HOUSE
BILL No. 4501
March 3, 2009,
Introduced by Reps. Geiss, Ebli, Rick Jones, Constan, LeBlanc, Lori, Espinoza,
Hansen and Angerer and referred to the Committee on Tourism, Outdoor Recreation
and Natural Resources.
A
bill to amend 1927 PA 372, entitled
"An
act to regulate and license the selling, purchasing,
possessing,
and carrying of certain firearms and gas ejecting
devices;
to prohibit the buying, selling, or carrying of certain
firearms
and gas ejecting devices without a license or other
authorization;
to provide for the forfeiture of firearms under
certain
circumstances; to provide for penalties and remedies; to
provide
immunity from civil liability under certain circumstances;
to
prescribe the powers and duties of certain state and local
agencies;
to prohibit certain conduct against individuals who apply
for
or receive a license to carry a concealed pistol; to make
appropriations;
to prescribe certain conditions for the
appropriations;
and to repeal all acts and parts of acts
inconsistent
with this act,"
by
amending section 1 (MCL 28.421), as amended by 2008 PA 407.
THE
PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
1. As used in this act:
(a)
"Felony" means that term as defined in section 1 of
chapter
I of the code of criminal procedure, 1927 PA 175, MCL
761.1,
or a violation of a law of the United
States or another
state
that is designated as a felony or that is punishable by death
or
by imprisonment for more than 1 year.
(b)
"Firearm" means a weapon from which a dangerous projectile
may
be propelled by an explosive, or by gas or air. Firearm does
not
include a smooth bore rifle or handgun designed and
manufactured
exclusively for propelling by a spring, or by gas or
air,
BB's BBs not exceeding .177 caliber.
(c)
"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.
(d)
"Peace officer" means, except as otherwise provided in
this
act, an individual who is employed as a law enforcement
officer,
as that term is defined under section 2 of the commission
on
law enforcement standards act, 1965 PA 203, MCL 28.602, by this
state
or another state, a political subdivision of this state or
another
state, or the United States, and who is required to carry a
firearm
in the course of his or her duties as a law enforcement
officer.
(e)
"Pistol" means a loaded or unloaded firearm that is 30 26
inches
or less in length, or a loaded or unloaded firearm that by
its
construction and appearance conceals it as a firearm.
(f)
"Purchaser" means a person who receives a pistol from
another
person by purchase or gift.
(g)
"Reserve peace officer", "auxiliary officer", or
"reserve
officer"
means, except as otherwise provided in this act, an
individual
authorized on a voluntary or irregular basis by a duly
authorized
police agency of this state or a political subdivision
of
this state to act as a law enforcement officer, who is
responsible
for the preservation of the peace, the prevention and
detection
of crime, and the enforcement of the general criminal
laws
of this state, and who is otherwise eligible to possess a
firearm
under this act.
(h)
"Retired police officer" or "retired law enforcement
officer"
means an individual who was a police officer or law
enforcement
officer who was certified as described under section 9a
of
the commission on the law enforcement standards act, 1965 PA
203,
MCL 28.609a, and retired in good standing from his or her
employment
as a police officer or law enforcement officer.
(i)
"Seller" means a person who sells or gives a pistol to
another
person.
(j)
"State court judge" means a judge of the district court,
circuit
court, probate court, or court of appeals or justice of the
supreme
court of this state who is serving either by election or
appointment.
(k)
"State court retired judge" means a judge or justice
described
in subdivision (j) who is retired, or a retired judge of
the
recorders court.
Enacting
section 1. This amendatory act does not take effect
unless
Senate Bill No.____ or House Bill No. 4502(request no.
01503'09
a) of the 95th Legislature is enacted into law.