TRANSPORTATION OF AN UNLOADED PISTOL

TO OR FROM A LAW ENFORCEMENT AGENCY

House Bill 4568

Sponsor:  Rep. Jeff Mayes

Committee:  Tourism, Outdoor Recreation and Natural Resources

Complete to 6-8-09

A SUMMARY OF HOUSE BILL 4568 AS INTRODUCED 3-12-09

Under Section 227(2) of the Michigan Penal Code (MCL 750.227(2)) it is a felony for a person to carry a concealed pistol or to carry a pistol (concealed or not) in a vehicle that he or she is driving or riding in, except in his or her dwelling house, place of business, or on other land possessed by the person, unless he or she has a license to carry the pistol and is using it in a manner consistent with any restrictions appearing on the license.  A violation of this statute constitutes a felony punishable by up to five years in prison or a fine of up to $2,500.  Numerous exceptions to this statute already exist. 

House Bill 4568 would add to existing exceptions to allow a person to transport an unloaded pistol en route to or from a law enforcement agency "for the purpose of complying with Section 2 of Public Act 372 of 1927, MCL 28.422," if the pistol is unloaded and in a closed case or container designed for the storage of firearms in the vehicle's trunk.  If the vehicle has no trunk, the closed case or container would have to be "not readily accessible" to the vehicle's occupants. 

[Note:  Section 2 has no specific requirement that a pistol be transported to a law enforcement agency in order to be licensed.  State law no longer requires that a pistol undergo a safety inspection.]

FISCAL IMPACT:

This bill would have no fiscal impact on state or local government.

                                                                                           Legislative Analyst:   Shannan Kane

                                                                                                  Fiscal Analyst:   Jan Wisniewski

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.