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.]