January 19, 2011, Introduced by Senators JONES and HANSEN 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 the title and sections 5f, 5k, and 5o (MCL 28.425f,
28.425k, and 28.425o), the title as amended and section 5k as added
by 2000 PA 381, section 5f as amended by 2008 PA 194, and section
5o as amended by 2008 PA 407.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to regulate and license the selling, purchasing,
possessing,
and carrying of certain firearms, and gas ejecting
devices, and electro-muscular disruption devices; to prohibit the
buying,
selling, or carrying of certain firearms, and gas ejecting
devices, and electro-muscular disruption 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.
Sec. 5f. (1) An individual who is licensed under this act to
carry a concealed pistol shall have his or her license to carry
that pistol in his or her possession at all times he or she is
carrying a concealed pistol.
(2) An individual who is licensed under this act to carry a
concealed pistol and who is carrying a concealed pistol shall show
both of the following to a peace officer upon request by that peace
officer:
(a) His or her license to carry a concealed pistol.
(b) His or her driver license or Michigan personal
identification card.
(3) An individual licensed under this act to carry a concealed
pistol and who is carrying a concealed pistol and who is stopped by
a peace officer shall immediately disclose to the peace officer
that he or she is carrying a pistol concealed upon his or her
person or in his or her vehicle. If the individual is carrying on
his or her person or in his or her vehicle a portable device that
uses electro-muscular disruption technology pursuant to section
224a(2)(a)(xii) of the Michigan penal code, 1931 PA 328, MCL
750.224a, he or she also shall immediately disclose that fact to
the peace officer.
(4) An individual who violates subsection (1) or (2) is
responsible for a state civil infraction and may be fined not more
than $100.00.
(5) An individual who violates subsection (3) is responsible
for a state civil infraction and may be fined as follows:
(a) For a first offense, by a fine of not more than $500.00 or
by the individual's license to carry a concealed pistol being
suspended for 6 months, or both.
(b) For a subsequent offense within 3 years of a prior
offense, by a fine of not more than $1,000.00 and by the
individual's license to carry a concealed pistol being revoked.
(6) If an individual is found responsible for a state civil
infraction under this section, the court shall notify the
department of state police and the concealed weapon licensing board
that issued the license of that determination.
(7) A pistol carried in violation of this section is subject
to immediate seizure by a peace officer. If a peace officer seizes
a pistol under this subsection, the individual has 45 days in which
to display his or her license or documentation to an authorized
employee of the law enforcement entity that employs the peace
officer. If the individual displays his or her license or
documentation to an authorized employee of the law enforcement
entity that employs the peace officer within the 45-day period, the
authorized employee of that law enforcement entity shall return the
pistol to the individual unless the individual is prohibited by law
from possessing a firearm. If the individual does not display his
or her license or documentation within the 45-day period, the
pistol is subject to forfeiture as provided in section 5g. A pistol
is not subject to immediate seizure under this subsection if both
of the following circumstances exist:
(a) The individual has his or her driver license or Michigan
personal identification card in his or her possession when the
violation occurs.
(b) The peace officer verifies through the law enforcement
information network that the individual is licensed under this act
to carry a concealed pistol.
(8) As used in this section, "peace officer" includes a motor
carrier officer appointed under section 6d of 1935 PA 59, MCL
28.6d, and security personnel employed by the state under section
6c of 1935 PA 59, MCL 28.6c.
Sec. 5k. (1) Acceptance of a license issued under this act to
carry a concealed pistol constitutes implied consent to submit to a
chemical analysis under this section. This section also applies to
individuals
listed in section 12a(a) 12a(1)(a)
to (f).
(2) An individual shall not carry a concealed pistol while he
or she is under the influence of alcoholic liquor or a controlled
substance or while having a bodily alcohol content prohibited under
this
section. A person An
individual licensed under this act to
carry a concealed pistol who, pursuant to section 224a(2)(a)(xii) of
the Michigan penal code, 1931 PA 328, MCL 750.224a, may carry a
portable device that uses electro-muscular disruption technology
shall not carry that portable device while under the influence of
alcoholic liquor or a controlled substance or while having a bodily
alcohol content prohibited under this section. An individual who
violates this section is responsible for a state civil infraction
or guilty of a crime as follows:
(a) If the person was under the influence of alcoholic liquor
or a controlled substance or a combination of alcoholic liquor and
a controlled substance, or had a bodily alcohol content of .10 or
more grams per 100 milliliters of blood, per 210 liters of breath,
or per 67 milliliters of urine, the individual is guilty of a
misdemeanor punishable by imprisonment for not more than 93 days or
$100.00, or both. The court shall order the concealed weapon
licensing board that issued the individual a license to carry a
concealed pistol to permanently revoke the license. The concealed
weapon licensing board shall permanently revoke the license as
ordered by the court.
(b) If the person had a bodily alcohol content of .08 or more
but less than .10 grams per 100 milliliters of blood, per 210
liters of breath, or per 67 milliliters of urine, the individual is
guilty of a misdemeanor punishable by imprisonment for not more
than 93 days or $100.00, or both. The court may order the concealed
weapon licensing board that issued the individual a license to
carry a concealed pistol to revoke the license for not more than 3
years. The concealed weapon licensing board shall revoke the
license as ordered by the court.
(c) If the person had a bodily alcohol content of .02 or more
but less than .08 grams per 100 milliliters of blood, per 210
liters of breath, or per 67 milliliters of urine, the individual is
responsible for a state civil infraction and may be fined not more
than $100.00. The court may order the concealed weapon licensing
board that issued the individual the license to revoke the license
for 1 year. The concealed weapon licensing board shall revoke the
license as ordered by the court. The court shall notify the
concealed weapon licensing board that issued the individual a
license to carry a concealed pistol if an individual is found
responsible for a subsequent violation of this subdivision.
(3) This section does not prohibit an individual licensed
under this act to carry a concealed pistol who has any bodily
alcohol
content from transporting doing
any of the following:
(a) Transporting that pistol in the locked trunk of his or her
motor vehicle or another motor vehicle in which he or she is a
passenger or, if the vehicle does not have a trunk, from
transporting that pistol unloaded in a locked compartment or
container
that is separated from the ammunition for that pistol. or
(b) Transporting that pistol on a vessel if the pistol is
transported unloaded in a locked compartment or container that is
separated from the ammunition for that pistol.
(c) Transporting a portable device using electro-muscular
disruption technology in the locked trunk of his or her motor
vehicle or another motor vehicle in which he or she is a passenger,
or, if the vehicle does not have a trunk, from transporting that
portable device in a locked compartment or container.
(d) Transporting a portable device using electro-muscular
disruption technology on a vessel if the portable device is
transported in a locked compartment or container.
(4) A peace officer who has probable cause to believe an
individual is carrying a concealed pistol or a portable device
using electro-muscular disruption technology in violation of this
section may require the individual to submit to a chemical analysis
of his or her breath, blood, or urine.
(5) Before an individual is required to submit to a chemical
analysis under subsection (4), the peace officer shall inform the
individual of all of the following:
(a) The individual may refuse to submit to the chemical
analysis, but if he or she chooses to do so, all of the following
apply:
(i) The officer may obtain a court order requiring the
individual to submit to a chemical analysis.
(ii) The refusal may result in his or her license to carry a
concealed pistol being suspended or revoked.
(b) If the individual submits to the chemical analysis, he or
she may obtain a chemical analysis described in subsection (4) from
a person of his or her own choosing.
(6) The collection and testing of breath, blood, and urine
specimens under this section shall be conducted in the same manner
that breath, blood, and urine specimens are collected and tested
for alcohol- and controlled-substance-related driving violations
under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.
(7) If a person refuses to take a chemical test authorized
under this section, the peace officer shall promptly report the
refusal in writing to the concealed weapon licensing board that
issued the license to the individual to carry a concealed pistol.
(8) If a person takes a chemical test authorized under this
section and the test results indicate that the individual had any
bodily alcohol content while carrying a concealed pistol, the peace
officer shall promptly report the violation in writing to the
concealed weapon licensing board that issued the license to the
individual to carry a concealed pistol.
(9) As used in this section:
(a) "Alcoholic liquor" means that term as defined in section
105 of the Michigan liquor control code of 1998, 1998 PA 58, MCL
436.1105.
(b) "Controlled substance" means that term as defined in
section
7104 of the public health code, 1978 PA 368, MCL 333.7401
333.7104.
Sec.
5o. (1) Subject to subsection (4) (5), 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) Subject to subsection (5), an individual who is licensed
under this act to carry a concealed pistol and who, pursuant to
section 224a of the Michigan penal code, 1931 PA 328, MCL 750.224a,
carries on his or her person or in his or her vehicle a portable
device that uses electro-muscular disruption technology shall not
carry that portable device on any of the premises described in
subsection (1).
(3) (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.
(4) (3)
As used in subsection (1),
"premises" does not include
parking areas of the places identified under subsection (1).
(5) (4)
Subsection (1) does Subsections
(1) and (2) do 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 professional investigator licensure
act, 1965 PA 285, MCL 338.821 to 338.851.
(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.
(j) An individual who is licensed under this act and who is a
court officer.
(6) (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 does not take effect
unless Senate Bill No. 29
of the 96th Legislature is enacted into law.