SB-0505, As Passed Senate, January 22, 2008

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), as amended

by 2002 PA 719.

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.

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.

(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.

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(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.

(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

~~shall~~ 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 ~~shall~~ is not be 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(f), shall

not carry a concealed pistol in violation of R 432.1212 or a

successor rule of the Michigan administrative code promulgated

~~pursuant to~~ under the Michigan gaming control and revenue act, the

Initiated Law of 1996, 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.

private detective under the private detective license act, 1965 PA

285, MCL 338.821 to 338.851.

(d) Any of the following who is licensed under this act while

on duty and in the course of his or her employment:

(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.

(e) 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 article VI,

section 30 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.

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

after the date it is enacted.