S.B. 1137 (S-1): FIRST ANALYSIS - LEANING HUNTING WEAPONS

Senate Bill 1137 (Substitute S-1 as reported)

Sponsor: Senator Dave Jaye

Committee: Hunting, Fishing and Forestry

Date Completed: 10-1-98

RATIONALE

Under the Natural Resources and Environmental Protection Act (NREPA), a person must not transport or possess a firearm or bow in or upon a vehicle, unless the firearm is unloaded in both barrel and magazine, and the bow is unstrung, and either is enclosed in a case or carried in the trunk of a vehicle. An unloaded firearm also may be transported or possessed in a motorized boat. Apparently, some hunters have been issued tickets for violating these provisions. Some people believe that a person should be allowed to lean a loaded firearm or strung bow on a vehicle if the vehicle's motor or engine is turned off.

CONTENT

The bill would amend Part 401 (Wildlife Conservation) of the NREPA to provide that a person would not be prohibited from leaning a firearm or bow on a vehicle if the motor vehicle's motor or engine were off and if the firearm or bow were resting on the ground, whether or not the firearm was loaded or the bow was unstrung, or either was enclosed in a case.

MCL 324.40111

ARGUMENTS

(Please note: The arguments contained in this analysis originate from sources outside the Senate Fiscal Agency. The Senate Fiscal Agency neither supports nor opposes legislation.)

Supporting Argument

The bill would make it legal for a person to lean a loaded firearm or strung bow on a vehicle, whether or not either was enclosed in a case, if the vehicle's motor or engine were turned off. Apparently, some farmers who were staking out their fields trying to eliminate bovine tuberculosis-infected deer were unintentionally scaring away their targets because they had to reload each time the weapon was not being used

Response: The Department of Natural Resources (DNR) supports hunting as a legitimate and useful tool in the management of the wildlife resource. The bill, however, could pose a serious safety issue to the public. According to the DNR, conservation officers usually issue warnings if a person is leaning a hunting weapon on a motor vehicle because a loaded firearm could easily result in an accidental discharge of the firearm.

- Legislative Analyst: N. Nagata

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

- Fiscal Analyst: G. Cutler

A9798\S1137A

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.