issuing a license to the applicant to carry a concealed pistol in this state is not detrimental to the safety of the applicant or to any other individual. A determination under this subdivision shall be based on clear and convincing evidence of civil infractions, crimes, personal protection orders or injunctions, or police reports or other clear and convincing evidence of the actions of, or statements of, the applicant that bear directly on the applicant's ability to carry a concealed pistol. (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 shall not be removed from the law enforcement information network, but may be moved to a separate file intended for the use of the county concealed weapon licensing boards, the courts, and other government entities as necessary and exclusively to determine eligibility to be licensed under this act. (9) Before submitting an application under this section, the individual shall have 2 sets of classifiable fingerprints taken by the county sheriff. A sheriff may charge a fee for the actual and reasonable costs of taking the fingerprints, but not more than $15.00. (10) The county sheriff shall take the fingerprints of an individual within the expiration of 5 business days after the individual requests his or her fingerprints to be taken under subsection (9). (11) One set of fingerprints taken under subsection (9) shall be taken on a form furnished by the department of state police and provided to the applicant under section 5. That set of fingerprints shall be forwarded immediately by the county sheriff to the department of state police. The department of state police shall compare that set of fingerprints with fingerprints already on file with the department of state police. The other set of fingerprints taken under subsection (9) shall be taken on a form furnished by the federal bureau of investigation and provided to the applicant under section 5. That set of fingerprints shall be forwarded immediately by the county sheriff to the department of state police who shall forward that set of fingerprints to the federal bureau of investigation or an entity designated by the federal bureau of investigation to receive those fingerprints. The request shall state that the department of state police is to be provided with the report of the comparison. The department of state police shall within 10 days after receiving the report provide a copy of both comparisons to the county sheriff who took the fingerprints and to the concealed weapon licensing board of the county in which the applicant resides. The concealed weapon licensing board shall not issue a concealed weapon license under this section to an applicant until the concealed weapon licensing board has received the fingerprint comparison reports required under this subsection. The concealed weapon licensing board is not required to issue a concealed weapons license to an applicant if that applicant's fingerprints are determined to be unclassifiable by the federal bureau of investigation. (12) The concealed weapon licensing board shall deny a license to an applicant to carry a concealed pistol if the applicant is not qualified under subsection (7) to receive that license. (13) 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. (14) Subject to subsections (11) and (15), the concealed weapon licensing board shall issue or deny issuance of a license within 30 days after the concealed weapon licensing board receives the fingerprint comparison report provided under subsection (11). If the concealed weapon licensing board denies issuance of a license to carry a concealed pistol, the concealed weapon licensing board shall within 5 business days do both of the following: (a) Inform the applicant in writing of the reasons for the denial. Information under this subdivision shall include all of the following: (i) A statement of the specific and articulable facts supporting the denial. (ii) Copies of any writings, photographs, records, or other documentary evidence upon which the denial is based. (b) Inform the applicant in writing of his or her right to appeal the denial to the circuit court as provided in section 5d. (15) If the fingerprint comparison report is not received by the concealed weapon licensing board within 30 days after the fingerprint report is forwarded to the department of state police by the federal bureau of investigation, the concealed weapon licensing board shall issue a temporary license to carry a concealed pistol to the applicant if the applicant is otherwise qualified for a license. A temporary license issued under this section is valid for 180 days or until the concealed weapon licensing board receives the fingerprint comparison report provided under subsection (11) and issues or denies issuance of a license to carry a concealed pistol as otherwise provided under this act. Upon issuance or the denial of issuance of the license to carry a concealed pistol to an applicant who received a temporary license under this section, the applicant shall immediately surrender the temporary license to the concealed weapon licensing board that issued that temporary license. (16) As used in this section: (a) "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) "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. § 28.425b FIREARMS LAWS OF MICHIGAN - STATUTES 16 (c) "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) "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) "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. History: Add. 2000, Act 381, Eff. July 1, 2001. 28.425c License; form; authorized conduct. Sec. 5c. (1) A license to carry a concealed pistol shall be in a form prescribed by the department of state police. The license shall contain all of the following: (a) The licensee's full name, date of birth, and street address. (b) A photograph and a physical description of the licensee. (c) A statement of the effective dates of the license. (2) Subject to section 5o and except as otherwise provided by law, a license to carry a concealed pistol issued by the county concealed weapon licensing board 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. (b) Carry a pistol in a vehicle, whether concealed or not concealed, anywhere in this state. History: Add. 2000, Act 381, Eff. July 1, 2001. 28.425d Denial or failure to issue license; appeal. Sec. 5d. (1) If the concealed weapon licensing board denies issuance of a license to carry a concealed pistol, or fails to issue that license as provided in this act, the applicant may appeal the denial or the failure to issue the license to the circuit court in the judicial circuit in which he or she resides. The appeal of the denial or failure to issue a license shall be determined by a review of the record for error, except that if the decision of the concealed weapon licensing board was based upon grounds specified in section 5b(7)(o) that portion of the appeal shall be by hearing de novo. Witnesses in the hearing shall be sworn. A jury shall not be provided in a hearing under this section. A verbatim record shall be made. (2) If the court determines that the denial or failure to issue a license was clearly erroneous, the court shall order the concealed weapon licensing board to issue a license as required by this act. (3) If the court determines that the decision of the concealed weapon licensing board to deny issuance of a license to an applicant was arbitrary and capricious, the court shall order this state to pay 1/3 and the county in which the concealed weapon licensing board is located to pay 2/3 of the actual costs and actual attorney fees of the applicant in appealing the denial. (4) If the court determines that an applicant's appeal was frivolous, the court shall order the applicant to pay the actual costs and actual attorney fees of the concealed weapon licensing board in responding to the appeal. History: Add. 2000, Act 381, Eff. July 1, 2001. 28.425e Database; report. Sec. 5e. (1) The department of state police shall create and maintain a computerized database of individuals who apply under this act for a license to carry a concealed pistol. The database shall contain only the following information as to each individual: (a) The individual's name, date of birth, address, and county of residence. (b) If the individual is licensed to carry a concealed pistol in this state, the license number and date of expiration. (c) Except as provided in subsection (2), if the individual was denied a license to carry a concealed pistol after the effective date of the amendatory act that added this subdivision, a statement of the reasons for that denial. (d) A statement of all criminal charges pending and criminal convictions obtained against the individual during the license period. (e) A statement of all determinations of responsibility for civil infractions of this act pending or obtained against the individual during the license period. (2) If an individual who was denied a license to carry a concealed pistol after the effective date of the amendatory act that added this subsection is subsequently issued a license to carry a concealed pistol, the department of state police shall delete from the computerized database the previous reasons for the denial. 17 FIREARMS LAWS OF MICHIGAN - STATUTES § 28.425e (3) The department of state police shall enter the information described in subsection (1)(a) and (b) into the law enforcement information network. (4) Information in the database, compiled under subsections (1) through (3), is confidential, is not subject to disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and shall not be disclosed to any person except for purposes of this act or for law enforcement purposes. The information compiled under subsection (5) is subject to disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. (5) The department of state police shall file an annual report with the secretary of the senate and the clerk of the house of representatives setting forth all of the following information for each county concealed weapon licensing board: (a) The number of concealed pistol applications received. (b) The number of concealed pistol licenses issued. (c) The number of concealed pistol licenses denied. (d) Categories for denial under subdivision (c). (e) The number of concealed pistol licenses revoked. (f) Categories for revocation under subdivision (e). (g) The number of applications pending at the time the report is made. (h) The mean and median amount of time and the longest and shortest amount of time used by the federal bureau of investigation to supply the fingerprint comparison report required in section 5b(11). The department may use a statistically significant sample to comply with this subdivision. (i) The number of charges of state civil infractions of this act or charges of criminal violations, categorized by offense, filed against individuals licensed to carry a concealed pistol that resulted in a finding of responsibility or a criminal conviction. The report shall indicate the number of crimes in each category of criminal offense that involved the brandishing or use of a pistol, the number that involved the carrying of a pistol by the license holder during the commission of the crime, and the number in which no pistol was carried by the license holder during the commission of the crime. (j) The number of pending criminal charges, categorized by offense, against individuals licensed to carry a concealed pistol. (k) The number of criminal cases dismissed, categorized by offense, against individuals licensed to carry a concealed pistol. (l) The number of cases filed against individuals licensed to carry a concealed pistol for criminal violations that resulted in a finding of not responsible or not guilty, categorized by offense. (m) For the purposes of subdivisions (i), (j), (k), and (l), the department of state police shall use the data provided under section 5m. (n) The number of suicides by individuals licensed to carry a concealed pistol. (o) Actual costs incurred per permit for each county. History: Add. 2000, Act 381, Eff. July 1, 2001. 28.425f Concealed pistol license; possession; disclosure; violation; penalty; seizure; forfeiture. Sec. 5f. (1) An individual who is licensed under this act to carry a concealed pistol shall have his or her license to carry that pistol in his or her possession at all times he or she is carrying a concealed pistol. (2) An individual who is licensed under this act to carry a concealed pistol 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 driver license or Michigan personal identification card. (3) An individual licensed under this act to carry a concealed pistol who is stopped by a peace officer shall disclose to the peace officer that he or she is carrying a pistol 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 may be fined not more than $100.00. (5) An individual who violates subsection (3) is responsible for a state civil infraction and may be fined as follows: (a) For a first offense, by a fine of not more than $500.00 or by the individual's license to carry a concealed pistol being suspended for 6 months, or both. (b) For a second or subsequent offense, by a fine of not more than $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 civil infraction under this section, the court shall notify the department of state police and the concealed weapon licensing board that issued the license of that determination. § 28.425e FIREARMS LAWS OF MICHIGAN - STATUTES 18 (7) A pistol carried in violation of this section is subject to immediate seizure by a peace officer. If a peace officer seizes a pistol 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 to the individual unless the individual is prohibited by law from possessing a firearm. If the individual does not display his or her license or documentation before the expiration of the 45-day period, the pistol is subject to forfeiture as provided in section 5g. A pistol is not subject to immediate seizure under this subsection if both of the following circumstances exist: (a) The individual has his or her driver license or Michigan 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 under this act to carry a concealed pistol. History: Add. 2000, Act 381, Eff. July 1, 2001. 28.425g Pistol subject to seizure and forfeiture. Sec. 5g. A pistol carried in violation of this act is subject to seizure and forfeiture in the same manner that property is subject to seizure and forfeiture under sections 4701 to 4709 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4701 to 600.4709. This section does not apply if the violation is a state civil infraction under section 5f unless the individual fails to present his or her license within the 45-day period described in that section. History: Add. 2000, Act 381, Eff. July 1, 2001. 28.425h Expiration of license issued under former law; renewal license. Sec. 5h. (1) An individual who is licensed to carry a concealed pistol on the effective date of the amendatory act that added this section may carry a concealed pistol under that license until the license expires or the individual's authority to carry a concealed pistol under that license is otherwise terminated, whichever occurs first. (2) An individual who is licensed under this act to carry a concealed pistol on the effective date of the amendatory act that added this section may apply for a renewal license upon the expiration of that license as provided in section 5l. History: Add. 2000, Act 381, Eff. July 1, 2001. 28.425i Instruction or training; liability. Sec. 5i. (1) A person or entity that provides instruction or training to another person under section 5b is immune from civil liability for damages to any person or property caused by the person who was trained. (2) This section does not apply if the person or entity providing the instruction or training was grossly negligent. (3) This section is in addition to and not in lieu of immunity otherwise provided by law. History: Add. 2000, Act 381, Eff. July 1, 2001. 28.425j Pistol training or safety program; conditions. Sec. 5j. (1) A pistol training or safety program described in section 5b(7)(n) meets the requirements for knowledge or training in the safe use and handling of a pistol only if all of the following conditions are met: (a) The program is certified by this state or a national or state firearms training organization and provides instruction in, but is not limited to providing instruction in, all of the following: (i) The safe storage, use, and handling of a pistol including, but not limited to, safe storage, use, and handling to protect child safety. (ii) Ammunition knowledge, and the fundamentals of pistol shooting. (iii) Pistol shooting positions. (iv) Firearms and the law, including civil liability issues. (v) Avoiding criminal attack and controlling a violent confrontation. (vi) All laws that apply to carrying a concealed pistol in this state. (vii) At least 8 hours of instruction, including 3 hours of firing range time. (b) The program provides a certificate of completion that states the program complies with the requirements of this section and that the individual successfully completed the course, and that is signed by the course instructor. (c) The instructor of the course is certified by this state or a national organization to teach the 8-hour pistol safety training course described in this section. (2) A person shall not do either of the following: 19 FIREARMS LAWS OF MICHIGAN - STATUTES § 28.425j (a) Grant a certificate of completion described under subsection (1)(b) to an individual knowing the individual did not satisfactorily complete the course. (b) Present a certificate of completion described under subsection (1)(b) to a concealed weapon licensing board knowing that the individual did not satisfactorily complete the course. (3) A person who violates subsection (2) 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. History: Add. 2000, Act 381, Eff. July 1, 2001. 28.425k Acceptance of license as implied consent to submit to chemical analysis of breath, blood, or urine. Sec. 5k. (1) Acceptance of a license issued under this act to carry a concealed pistol constitutes implied consent to submit to a chemical analysis under this section. This section also applies to individuals listed in section 12a(a) to (f). (2) An individual shall not carry a concealed pistol while he or she is under the influence of alcoholic liquor or a controlled substance or while having a bodily alcohol content prohibited under this section. A person who violates this section is responsible for a state civil infraction or guilty of a crime as follows: (a) If the person was under the influence of alcoholic liquor or a controlled substance or a combination of alcoholic liquor and a controlled substance, or had a bodily alcohol content of .10 or more grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, the individual is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or $100.00, or both. The court shall order the concealed weapon licensing board that issued the individual a license to carry a concealed pistol to permanently revoke the license. The concealed weapon licensing board shall permanently revoke the license as ordered by the court. (b) If the person had a bodily alcohol content of .08 or more but less than .10 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, the individual is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or $100.00, or both. The court may order the concealed weapon licensing board that issued the individual a license to carry a concealed pistol to revoke the license for not more than 3 years. The concealed weapon licensing board shall revoke the license as ordered by the court. (c) If the person had a bodily alcohol content of .02 or more but less than .08 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, the individual is responsible for a state civil infraction and may be fined not more than $100.00. The court may order the concealed weapon licensing board that issued the individual the license to revoke the license for 1 year. The concealed weapon licensing board shall revoke the license as ordered by the court. The court shall notify the concealed weapon licensing board that issued the individual a license to carry a concealed pistol if an individual is found responsible for a subsequent violation of this subdivision. (3) This section does not prohibit an individual licensed under this act to carry a concealed pistol who has any bodily alcohol content from transporting that pistol in the locked trunk of his or her motor vehicle or another motor vehicle in which he or she is a passenger 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 or on a vessel if the pistol is transported unloaded in a locked compartment or container that is separated from the ammunition for that pistol. (4) A peace officer who has probable cause to believe an individual is carrying a concealed pistol in violation of this section may require the individual to submit to a chemical analysis of his or her breath, blood, or urine. (5) Before an individual is required to submit to a chemical analysis under subsection (4), the peace officer shall inform the individual of all of the following: (a) The individual may refuse to submit to the chemical analysis, but if he or she chooses to do so, all of the following apply: (i) The officer may obtain a court order requiring the individual to submit to a chemical analysis. (ii) The refusal may result in his or her license to carry a concealed pistol being suspended or revoked. (b) If the individual submits to the chemical analysis, he or she may obtain a chemical analysis described in subsection (4) from a person of his or her own choosing. (6) The collection and testing of breath, blood, and urine specimens under this section shall be conducted in the same manner that breath, blood, and urine specimens are collected and tested for alcohol- and controlled-substance-related driving violations under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923. (7) If a person refuses to take a chemical test authorized under this section, the peace officer shall promptly report the refusal in writing to the concealed weapon licensing board that issued the license to the individual to carry a concealed pistol. (8) If a person takes a chemical test authorized under this section and the test results indicate that the individual had any bodily alcohol content while carrying a concealed pistol, the peace officer shall promptly report the violation in writing to the concealed weapon licensing board that issued the license to the individual to carry a concealed pistol. (9) As used in this section: § 28.425j FIREARMS LAWS OF MICHIGAN - STATUTES 20 (a) "Alcoholic liquor" means that term as defined in section 105 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1105. (b) "Controlled substance" means that term as defined in section 7104 of the public health code, 1978 PA 368, MCL 333.7401. History: Add. 2000, Act 381, Eff. July 1, 2001. 28.425l License; validity; duration; renewal. Sec. 5l. (1) A license to carry a concealed pistol is valid for 3 years and may be renewed in the same manner as the original license was received, except as follows: (a) The renewal fee is $35.00. The fee shall be payable to the county. The county treasurer shall deposit the fee in the general fund of the county. (b) For an individual who held a general nonrestricted license on July 1, 2001 and who was a peace officer or a former peace officer, the educational requirements of section 5b(7)(n) are waived. For an individual licensed on or after July 1, 2001, the educational requirements of section 5b(7)(n) are waived except that the applicant shall present a statement signed by the applicant certifying that he or she has completed not less than 3 hours of review of the training described under section 5b(7)(n) since receiving his or her license, and that training included firing range time in the 6 months immediately preceding his or her renewal application. For any other individual licensed before July 1, 2001 applying for the first time under this section to renew his or her license to carry a concealed pistol, the educational requirements of section 5b(7)(n) are not waived. (2) An individual licensed to carry a concealed pistol under this act on July 1, 2001 is eligible for a renewal license at the fee provided for under this section. This subsection applies regardless of whether the license was restricted. History: Add. 2000, Act 381, Eff. July 1, 2001. 28.425m Notification of criminal charge; report. Sec. 5m. A prosecuting attorney shall promptly notify the county concealed weapon licensing board that issued the license of a criminal charge against a license holder for a felony or specified criminal offense as defined in this act. The prosecuting attorney shall promptly notify the county concealed weapon licensing board that issued the license of the disposition of the criminal charge. If a license holder is convicted of a crime, the prosecuting attorney's notification shall indicate if the crime involved the brandishing or use of a pistol, if a pistol was carried by the license holder during the commission of the crime, or if no pistol was carried by the license holder during the commission of the crime. The state police shall provide a form for reporting purposes. Each year by a date determined by the director of the department of state police, the chairperson of the county concealed weapon licensing board shall compile and provide a report to the department of state police in a format determined by the director of the department of state police containing the information provided to the concealed weapon licensing board under this section, section 5f(6), or section 5k(7) or (8). History: Add. 2000, Act 381, Eff. July 1, 2001. 28.425n Other license or permit; limitations by employer prohibited. Sec. 5n. (1) This state or a local unit of government of this state shall not prohibit an individual from doing either of the following as a condition for receiving or maintaining any other license or permit authorized by law: (a) Applying for or receiving a license to carry a concealed pistol under this act. (b) Carrying a concealed pistol in compliance with a license issued under this act. (2) Except as provided in subsection (3), an employer shall not prohibit an employee from doing either of the following: (a) Applying for or receiving a license to carry a concealed pistol under this act. (b) Carrying a concealed pistol in compliance with a license issued under this act. This subdivision does not prohibit an employer from prohibiting an employee from carrying a concealed pistol in the course of his or her employment with that employer. (3) A police agency may prohibit an employee of that police agency from carrying a concealed pistol if carrying a concealed pistol would result in increased insurance premiums or a loss or reduction of insurance coverage for that employer. History: Add. 2000, Act 381, Eff. July 1, 2001. 28.425o Premises on which carrying concealed weapon prohibited; violation. Sec. 5o. (1) An individual licensed under this act to carry a concealed pistol, or who is exempt from licensure under section 12a(f), 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 21 FIREARMS LAWS OF MICHIGAN - STATUTES § 28.425o picking up the child 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 day care center, public or private child caring agency, or public or private child placing agency. (c) A sports arena or stadium. (d) A dining room, lounge, or bar area of a premises licensed under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303. This subdivision shall not apply to an owner or employee of the premises. (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 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) An individual licensed under this act to carry a concealed pistol, or who is exempt from licensure under section 12a(f), shall not carry a concealed pistol in violation of R 432.1212 or a successor rule of the Michigan administrative code promulgated pursuant to the Michigan gaming control and revenue act, the initiated law of 1996, MCL 432.201 to 432.226. (3) An individual who violates this section is responsible for a civil violation guilty of a crime as follows: (a) Except as provided in subdivisions (b) and (c), the individual is responsible for a civil violation 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. History: Add. 2000, Act 381, Eff. July 1, 2001. Compiler's note: In subsection (3), the phrase "for a civil violation guilty of a crime" evidently should read "for a civil infraction or guilty of a crime." 28.425v Concealed weapon enforcement fund; creation; disposition of funds; lapse; expenditures. Sec. 5v. (1) The concealed weapon enforcement fund is created in the state treasury. (2) The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments. (3) Money in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund. (4) The department of state police shall expend money from the fund only to provide training to law enforcement personnel regarding the rights and responsibilities of individuals who are licensed to carry concealed pistols in this state and proper enforcement techniques in light of those rights and responsibilities. History: Add. 2000, Act 381, Eff. July 1, 2001. 28.425w Appropriation; amount; purpose; total state spending; appropriations and expenditures subject to §§ 18.1101 to 18.1594. Sec. 5w. (1) One million dollars is appropriated from the general fund to the department of state police for the fiscal year ending September 30, 2001 for all of the following: (a) Distributing trigger locks or other safety devices for firearms to the public free of charge. (b) Providing concealed pistol application kits to county sheriffs, local police agencies, and county clerks for distribution under section 5. (c) The fingerprint analysis and comparison reports required under section 5b(11). (d) Photographs required under section 5c. (e) Creating and maintaining the database required under section 5e. (f) Creating and maintaining a database of firearms that have been reported lost or stolen. Information in the database shall be made available to law enforcement through the law enforcement information network. (g) Grants to county concealed weapon licensing boards for expenditure only to implement this act. (h) Training under section 5v(4). (i) Creating and distributing the reporting forms required under section 5m. § 28.425o FIREARMS LAWS OF MICHIGAN - STATUTES 22 (j) A public safety campaign regarding the requirements of this act. (2) Pursuant to section 30 of article IX of the state constitution of 1963, total state spending under subsection (1) for the fiscal year ending September 30, 2001 is $1,000,000.00. (3) The appropriations made and the expenditures authorized under this section and the departments, agencies, commissions, boards, offices, and programs for which an appropriation is made under this section are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. History: Add. 2000, Act 381, Eff. July 1, 2001. 28.426 Repealed. 2000, Act 381, Eff. July 1, 2001. Compiler's note: The repealed section pertained to concealed weapon licensing board. 28.426a Licenses to equip premises or vehicles with gas ejecting devices; rules; license to manufacture or sell gas ejecting or emitting weapon, cartridge, or device; "gas ejecting device" defined; license not required for self-defense spray device. Sec. 6a. (1) A concealed weapons licensing board may issue to any bank, trust company, armored car company, railway company, express company, or other company, institution, copartnership, or individual having in its, their, or the individual's possession large sums of money or other valuables, a license authorizing the licensee to equip the premises or vehicles under its, their, or the individual's control with gas ejecting devices to be used solely for the purpose of protecting those premises or vehicles and the persons or property in the premises or vehicles from criminal assaults. (2) The director of the department of state police shall promulgate rules to govern the issuing of the license and the making of an application for the license. The rules shall be promulgated pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 to 24.328 of the Michigan Compiled Laws. The concealed weapons licensing board may issue to any company, copartnership, or individual under the limitations and pursuant to the rules promulgated by the director of the department of state police a license authorizing the corporation, copartnership, or individual to manufacture or sell, or both, a gas ejecting or emitting weapon, cartridge, or device to any person authorized by law to possess the weapon, cartridge, or device. (3) For purposes of this section, "gas ejecting device" means a device designed for the purpose of rendering a person either temporarily or permanently disabled by the ejection, release, or emission of a gas or other substance. (4) A license shall not be required under this section for the sale, purchase, or possession of a self-defense spray device, as defined in section 224d of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being section 750.224d of the Michigan Compiled Laws. History: Add. 1929, Act 206, Imd. Eff. May 20, 1929;-CL 1929, 16755;-CL 1948, 28.426a;-Am. 1980, Act 345, Eff. Mar. 31, 1981;-Am. 1991, Act 34, Imd. Eff. June 10, 1991. Administrative rules: R 28.91 and R 28.92 of the Michigan Administrative Code. 28.427 Concealed weapons licenses; expiration. Sec. 7. All licenses heretofore issued in this state permitting a person to carry a pistol concealed upon his person shall expire at midnight, December 31, 1927. History: 1927, Act 372, Eff. Sept. 5, 1927;-CL 1929, 16756;-CL 1948, 28.427. 28.428 Revocation of licenses; grounds; hearing; suspension; order; notice. Sec. 8. (1) The concealed weapon licensing board that issued a license to an applicant to carry a concealed pistol may revoke that license if the board determines that the individual committed any violation of this act other than a violation of section 5f(4) or if the board determines that the individual is not eligible under this act to receive a license to carry a concealed pistol. If the board determines that the individual has been found responsible for 3 or more state civil infraction violations of this act during the license period, the board shall conduct a hearing and may suspend the individual's license for not more than 1 year. (2) Except as provided in subsections (3) and (4), a license shall not be revoked under this section except upon written complaint and an opportunity for a hearing before the board. The board shall give the individual at least 10 days' notice of a hearing under this section. The notice shall be by personal service or by certified mail delivered to the individual's last known address. (3) If the concealed weapon licensing board is notified by a law enforcement agency or prosecuting official that an individual licensed to carry a concealed pistol is charged with a felony or misdemeanor as defined in this act, the concealed weapon licensing board shall immediately suspend the individual's license until there is a final disposition of the charge for that offense and send notice of that suspension to the individual's last known address as indicated in the records of the concealed weapon licensing board. The notice shall inform the individual that he or she is entitled to a prompt hearing on the suspension, and the concealed weapon licensing board shall conduct a prompt hearing if requested in writing by the individual. The requirements of subsection (2) do not apply to this subsection. 23 FIREARMS LAWS OF MICHIGAN - STATUTES § 28.428 (4) If the concealed weapon licensing board determines by clear and convincing evidence based on specific articulable facts that the applicant poses a danger to the applicant or to any other person, the concealed weapon licensing board shall immediately suspend the individual's license pending a revocation hearing under this section. The concealed weapon licensing board shall send notice of the suspension to the individual's last known address as indicated in the records of the concealed weapon licensing board. The notice shall inform the individual that he or she is entitled to a prompt hearing on the suspension, and the concealed weapon licensing board shall conduct a prompt hearing if requested in writing by the individual. The requirements of subsection (2) do not apply to this subsection. (5) If the concealed weapon licensing board orders a license suspended or revoked under this section or amends a suspension or revocation order, the concealed weapon licensing board shall immediately notify a law enforcement agency having jurisdiction in the county in which the concealed weapon licensing board is located to enter the order or amended order into the law enforcement information network. A law enforcement agency that receives notice of an order or amended order under this subsection from a concealed weapon licensing board shall immediately enter the order or amended order into the law enforcement information network as requested by that concealed weapon licensing board. (6) A suspension or revocation order or amended order issued under this section is immediately effective. However, an individual is not criminally liable for violating the order or amended order unless he or she has received notice of the order or amended order. (7) If an individual is carrying a pistol in violation of a suspension or revocation order or amended order issued under this section but has not previously received notice of the order or amended order, the individual shall be informed of the order or amended order and be given an opportunity to properly store the pistol or otherwise comply with the order or amended order before an arrest is made for carrying the pistol in violation of this act. (8) If a law enforcement agency or officer notifies an individual of a suspension or revocation order or amended order issued under this section who has not previously received notice of the order or amended order, the law enforcement agency or officer shall enter a statement into the law enforcement information network that the individual has received notice of the order or amended order under this section. (9) The clerk of the concealed weapon licensing board is authorized to administer an oath to any individual testifying before the board at a hearing under this section. History: 1927, Act 372, Eff. Sept. 5, 1927;-CL 1929, 16757;-CL 1948, 28.428;-Am. 2000, Act 381, Eff. July 1, 2001. 28.429 Pistols; safety inspection required; certificate of inspection; exemptions; requirements of pistol presented for inspection; violation as civil infraction; fine. Sec. 9. (1) A person within the state who owns or comes into possession of a pistol shall, if he or she resides in a city, township, or village having an organized police department, present the pistol for safety inspection to the commissioner or chief of police of the city, township, or village police department or to a duly authorized deputy of the commissioner or chief of police. If that person resides in a part of the county not included within a city, township, or village having an organized police department, he or she shall present the pistol for safety inspection to the sheriff of the county or to a duly authorized deputy of the sheriff. If the person presenting the pistol is eligible to possess a pistol under section 2(1), a certificate of inspection shall be issued in triplicate on a form provided by the director of the department of state police, containing the name, age, address, description, and signature of the person presenting the pistol for inspection, together with a full description of the pistol. The original of the certificate shall be delivered to the registrant. The duplicate of the certificate shall be mailed within 48 hours to the director of the department of state police and filed and indexed by the department and kept as a permanent official record. The triplicate of the certificate shall be retained and filed in the office of the sheriff, commissioner, or chief of police. This section does not apply to a wholesale or retail dealer in firearms who regularly engages in the business of selling pistols at retail, or to a person who holds a collection of pistols kept solely for the purpose of display as relics, curios, or antiques, and that are not made for modern ammunition or are permanently deactivated. (2) A person who presents a pistol for a safety inspection under subsection (1) shall ensure that the pistol is unloaded and that the pistol is equipped with a trigger lock or other disabling mechanism or encased when the pistol is presented for inspection. A person who violates this subsection is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $50.00. History: 1927, Act 372, Eff. Sept. 5, 1927;-CL 1929, 16758;-Am. 1931, Act 333, Imd. Eff. June 16, 1931;-CL 1948, 28.429;-Am. 1957, Act 259, Eff. Sept. 27, 1957;-Am. 1964, Act 216, Eff. Aug. 28, 1964;-Am. 1986, Act 262, Imd. Eff. Dec. 9, 1986;-Am. 1990, Act 320, Eff. Mar. 28, 1991;-Am. 1996, Act 169, Imd. Eff. Apr. 18, 1996. 28.429a Basic pistol safety review board; creation; membership; chair; duties. Sec. 9a. (1) The basic pistol safety review board is created in the department of state police. The board shall consist of the following members: (a) The director of the department of state police or his or her representative. (b) The director of the department of natural resources or his or her representative. § 28.428 FIREARMS LAWS OF MICHIGAN - STATUTES 24 (c) One person appointed by the governor with the advice and consent of the senate representing the interests of organizations involved in shooting sports. (d) One person appointed by the governor with the advice and consent of the senate representing the interests of a statewide conservation organization. (e) One person appointed by the governor with the advice and consent of the senate representing the interests of the public. (2) The director of the department of state police shall chair the basic pistol safety board. (3) The basic pistol safety board shall do all of the following: (a) Approve a pamphlet on basic pistol safety for distribution to entities authorized to issue licenses under section 2. (b) Approve basic pistol safety questionnaires for distribution to entities authorized to issue licenses under section 2. The board shall approve a questionnaire under this subdivision only if both of the following circumstances exist: (i) The questionnaire only addresses material covered in the pamphlet approved pursuant to subdivision (a). (ii) The questionnaire reasonably examines the knowledge of pistol safety of individuals who are required to answer questionnaires. (c) Upon the expiration of 90 days after the effective date of the amendatory act that added this section, provide the department of state police with master copies of the basic pistol safety pamphlet and basic pistol safety questionnaires for printing by the department of state police and for distribution by the department of state police to entities authorized to issue licenses under section 2. History: Add. 1990, Act 320, Eff. Mar. 28, 1991. 28.429b Basic pistol safety pamphlet and questionnaires; printing and distribution. Sec. 9b. The department of state police shall print the basic pistol safety pamphlet and basic pistol safety questionnaires approved by the basic pistol safety review board, and shall distribute the pamphlet and the questionnaires free of charge to entities authorized to issue licenses under section 2. The department of state police shall distribute copies of the basic pistol safety pamphlet and the questionnaires within 90 days after the department of state police receives the master copies from the basic pistol safety review board. History: Add. 1990, Act 320, Eff. Mar. 28, 1991. 28.429c Distribution of basic pistol safety pamphlet. Sec. 9c. Entities authorized to issue licenses under section 2 shall distribute a basic pistol safety pamphlet received by that entity from the department of state police free of charge to each person who requests a copy of the pamphlet. History: Add. 1990, Act 320, Eff. Mar. 28, 1991. 28.429d Repealed. 2000, Act 381, Eff. July 1, 2001. Compiler's note: The repealed section pertained to forfeiture of firearm. 28.430 Theft of firearm; report required; failure to report theft as civil violation; penalty. Sec. 10. (1) A person who owns a firearm shall, within 5 days after he or she knows his or her firearm is stolen, report the theft to a police agency having jurisdiction over that theft. (2) A person who fails to report the theft of a firearm as required under subsection (1) is responsible for a civil violation and may be fined not more than $500.00. History: Add. 1990, Act 320, Eff. Mar. 28, 1991. Compiler's note: Former sections 10 and 11 were not compiled. 28.431 Review of criminal histories; report; rules. Sec. 11. Before January 1, 1995, the director of the state police shall, if sufficient money is appropriated by the legislature, by rules promulgated by the department of state police, provide a system for the expeditious review of the criminal histories of individuals who purchase firearms and file with the legislature a written report of his or her findings and conclusions. History: Add. 1990, Act 320, Eff. Mar. 28, 1991. 28.432 Inapplicability of §§ 28.422 and 28.429. Sec. 12. Sections 2 and 9 do 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. 25 FIREARMS LAWS OF MICHIGAN - STATUTES § 28.432 (b) The United States army, air force, navy, or 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, or other duly authorized military organization. (e) A member of an entity or organization described in subdivisions (a) to (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 transportation of a pistol as merchandise by an authorized agent of a person licensed to manufacture firearms or a licensed dealer. History: 1927, Act 372, Eff. Sept. 5, 1927;-CL 1929, 16761;-CL 1948, 28.432;-Am. 1964, Act 216, Eff. Aug. 28, 1964;-Am. 2000, Act 381, Eff. July 1, 2001. 28.432a Persons to whom requirements inapplicable. Sec. 12a. The requirements of this act for obtaining a license to carry a concealed pistol 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 certified under the commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.616, 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) A person 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) A member of the United States army, air force, navy, or marine corps while carrying a concealed pistol in the line of duty. (e) A member of the national guard, 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. (f) A resident of another state who is licensed by that state to carry a concealed pistol. (g) The regular and ordinary transportation of a pistol as merchandise by an authorized agent of a person licensed to manufacture firearms. (h) A person 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. History: Add. 1964, Act 216, Eff. Aug. 28, 1964;-Am. 1976, Act 102, Imd. Eff. Apr. 27, 1976;-Am. 1978, Act 282, Imd. Eff. July 6, 1978;-Am. 1978, Act 519, Imd. Eff. Dec. 19, 1978;-Am. 2000, Act 381, Eff. July 1, 2001. 28.432b Signaling devices to which §§ 28.422 and 28.429 inapplicable. Sec. 12b. Sections 2 and 9 do not apply to a signaling device which is approved by the United States coast guard pursuant to regulations issued under section 4488 of the Revised Statutes of the United States, 46 U.S.C. 481, or under section 5 of the federal boat safety act of 1971, Public Law 92-75, 46 U.S.C. 1454. History: Add. 1982, Act 182, Eff. July 1, 1982. 28.432c Repealed. 2000, Act 381, Eff. July 1, 2001. Compiler's note: The repealed section pertained to license renewal. 28.433 Unlawful possession of weapon; complaint, search warrant, seizure. Sec. 13. When complaint shall be made on oath to any magistrate authorized to issue warrants in criminal cases that any pistol or other weapon or device mentioned in this act is unlawfully possessed or carried by any person, such magistrate shall, if he be satisfied that there is reasonable cause to believe the matters in said complaint be true, issue his warrant directed to any peace officer, commanding him to search the person or place described in such complaint, and if such pistol, weapon or device be there found, to seize and hold the same as evidence of a violation of this act. History: 1927, Act 372, Eff. Sept. 5, 1927;-CL 1929, 16762;-CL 1948, 28.433. § 28.432 FIREARMS LAWS OF MICHIGAN - STATUTES 26 28.434 Unlawful possession; weapon forfeited to state; disposal; immunity. Sec. 14. (1) Subject to section 5g, all pistols, weapons, or devices carried or possessed contrary to this act are declared forfeited to the state, and shall be turned over to the director of the department of state police or his or her designated representative, for disposal under this section. (2) The director of the department of state police shall dispose of firearms under this section by 1 of the following methods: (a) By conducting a public auction in which firearms received under this section may be purchased at a sale conducted in compliance with section 4708 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4708, by individuals authorized by law to possess those firearms. (b) By destroying them. (c) By any other lawful manner prescribed by the director of the department of state police. (3) Before disposing of a firearm under this section, the director of the department of state police 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 director of the department of state police shall provide 30 days' written notice of his or her 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. (b) Provide 30 days' notice to the public on the department of state police website of his or her 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 department of state police 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). (4) The department of state police is immune from civil liability for disposing of a firearm in compliance with this section. History: 1927, Act 372, Eff. Sept. 5, 1927;-CL 1929, 16763;-Am. 1943, Act 113, Eff. July 30, 1943;-CL 1948, 28.434;-Am. 2000, Act 381, Eff. July 1, 2001. 28.435 Sale of firearms by federally licensed firearms dealer; sale of trigger lock or secured container; exceptions; brochure or pamphlet; statement of compliance; notice of liability; action by political subdivision against firearm or ammunition producer prohibited; rights of state attorney general; exceptions; effect of subsections (9) through (11); violation; penalties; definitions. 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 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 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 of the Michigan penal code, 1931 PA 328, MCL 750.231a. (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. 27 FIREARMS LAWS OF MICHIGAN - STATUTES § 28.435 (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, 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. 923. (b) "Firearm or ammunition" include