TRANSPORTING PISTOL BY NON-CPL HOLDER

House Bill 5282

Sponsor:  Rep. Bruce R. Rendon

Committee:  Judiciary

Complete to 5-2-12

A SUMMARY OF HOUSE BILL 5282 AS INTRODUCED 1-24-12

Unless a person has a concealed pistol license (CPL), the owner of a licensed pistol is prohibited from carrying that pistol in a vehicle the owner is operating or occupying unless the person is transporting the pistol for a lawful purpose and the pistol is unloaded in a closed case designed for the storage of firearms in the trunk of the vehicle.  If the vehicle does not have a trunk, the case containing the pistol must not be readily accessible to the occupants of the vehicle.

House Bill 5282 would amend the Michigan Penal Code (MCL 750.231a) to delete the definition for the term "lawful purpose."  Owners of a licensed pistol who do not have a CPL would still be restricted to transporting that pistol in a vehicle only for a lawful purpose and only if contained in the manner prescribed by law.

"Lawful purpose" is defined in the Michigan Penal Code to include the following:

o                   While en route to or from a hunting or target shooting area.

o                   While en route to or from home or place of business and a place of repair.

o                   While moving goods from one residence or business to another.

o                   While en route to or from a law enforcement agency or for the purpose of having a law enforcement official take possession of the pistol.

o                   While en route to or from home or place of business and a gun show or places of purchase or sale.

o                   While en route to or from home to a public shooting range or public land where discharge of firearms is lawful.

o                   While en route to or from home to a private property location where the pistol is to be used as lawfully permitted.

FISCAL IMPACT:

A fiscal analysis is in process.

                                                                                           Legislative Analyst:   Susan Stutzky

                                                                                                  Fiscal Analyst:   Robin Risko

This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.