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Thread: HB 4876 of 2017 Modify certain requirements to obtain a license to possess a pistol

  1. #1
    Administrator PhotoTom's Avatar
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    HB 4876 of 2017 Modify certain requirements to obtain a license to possess a pistol

    HB 4876 of 2017
    Weapons; licensing; certain requirements to obtain a license to possess a pistol; modify. Amends secs. 1, 12 & 15 of 1927 PA 372 (MCL 28.421 et seq.).
    Last Action: 9/6/2017 bill electronically reproduced 08/16/2017

    DISCLAIMER: The opinions expressed in my posts are my own and do not necessarily reflect the opinions, views, or official policies of Michigan Gun Owners.

  2. #2
    so I understand the part that allows pistols to be registered to a trust, not just an individual, but I don't get what the following section does:
    "(I) WHEN PRESENT IN A DOMICILE OF A PERSON LICENSED TO POSSESS

    OR CARRY A PISTOL, A SPOUSE, FAMILY MEMBER, OR GUEST OF THAT

    PERSON.

    (J) A PERSON THAT IS OR HAS PREVIOUSLY BEEN APPROVED,

    PERMITTED, OR LICENSED IN THIS STATE TO PURCHASE, CARRY, POSSESS,

    OR TRANSPORT A PISTOL.(I) WHEN PRESENT IN A DOMICILE OF A PERSON LICENSED TO POSSESS

    OR CARRY A PISTOL, A SPOUSE, FAMILY MEMBER, OR GUEST OF THAT

    PERSON.

    (J) A PERSON THAT IS OR HAS PREVIOUSLY BEEN APPROVED,

    PERMITTED, OR LICENSED IN THIS STATE TO PURCHASE, CARRY, POSSESS,

    OR TRANSPORT A PISTOL."

    Would that mean that anyone could carry my "Michigan Pistol" that is 29" long if they have a CPL?

  3. #3
    MGO Member Roundballer's Avatar
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    Interesting!

    They are adding to definitions 28.421:

    "(i) "Person" means an individual, trust, partnership, corporation, association, or other legal entity."

    This looks like it opens up adding firearms, any firearm, to a trust.

    Then to 28.432, exception to 422:

    "(i) When present in a domicile of a person licensed to possess or carry a pistol, a spouse, family member, or guest of that person.

    (j) A person that is or has previously been approved, permitted, or licensed in this state to purchase, carry, possess, or transport a pistol."


    The full ramifications of this aren't clear. It excepts "possession" within a home for anybody that is there legally. It also appears to dump the requirement for registering if you have ever registered one before, or even have an expired CPL.

    And in 28.435 they add the word "trust" to this line:

    "(c) "Person" means an individual, trust, partnership, corporation, association, or other legal entity."

    This just completes the loop for the definition of "person" to include a "trust".

    All in all, short of just dumping registration, it looks to be a step forward.


    Life Member, NRA, Lapeer County Sportsmen's Club Disclaimer: I Am Not A Lawyer. Opinions expressed are not representative of any organization to which I may belong, and are solely mine. Any natural person or legal entity reading this post accepts all responsibility for any actions undertaken by that person or entity, based upon what they perceived was contained in this post, and shall hold harmless this poster, his antecedents, and descendants, in perpetuity.

  4. #4
    It does nothing for a 5b license holder, only a section 2 license holder.

  5. #5
    MGO Member Roundballer's Avatar
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    Quote Originally Posted by Jared1981 View Post
    It does nothing for a 5b license holder, only a section 2 license holder.
    It does not include OR exclude any form of a license.

    It says "(j) A person that is or has previously been approved, permitted, or licensed in this state to purchase, carry, possess, or transport a pistol."

    If a person "previously" had been "approved, permitted or licensed" for "purchase, carry possess, OR transport".

    Two separate conditions "OR'd" together. And what it does is "except" the requirement to register (422) for someone that meets the exception, and it looks like that would include someone that has an expired CPL. As they would have been "previously" licensed.


    Life Member, NRA, Lapeer County Sportsmen's Club Disclaimer: I Am Not A Lawyer. Opinions expressed are not representative of any organization to which I may belong, and are solely mine. Any natural person or legal entity reading this post accepts all responsibility for any actions undertaken by that person or entity, based upon what they perceived was contained in this post, and shall hold harmless this poster, his antecedents, and descendants, in perpetuity.

  6. #6
    Quote Originally Posted by Roundballer View Post
    It does not include OR exclude any form of a license.

    It says "(j) A person that is or has previously been approved, permitted, or licensed in this state to purchase, carry, possess, or transport a pistol."

    If a person "previously" had been "approved, permitted or licensed" for "purchase, carry possess, OR transport".

    Two separate conditions "OR'd" together. And what it does is "except" the requirement to register (422) for someone that meets the exception, and it looks like that would include someone that has an expired CPL. As they would have been "previously" licensed.
    I see your point, I'm just looking at the language they use verbatim from the LTP statute.

    Either way, I've been trying to get people to pay attention to subsection (f) of section 12. So even if this passed, half the people would still be hyperventilating about registration exemptions, even if they added (j).

  7. #7
    Administrator PhotoTom's Avatar
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    HB 4876 of 2017
    Weapons; licensing; certain requirements to obtain a license to possess a pistol; modify. Amends secs. 1, 12 & 15 of 1927 PA 372 (MCL 28.421 et seq.).
    Last Action: 9/25/2017 Analysis File Added

    http://www.legislature.mi.gov/docume...6-8E1264B2.pdf

    DISCLAIMER: The opinions expressed in my posts are my own and do not necessarily reflect the opinions, views, or official policies of Michigan Gun Owners.

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