September 9, 2004, Introduced by Rep. Acciavatti and referred to the Committee on Judiciary.
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 5o (MCL 28.425o), as amended by 2002 PA 719.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 5o. (1) Subject to subsection (4), an individual
2 licensed under this act to carry a concealed pistol, or who is
3 exempt from licensure under section 12a(f), shall not carry a
4 concealed pistol on the premises of any of the following:
5 (a) A school or school property except that a parent or legal
1 guardian of a student of the school is not precluded from
2 carrying a concealed pistol while in a vehicle on school
3 property, if he or she is dropping the student off at the school
4 or picking up the child from the school. As used in this
5 section, "school" and "school property" mean those terms as
6 defined in section 237a of the Michigan penal code, 1931 PA 328,
7 MCL 750.237a.
8 (b) A public or private child care center or day care center,
9 public or private child caring institution, or public or private
10 child placing agency.
11 (c) A sports arena or stadium.
12 (d) A bar or tavern licensed under the Michigan liquor
13 control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, where
14 the primary source of income of the business is the sale of
15 alcoholic liquor by the glass and consumed on the premises. This
16 subdivision shall not apply to an owner or employee of the
17 business. The Michigan liquor control commission shall develop
18 and make available to holders of licenses under the Michigan
19 liquor control code of 1998, 1998 PA 58, MCL 436.1101 to
20 436.2303, an appropriate sign stating that "This establishment
21 prohibits patrons from carrying concealed weapons". The owner or
22 operator of an establishment licensed under the Michigan liquor
23 control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, may,
24 but shall is
not be required to, post the sign developed
25 under this subdivision. A record made available by an
26 establishment licensed under the Michigan liquor control code of
27 1998, 1998 PA 58, MCL 436.1101 to 436.2303, necessary to enforce
1 this subdivision is exempt from disclosure under the freedom of
2 information act, 1976 PA 442, MCL 15.231 to 15.246.
3 (e) Any property or facility owned or operated by a church,
4 synagogue, mosque, temple, or other place of worship, unless the
5 presiding official or officials of the church, synagogue, mosque,
6 temple, or other place of worship permit the carrying of
7 concealed pistol on that property or facility.
8 (f) An entertainment facility with a seating capacity of
9 2,500 or more individuals that the individual knows or should
10 know has a seating capacity of 2,500 or more individuals or that
11 has a sign above each public entrance stating in letters not less
12 than 1-inch high a seating capacity of 2,500 or more
13 individuals.
14 (g) A hospital.
15 (h) A dormitory or classroom of a community college, college,
16 or university.
17 (2) An individual licensed under this act to carry a
18 concealed pistol, or who is exempt from licensure under section
19 12a(f), shall not carry a concealed pistol in violation of
20 R 432.1212 or a successor rule of the Michigan administrative
21 code promulgated pursuant to the Michigan gaming control and
22 revenue act, the Initiated Law of 1996, MCL 432.201 to 432.226.
23 (3) As used in subsection (1), "premises" does not include
24 parking areas of the places identified under subsection (1).
25 (4) Subsection (1) does not apply to any of the following:
26 (a) An individual licensed under this act who is a retired
27 police officer or retired law enforcement officer. The concealed
1 weapon licensing board may require a letter from the law
2 enforcement agency stating that the retired police officer or law
3 enforcement officer retired in good standing.
4 (b) An individual who is licensed under this act and who is
5 employed or contracted by an entity described under subsection
6 (1) to provide security services and is required by his or her
7 employer or the terms of a contract to carry a concealed firearm
8 on the premises of the employing or contracting entity.
9 (c) An individual who is licensed as a private investigator
10 or private detective under the private detective license act,
11 1965 PA 285, MCL 338.821 to 338.851.
12 (d) Any of the
following who is licensed under this act
13 while on duty and in
the course of his or her employment:
14 (i) A corrections officer of a county sheriff's
department.
15 (ii) A motor carrier officer or capitol security officer
of
16 the department of
state police.
17 (iii) A member of a sheriff's posse.
18 (iv) An auxiliary officer or reserve officer of a police
or
19 sheriff's department.
20 (v) A parole or probation officer of the department of
21 corrections.
22 (d) An individual who is licensed under this act and who is a
23 corrections officer of a county sheriff's department.
24 (e) An individual who is licensed under this act and who is a
25 motor carrier officer or capitol security officer of the
26 department of state police.
27 (f) An individual who is licensed under this act and who is a
1 member of a sheriff's posse.
2 (g) An individual who is licensed under this act and who is
3 an auxiliary officer or reserve officer of a police or sheriff's
4 department.
5 (h) An individual who is licensed under this act and who is a
6 parole or probation officer of the department of corrections.
7 (5) An individual who violates this section is responsible
8 for a state civil infraction or guilty of a crime as follows:
9 (a) Except as provided in subdivisions (b) and (c), the
10 individual is responsible for a state civil infraction and may be
11 fined not more than $500.00. The court shall order the
12 individual's license to carry a concealed pistol suspended for 6
13 months.
14 (b) For a second violation, the individual is guilty of a
15 misdemeanor punishable by a fine of not more than $1,000.00. The
16 court shall order the individual's license to carry a concealed
17 pistol revoked.
18 (c) For a third or subsequent violation, the individual is
19 guilty of a felony punishable by imprisonment for not more than 4
20 years or a fine of not more than $5,000.00, or both. The court
21 shall order the individual's license to carry a concealed pistol
22 revoked.