SB 0076 - 0078 of 2023 - Require license or background check for purchase of firearms

[matt11]

looks like they are adding a charge of $10 for each license a PD processes.

To be honest, I am reading these proposals and getting very confused. I can only imagine the LE interpretations and the average persons understanding of any new requirements.

[Corsten]

Looks like they passed in the Senate 3/16/2023. It appears to have retained the out of state CPL exception.

[Scandiacus]

Still no provision for loaning firearms to family members (apart from pistols to a minor for hunting, oddly), even though Senator Chang insisted to me when I asked that such an exception would be included, per recommendations from MUCC. Shocker, she was dishonest....

Edit: Unless, does "Purchase or acquire a firearm" only apply to transfers of ownership? What's the legal definition of acquire?

[Flash-hider]

I would say "acquire" would be gifting. Father to son/daughter, uncle to nephew/niece, grandpa to grandchild, me to you, Etc.

[PhotoTom]

SB 0076 of 2023
Weapons: firearms; license or background check for purchase of firearms; require. Amends secs. 2, 2a, 2b, 12 & 14a of 1927 PA 372 (MCL 28.422 et seq.).
3/16/2023 REPORTED BY COMMITTEE OF THE WHOLE FAVORABLY WITH SUBSTITUTE (S-3)
3/16/2023 SUBSTITUTE (S-3) CONCURRED IN
3/16/2023 PLACED ON ORDER OF THIRD READING WITH SUBSTITUTE (S-3)
3/16/2023 RULES SUSPENDED
3/16/2023 PLACED ON IMMEDIATE PASSAGE
3/16/2023 AMENDMENT(S) DEFEATED
3/16/2023 PASSED ROLL CALL # 80 YEAS 20 NAYS 17 EXCUSED 1 NOT VOTING 0
3/16/2023 IMMEDIATE EFFECT DEFEATED
3/16/2023 received on 03/16/2023

SB 0077 of 2023
Weapons: firearms; references to pistol in penal code; update. Amends secs. 223 & 232a of 1931 PA 328 (MCL 750.223 & 750.232a). TIE BAR WITH: SB 0076'23
3/16/2023 REPORTED BY COMMITTEE OF THE WHOLE FAVORABLY WITHOUT AMENDMENT(S)
3/16/2023 PLACED ON ORDER OF THIRD READING
3/16/2023 RULES SUSPENDED
3/16/2023 PLACED ON IMMEDIATE PASSAGE
3/16/2023 PASSED ROLL CALL # 81 YEAS 20 NAYS 17 EXCUSED 1 NOT VOTING 0
3/16/2023 IMMEDIATE EFFECT DEFEATED
3/16/2023 received on 03/16/2023

SB 0078 of 2023
Weapons: firearms; references in sentencing guidelines; update. Amends secs. 11b & 16m, ch. XVII of 1927 PA 175 (MCL 777.11b & 777.16m). TIE BAR WITH: SB 0076'23
3/16/2023 REPORTED BY COMMITTEE OF THE WHOLE FAVORABLY WITHOUT AMENDMENT(S)
3/16/2023 PLACED ON ORDER OF THIRD READING
3/16/2023 RULES SUSPENDED
3/16/2023 PLACED ON IMMEDIATE PASSAGE
3/16/2023 PASSED ROLL CALL # 82 YEAS 20 NAYS 17 EXCUSED 1 NOT VOTING 0
3/16/2023 IMMEDIATE EFFECT DEFEATED
3/16/2023 received on 03/16/2023

[MCPO_SOCM_RET]

Still no provision for loaning firearms to family members (apart from pistols to a minor for hunting, oddly), even though Senator Chang insisted to me when I asked that such an exception would be included, per recommendations from MUCC. Shocker, she was dishonest....

Edit: Unless, does "Purchase or acquire a firearm" only apply to transfers of ownership? What's the legal definition of acquire?

I would say "acquire" would be gifting. Father to son/daughter, uncle to nephew/niece, grandpa to grandchild, me to you, Etc.

You're going to have to go federal (USC) for a definition, one does not currently exist in the MCLs (passed into law, or proposed).

So then you're left with ANY change of hands/ownership. [layman's understanding]
OR as referenced by Ch 44 18 USC s. 921 & 922
(1) The term “acquire” means to come into possession of, whether directly or indirectly, through a sale, trade, exchange, or other transaction, and the term “acquisition” means the act of acquiring.

Now I'm definitely in deep waters...Tom, or others, any perspective?

[Harrison]

I see that immediate effect was defeated. Does that mean it won't be effective until 90 days after the legislative session ends (so in a year or so)?

[PhotoTom]

I see that immediate effect was defeated. Does that mean it won't be effective until 90 days after the legislative session ends (so in a year or so)?

Correct, but not in a year, rather, at the end of this year (90 days after December 21, 2023).

[Iambusy3]

Correct, but not in a year, rather, at the end of this year (90 days after December 21, 2023).

Tom, the Michigan Legislature operates on two year sessions. Therefore these laws can't officially kick in until 90 days after the actual session, which will end in December 2024.

[PhotoTom]

SB 0076 of 2023
Weapons: firearms; license or background check for purchase of firearms; require. Amends secs. 2, 2a, 2b, 12 & 14a of 1927 PA 372 (MCL 28.422 et seq.).
Last Action: 3/21/2023 referred to Committee on Judiciary

SB 0077 of 2023
Weapons: firearms; references to pistol in penal code; update. Amends secs. 223 & 232a of 1931 PA 328 (MCL 750.223 & 750.232a). TIE BAR WITH: SB 0076'23
Last Action: 3/21/2023 referred to Committee on Judiciary

SB 0078 of 2023
Weapons: firearms; references in sentencing guidelines; update. Amends secs. 11b & 16m, ch. XVII of 1927 PA 175 (MCL 777.11b & 777.16m). TIE BAR WITH: SB 0076'23
Last Action: 3/21/2023 referred to Committee on Judiciary

All 3 bills have passed the Senate and have been handed off to the House and are currently in the Committee on Judiciary