New Michigan Gun Legislation Takes Effect Today - Here's What You Need to Know"
I break down exactly what you need to know.
A lot of people have been asking me to break down Michigan’s new gun legislation. The media does not do a good job of this. I am taking the time to break down every bill.
If you are not a paid subscriber please become one for only $5 a month to support my independent journalism. Quit at any time.
HOUSE BILL 4146:
Licensing Requirements: Individuals must obtain a license to purchase, carry, possess, or transport pistols and other firearms, with specific provisions for military personnel entering the state.
License Issuance and Criteria: Local law enforcement will issue licenses based on criteria like age, citizenship, mental health, and criminal history.
Firearm Storage: The bill outlines how firearms should be securely stored, especially around minors, and details the process for transferring firearm ownership.
Penalties: It establishes penalties, ranging from misdemeanors to felonies, for violations like improper storage leading to minor access and misuse.
Application Process: Details the application process for concealed pistol licenses, including fees and fingerprinting.
Verification and Eligibility: The State Police will verify applicants' backgrounds, with county clerks issuing or denying licenses accordingly.
License Suspension/Revocation: It outlines conditions for license suspension or revocation and the reinstatement process.
Liability Protections: Provides liability protections for entities involved in the licensing process under certain conditions.
The bill aims to enhance public safety through stricter firearm regulations, responsible ownership, and secure storage practices.
Michigan House Bill 4138:
Key updates include:
Clear definitions of terms like "gun," "serious crime," "less serious crime," and different types of officers and officials.
Specific rules about what makes a gun a "pistol" and how to legally own and carry one, including how to register it.
Who needs a license to buy, carry, or have a gun, and who doesn't, like some police officers or military members.
How to handle guns that are inherited when someone dies, including how to transfer them legally.
Rules for gun sellers, including what they need to do when they sell a gun.
How people can fix mistakes or remove their names from police databases if there's wrong information about them.
The law also talks about special cases, like when a law enforcement agency gets guns through their work and what they can do with them, like selling them to licensed dealers or using them for their own work.
In short, this bill updates and makes clear the rules about handling guns to ensure safety and legal compliance.
MICHIGAN SENATE BILL 528:
Enrolled Senate Bill No. 528 amends the 1931 PA 328, which deals with crimes, their definitions, penalties, and remedies in Michigan. The amendments involve changes to several sections related to breaking and entering, vulnerable adult abuse, property destruction, stalking, and misuse of telecommunications services. Key aspects include:
Breaking and Entering (Sec. 115): Defines the misdemeanor of entering a property without permission, with specific provisions for cases involving a spouse, former spouse, individual in a dating relationship, or a household member.
Vulnerable Adult Abuse (Sec. 145n): Outlines penalties for caregivers or others in authority who abuse vulnerable adults, with varying degrees of severity based on the harm caused and the caregiver's intent or recklessness.
Property Destruction (Sec. 377a & 380): Sets penalties for willfully and maliciously destroying or injuring property, with the severity based on the value of the destruction and prior convictions. Special provisions are included for offenses involving family members or household residents.
Stalking (Sec. 411h): Defines stalking and its penalties, including enhanced penalties when the victim is a minor or when the stalker and victim have a specified personal relationship. It also outlines probation conditions and establishes a rebuttable presumption related to the victim's feelings of being terrorized or harassed.
Misuse of Telecommunications Services (Sec. 540e): Defines the misdemeanor of maliciously using telecommunications services to harass, threaten, or disturb another person, including making unsolicited commercial calls during prohibited hours and engaging in prohibited conduct with someone in a specified personal relationship.
The bill specifies that these amendments do not apply to constitutionally protected activities or conduct serving legitimate purposes and includes definitions for terms such as "dating relationship." The enacting section mentions that the amendments will not take effect unless specified conditions are met.
MICHIGAN SENATE BILL 471:
Enrolled Senate Bill No. 471 amends Section 224f of the 1931 PA 328, which pertains to the possession and distribution of firearms and ammunition by individuals convicted of felonies in Michigan. The key provisions include:
Firearm Possession Post-Felony Conviction:
Individuals convicted of a felony are prohibited from possessing, using, transporting, selling, purchasing, carrying, shipping, receiving, or distributing firearms in Michigan until 3 years after completing all fines, imprisonment terms, and probation or parole conditions related to the felony.
For specified felonies, this prohibition extends to 5 years, and the right to possess firearms can only be restored under section 4 of 1927 PA 372.
Ammunition Possession Post-Felony Conviction:
Similar restrictions apply to possessing, using, transporting, selling, carrying, shipping, or distributing ammunition, with the same 3-year prohibition for general felonies and a 5-year prohibition for specified felonies.
Restrictions Following Misdemeanor Involving Domestic Violence:
Individuals convicted of a misdemeanor involving domestic violence are prohibited from possessing firearms or ammunition for 8 years after completing all penalties associated with the conviction.
Penalties for Violations:
Violating these firearm or ammunition possession prohibitions is a felony, punishable by up to 5 years in prison, a fine of up to $5,000, or both.
Single Transaction Clause:
Any single criminal transaction that violates the ammunition possession restrictions constitutes one offense, regardless of the amount of ammunition involved.
Exceptions:
The restrictions do not apply to convictions that have been expunged, set aside, or pardoned, unless explicitly stated otherwise in the expungement, order, or pardon.
Definitions:
The bill defines terms such as "ammunition," "felony," "misdemeanor involving domestic violence," and "specified felony," clarifying the scope of offenses and materials covered by these restrictions.
This amendment aims to regulate firearm and ammunition possession among individuals with felony convictions, particularly those involving violence or controlled substances, and those convicted of misdemeanors related to domestic violence, enhancing public safety and legal accountability.
MICHIGAN HOUSE BILL 4945:
Enrolled House Bill No. 4945 amends the 1927 PA 175, which consolidates laws related to criminal procedure in Michigan. This amendment specifically updates section 16m of chapter XVII (MCL 777.16m) to include a detailed list of felonies related to firearms enumerated in chapter 750 of the Michigan Compiled Laws. The felonies listed cover a range of offenses, including the sale of firearms to minors or prohibited persons, manufacture or sale of prohibited weapons like silencers and automatic weapons, possession or use of electrical current weapons and armor-piercing ammunition, carrying concealed weapons, and discharging firearms under various dangerous circumstances. Penalties for these offenses vary, with some punishable by up to life imprisonment. The bill specifies that it will not take effect unless Senate Bill No. 471 of the 102nd Legislature is also enacted into law.
MICHIGAN HOUSE BILL 4142:
Key Points:"
Illegal Firearm Sales: Selling a firearm without following the required procedure (as outlined in section 2 of the 1927 PA 372) is a misdemeanor, with penalties including up to 90 days in jail or a fine of up to $100. Selling a firearm over 26 inches long to someone under 18 is also a misdemeanor, with harsher penalties for repeat offenses, potentially escalating to a felony with up to 4 years in prison and a $2,000 fine. There's a defense available if the seller verified the buyer's age with a valid ID.
Selling to Prohibited Individuals: It's a felony to sell a firearm or ammunition to anyone known to be under felony indictment or prohibited from possessing firearms under section 224f, with penalties of up to 10 years in prison or a $5,000 fine.
Illegal Acquisition of Firearms: Obtaining a firearm in violation of the law is a misdemeanor, punishable by up to 90 days in jail or a $100 fine. There's a specific exemption for those who obtained a pistol before a certain date and then complied with licensing requirements within a specified period.
False Information and Identification: Providing false information on a firearm purchase application, or using false or someone else's identification to buy a firearm, is illegal. Making a false statement on an application is a felony, with penalties of up to 4 years in prison or a $2,000 fine, while using false identification is a misdemeanor, with up to 90 days in jail or a $100 fine.
The bill also stipulates that it will only become effective if another related bill, House Bill No. 4138, is also passed into law. This indicates that the changes proposed in House Bill No. 4142 are intended to work in conjunction with the reforms in House Bill No. 4138.
MICHIGAN SENATE BILL 83:
Enrolled Senate Bill No. 83, known as the "Extreme Risk Protection Order Act," establishes a legal framework for issuing restraining orders that prevent certain individuals from possessing or purchasing firearms in Michigan. Key provisions include:
Definition of Terms: The act defines critical terms such as "dating relationship," "extreme risk protection order," "family member," and others to clarify the scope and applicability of the law.
Filing an Action: Specific individuals, including family members, law enforcement officers, and healthcare providers, can file an action requesting the court to issue an extreme risk protection order against someone deemed a significant risk to themselves or others by possessing firearms.
Court Process: The act outlines the expedited court process for issuing an extreme risk protection order, including considerations the court must make and the evidence it can consider.
Issuance of Orders: Courts can issue immediate temporary orders without notice to the respondent in urgent situations, with a full hearing to follow. The orders can prohibit the respondent from possessing or purchasing firearms and require the surrender of any firearms and ammunition.
Enforcement and Penalties: The act sets forth procedures for serving orders, enforcing compliance, and the consequences for violations, including criminal penalties for non-compliance and for knowingly providing false information in the filing process.
Reporting and Data Collection: The state court administrative office is tasked with preparing annual reports on the application of the act, including the number of orders filed, issued, and denied, as well as demographic data on petitioners and respondents.
The act emphasizes the legal mechanisms for temporarily removing firearms from individuals deemed to be at extreme risk of causing harm, aiming to enhance public safety while ensuring due process. It becomes effective only if specific related bills are also enacted into law.
MICHIGAN HOUSE BILL 4143:
Key points include:
Enhancing penalties for repeat offenses in certain categories, particularly those involving fraudulent activities with state IDs and firearm regulations.
Introducing or adjusting felony classes for crimes, ranging from public trust violations to public safety and personal offenses, with penalties varying based on the severity and nature of the crime, including imprisonment terms and fines.
Specific attention to firearm-related offenses, including the unlawful sale, possession, and use of firearms, with penalties for violations such as selling firearms to minors or prohibited individuals, manufacturing or selling prohibited weapons like silencers or automatic weapons, and possessing or using body armor during the commission of certain crimes.
The bill is designed to refine the criminal justice system's approach to a range of offenses, particularly focusing on modernizing and specifying penalties for crimes related to identity fraud and firearm misuse. It stipulates that these amendments will not take effect unless House Bill No. 4138 is also enacted into law, indicating a legislative effort to synchronize changes across related legal areas.
MICHIGAN SENATE BILL 81:
Enrolled Senate Bill No. 81 is designed to amend the 1933 PA 167 to encourage firearm safety through tax incentives. Specifically, from 90 days after this bill becomes law until December 31, 2024, the sale of firearm safety devices will be exempt from state sales and use taxes. Retailers selling or transferring firearms are required to inform buyers of this tax exemption through written notices and to post visible signs at all sale points, stating that firearm safety devices are exempt from state sales and use taxes until the end of 2024.
Firearm safety devices, as defined in the bill, include equipment designed to prevent unauthorized access to or discharge of a firearm. This includes devices that must be deactivated to use the firearm and secure storage options like gun safes, lockboxes, or cases that can only be opened with a key, combination, biometric data, or similar secure methods. However, the exemption does not apply to glass-faced cabinets or other display-focused storage solutions.
Additionally, the bill expresses the legislature's intent to allocate sufficient funds from the state general fund to the state school aid fund to offset any revenue losses due to this tax exemption. This ensures that the financial support for schools remains unaffected by the implementation of the tax exemption for firearm safety devices.
MICHIGAN SENATE BILL 80:
The act mentioned is an amendment to the 1927 PA 175, which is a comprehensive law covering criminal procedures in Michigan. This law outlines the roles and responsibilities of the judicial system, including courts, judges, and other legal officers, and details the rights and procedures for individuals accused of crimes or ordinance violations. It covers a wide range of topics such as arrests, bail, trials, sentencing, probation, and appeals, aiming to ensure fairness and justice in criminal proceedings.
The specific amendment addressed in the act focuses on section 11b of chapter XVII, which pertains to the classification and handling of certain felonies as listed in chapter 28. While the provided text does not detail the exact changes made to section 11b, the amendment likely involves updates or clarifications to how these felonies are processed or penalized within the state's criminal justice system, reflecting the legislature's ongoing efforts to adapt and refine legal procedures to meet current needs and standards.
MICHIGAN SENATE BILL 79:
Firearm Storage Requirements: Individuals must securely store firearms in a locked box or container, or use a locking device to make the firearm inoperable when minors are known or expected to be present on the premises. This applies to both firearms stored at an individual's property and those brought onto someone else's property.
Penalties for Non-Compliance: Failure to adhere to these storage requirements that results in a minor obtaining the firearm can lead to varying degrees of criminal charges, depending on the outcome:
If a minor simply obtains the firearm, it's a misdemeanor with penalties up to 93 days in jail or a $500 fine.
If the minor discharges the firearm causing injury, the charge escalates to a felony, with penalties up to 5 years in prison or a $5,000 fine.
If the discharge results in serious impairment, the penalty increases to up to 10 years in prison or a $7,500 fine.
If the discharge results in death, the charge carries penalties of up to 15 years in prison or a $10,000 fine.
Exemptions: The law does not apply in situations where the minor obtains the firearm with parental permission for lawful activities such as employment, ranching, farming, target practice, hunting, or self-defense.
Public Information Campaign: The Department of Health and Human Services is tasked with informing the public about these new storage requirements and providing lethal means counseling literature to federally licensed firearms dealers.
Firearm Sale Requirements: Federally licensed firearms dealers must include safety devices or secure storage containers with every firearm sale, alongside safety information and warnings about the penalties for improper firearm storage.
Liability and Legal Actions: The act also outlines provisions regarding the liability of federally licensed firearms dealers for damages arising from the use or misuse of a firearm, stating that dealers are not liable if the sale complies with this and other applicable laws. It restricts the ability of political subdivisions to sue firearm or ammunition producers, reserving such legal actions exclusively for the state and subject to specific exceptions.
Criminal Penalties for Dealers: Violations of the act's provisions by federally licensed firearms dealers can lead to misdemeanor or felony charges, with penalties escalating for repeat offenses.
This act aims to enhance firearm safety, particularly in environments with minors, by establishing clear storage requirements and penalties for non-compliance, while also addressing the responsibilities and liabilities of firearms dealers in Michigan.