HB 4138, 4142 & 4143 of 2023 - Require license or background check for purchase of firearms

[PhotoTom]

HB 4138 of 2023
Weapons: firearms; license or background check for purchase of firearms; require.
Last Action: 3/1/2023 bill electronically reproduced 03/01/2023

HB 4142 of 2023
Weapons: firearms; references to pistol in penal code; update. TIE BAR WITH: HB 4138'23
Last Action: 3/1/2023 bill electronically reproduced 03/01/2023

HB 4143 of 2023
Weapons: firearms; references in sentencing guidelines; update. TIE BAR WITH: HB 4138'23
Last Action: 3/1/2023 bill electronically reproduced 03/01/2023

[michaelm_ski]

What do we do now ???? IF they focused on the criminal and leave the law abiding citizens alone it would be a miracle !!!!

[Scandiacus]

This package passed the House last night. Interesting that the version passed by the House would shift the requirement to register the sale of a pistol onto the seller. There goes the registration exemption for someone with an out-of-state CPL.

It looks like it would also require a license to purchase a pistol from an FFL unless the purchaser has a CPL. That's a big step backward, and redundant.

It's murky, but the way I read it, it only requires a license to purchase a long gun (as opposed to purchase, possess, transport, carry a pistol), so it would seem to keep temporary loans legal without going through the process. Also interesting that it would legalize handgun hunting for supervised minors (was that legal before?).

Anything incorrect in my reading of it? I'm not a lawyer.

[PhotoTom]

3/8/2023 reported with recommendation with substitute (H-1)
3/8/2023 referred to second reading
3/8/2023 read a second time
3/8/2023 substitute (H-1) adopted
3/8/2023 placed on third reading
3/8/2023 postponed temporarily
3/8/2023 placed on immediate passage
3/8/2023 read a third time
3/8/2023 passed; given immediate effect Roll Call # 23 Yeas 56 Nays 53 Excused 0 Not Voting 1
3/8/2023 title amended
3/8/2023 transmitted
3/9/2023 RULES SUSPENDED
3/9/2023 REFERRED TO COMMITTEE OF THE WHOLE

Analysis file added:
http://www.legislature.mi.gov/docume...8-5677FDA5.pdf

[stan92166]

-+

[Jailer]

As I read it this nullifies Shutte's opinion letter for out of state CPL holders as it requires licensure to purchase, carry, possess, or transport a firearm. So if you hold an out of state CPL and obtained a pistol and did not turn your RI 60 in to the local PD you can't carry, possess or transport that pistol.

Am I reading that correctly?

[ltcnav]

If you voted for any Dem, or did not vote at all, This is on YOU!

[MCPO_SOCM_RET]

As I read it this nullifies Shutte's opinion letter for out of state CPL holders as it requires licensure to purchase, carry, possess, or transport a firearm. So if you hold an out of state CPL and obtained a pistol and did not turn your RI 60 in to the local PD you can't carry, possess or transport that pistol.

Am I reading that correctly?

That disingenuous "out-of-state" loophole/MI CPL workaround boondoggle was bound to bite you square in the ass eventually - if you somehow thought it would protect you as a MI resident.

You're missing the whole added paragraph too ... all firearms need a license - as it is written now.

MCL 28.422
Sec. 2. (1)
(b) Purchase a firearm that is not a pistol in this state
without first having obtained a license for the firearm as
prescribed in this section. This subdivision does not apply to the
purchase or acquisition of a firearm that occurred before the
effective date of the amendatory act that added this subdivision.

[TheWabbit]

3/8/2023 passed; given immediate effect Roll Call # 23 Yeas 56 Nays 53 Excused 0 Not Voting 1
Passed?

[MCPO_SOCM_RET]

And you can't even properly fill out a RI60 with the current law...the current RI60 doesn't have a place for the seller to sign the form.

Can't wait to see how bad the MSP jacks up these new changes if this makes it through.


The one that has my spidey senses tingling is:

MCL 28.422a
Sec. 2a. (1) The following individuals are not required to
obtain a license under section 2 to purchase, carry, possess, use,
or transport a firearm:
(d) An individual purchasing a firearm other than a pistol who
has a federal national instant criminal background check performed
on the individual by a federally licensed firearms dealer not more
than 5 days before the purchase.