SB-0505, As Passed House, December 11, 2008
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 505
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 sections 1 and 5o (MCL 28.421 and 28.425o), section 1
as amended by 2002 PA 719 and section 5o as amended by 2008 PA 194.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "Felony" means that term as defined in section 1 of
chapter I of the code of criminal procedure, 1927 PA 175, MCL
761.1, or a violation of a law of the United States or another
state that is designated as a felony or that is punishable by death
or by imprisonment for more than 1 year.
(b) "Firearm" means a weapon from which a dangerous projectile
may be propelled by an explosive, or by gas or air. Firearm does
not include a smooth bore rifle or handgun designed and
manufactured exclusively for propelling by a spring, or by gas or
air, BB's not exceeding .177 caliber.
(c) "Misdemeanor" means a violation of a penal law of this
state or violation of a local ordinance substantially corresponding
to a violation of a penal law of this state that is not a felony or
a violation of an order, rule, or regulation of a state agency that
is punishable by imprisonment or a fine that is not a civil fine,
or both.
(d) "Peace officer" means, except as otherwise provided in
this act, an individual who is employed as a law enforcement
officer, as that term is defined under section 2 of the commission
on law enforcement standards act, 1965 PA 203, MCL 28.602, by this
state or another state, a political subdivision of this state or
another state, or the United States, and who is required to carry a
firearm in the course of his or her duties as a law enforcement
officer.
(e) "Pistol" means a loaded or unloaded firearm that is 30
inches or less in length, or a loaded or unloaded firearm that by
its construction and appearance conceals it as a firearm.
(f) "Purchaser" means a person who receives a pistol from
another person by purchase or gift.
Senate Bill No. 505 (H-3) as amended December 11, 2008
(g) "Reserve peace officer", "auxiliary officer", or "reserve
officer" means, except as otherwise provided in this act, an
individual authorized on a voluntary or irregular basis by a duly
authorized police agency of this state or a political subdivision
of this state to act as a law enforcement officer, who is
responsible for the preservation of the peace, the prevention and
detection of crime, and the enforcement of the general criminal
laws of this state, and who is otherwise eligible to possess a
firearm under this act.
(h) "Retired police officer" or "retired law enforcement
officer"
means an individual who was a certified police officer or
certified
law enforcement officer as those
terms are defined who
was
certified as described under section 2(k)
9a of the commission
on
the law enforcement standards act, 1965 PA 203, MCL 28.602
28.609a, and retired in good standing from his or her employment as
a police officer or law enforcement officer.
(i) "Seller" means a person who sells or gives a pistol to
another person.
(j) "State court judge" means a judge of the district court,
circuit court, probate court, or court of appeals or justice of the
supreme court of this state who is serving either by election or
appointment.
(k) "State court retired judge" means a judge or justice
described in subdivision (j) who is retired[, or a retired judge of the
recorders court].
Sec. 5o. (1) Subject to subsection (4), an individual licensed
under this act to carry a concealed pistol, or who is exempt from
licensure under section 12a(1)(f), shall not carry a concealed
pistol on the premises of any of the following:
(a) A school or school property except that a parent or legal
guardian of a student of the school is not precluded from carrying
a concealed pistol while in a vehicle on school property, if he or
she is dropping the student off at the school or picking up the
child from the school. As used in this section, "school" and
"school property" mean those terms as defined in section 237a of
the Michigan penal code, 1931 PA 328, MCL 750.237a.
(b) A public or private child care center or day care center,
public or private child caring institution, or public or private
child placing agency.
(c) A sports arena or stadium.
(d) A bar or tavern licensed under the Michigan liquor control
code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, where the
primary source of income of the business is the sale of alcoholic
liquor by the glass and consumed on the premises. This subdivision
does not apply to an owner or employee of the business. The
Michigan liquor control commission shall develop and make available
to holders of licenses under the Michigan liquor control code of
1998, 1998 PA 58, MCL 436.1101 to 436.2303, an appropriate sign
stating that "This establishment prohibits patrons from carrying
concealed weapons". The owner or operator of an establishment
licensed under the Michigan liquor control code of 1998, 1998 PA
58, MCL 436.1101 to 436.2303, may, but is not required to, post the
sign developed under this subdivision. A record made available by
an establishment licensed under the Michigan liquor control code of
1998, 1998 PA 58, MCL 436.1101 to 436.2303, necessary to enforce
this subdivision is exempt from disclosure under the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246.
(e) Any property or facility owned or operated by a church,
synagogue, mosque, temple, or other place of worship, unless the
presiding official or officials of the church, synagogue, mosque,
temple, or other place of worship permit the carrying of concealed
pistol on that property or facility.
(f) An entertainment facility with a seating capacity of 2,500
or more individuals that the individual knows or should know has a
seating capacity of 2,500 or more individuals or that has a sign
above each public entrance stating in letters not less than 1-inch
high a seating capacity of 2,500 or more individuals.
(g) A hospital.
(h) A dormitory or classroom of a community college, college,
or university.
(2) An individual licensed under this act to carry a concealed
pistol, or who is exempt from licensure under section 12a(1)(f),
shall not carry a concealed pistol in violation of R 432.1212 or a
successor rule of the Michigan administrative code promulgated
under the Michigan gaming control and revenue act, 1996 IL 1, MCL
432.201 to 432.226.
(3) As used in subsection (1), "premises" does not include
parking areas of the places identified under subsection (1).
(4) Subsection (1) does not apply to any of the following:
(a) An individual licensed under this act who is a retired
police officer or retired law enforcement officer. The concealed
weapon licensing board may require a letter from the law
enforcement agency stating that the retired police officer or law
enforcement officer retired in good standing.
(b) An individual who is licensed under this act and who is
employed or contracted by an entity described under subsection (1)
to provide security services and is required by his or her employer
or the terms of a contract to carry a concealed firearm on the
premises of the employing or contracting entity.
(c) An individual who is licensed as a private investigator or
private
detective under the private detective license professional
investigator licensure act, 1965 PA 285, MCL 338.821 to 338.851.
(d)
Any of the following who is licensed under this act:
(i) A corrections officer of a county sheriff's
department.
(ii) A motor carrier officer or capitol security
officer of the
department
of state police.
(iii) A member of a sheriff's posse.
(iv) An auxiliary officer or reserve officer of a
police or
sheriff's
department.
(v) A parole or probation officer of the department of
corrections.
(d) An individual who is licensed under this act and who is a
corrections officer of a county sheriff's department.
(e) An individual who is licensed under this act and who is a
motor carrier officer or capitol security officer of the department
of state police.
(f) An individual who is licensed under this act and who is a
member of a sheriff's posse.
(g) An individual who is licensed under this act and who is an
auxiliary officer or reserve officer of a police or sheriff's
department.
(h) An individual who is licensed under this act and who is a
parole or probation officer of the department of corrections.
(i) A state court judge or state court retired judge who is
licensed under this act. The concealed weapon licensing board may
require a state court retired judge to obtain and carry a letter
from the judicial tenure commission stating that the state court
retired judge is in good standing as authorized under section 30 of
article VI of the state constitution of 1963, and rules promulgated
under that section, in order to qualify under this subdivision.
(5) An individual who violates this section is responsible for
a state civil infraction or guilty of a crime as follows:
(a) Except as provided in subdivisions (b) and (c), the
individual is responsible for a state civil infraction and may be
fined not more than $500.00. The court shall order the individual's
license to carry a concealed pistol suspended for 6 months.
(b) For a second violation, the individual is guilty of a
misdemeanor punishable by a fine of not more than $1,000.00. The
court shall order the individual's license to carry a concealed
pistol revoked.
(c) For a third or subsequent violation, the individual is
guilty of a felony punishable by imprisonment for not more than 4
years or a fine of not more than $5,000.00, or both. The court
shall order the individual's license to carry a concealed pistol
revoked.
Enacting section 1. This amendatory act takes effect 90 days
Senate Bill No. 505 (H-3) as amended December 11, 2008
after the date it is enacted into law.
[Enacting section 2. This amendatory act does not take effect
unless House Bill No. 5969 of the 94th Legislature is enacted into law.]