HB-4568, As Passed House, October 29, 2009

SUBSTITUTE FOR

HOUSE BILL NO. 4568

     A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending section 231a (MCL 750.231a), as amended by 2008 PA 196.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 231a. (1) Subsection (2) of section 227 does not apply to

any of the following:

     (a) To a person holding a valid license to carry a pistol

concealed upon his or her person issued by his or her state of

residence except where the pistol is carried in nonconformance with

a restriction appearing on the license.

     (b) To the regular and ordinary transportation of pistols as

merchandise by an authorized agent of a person licensed to

manufacture firearms.

     (c) To a person carrying an antique firearm as defined in

subsection (2), completely unloaded in a closed case or container

designed for the storage of firearms in the trunk of a vehicle.

     (d) To a person while transporting a pistol for a lawful

purpose that is licensed by the owner or occupant of the motor

vehicle in compliance with section 2 of 1927 PA 372, MCL 28.422,

and if the pistol is unloaded in a closed case designed for the

storage of firearms in the trunk of the vehicle. as follows:

     (i) Except as provided in subparagraph (ii), in the trunk of the

vehicle.

     (ii) If the vehicle has no trunk, in an area of the vehicle

that is not readily accessible to the occupants of the vehicle.

     (e) To a person while transporting a pistol for a lawful

purpose that is licensed by the owner or occupant of the motor

vehicle in compliance with section 2 of 1927 PA 372, MCL 28.422,

and the pistol is unloaded in a closed case designed for the

storage of firearms in a vehicle that does not have a trunk and is

not readily accessible to the occupants of the vehicle.

     (2) As used in this section:

     (a) "Antique firearm" means either of the following:

     (i) A firearm not designed or redesigned for using rimfire or

conventional center fire ignition with fixed ammunition and

manufactured in or before 1898, including a matchlock, flintlock,

percussion cap, or similar type of ignition system or replica of

such a firearm, whether actually manufactured before or after 1898.

     (ii) A firearm using fixed ammunition manufactured in or before

1898, for which ammunition is no longer manufactured in the United

States and is not readily available in the ordinary channels of

commercial trade.

     (b) "Lawful purpose" includes the following:

     (i) While en route to or from a hunting or target shooting

area.

     (ii) While transporting a pistol en route to or from his or her

home or place of business and place of repair.

     (iii) While moving goods from 1 place of abode or business to

another place of abode or business.

     (iv) While transporting a licensed pistol en route to or from a

law enforcement agency. or for the purpose of having a law

enforcement official take possession of the weapon.

     (v) While en route to or from his or her abode or place of

business and a gun show or places of purchase or sale.

     (vi) While en route to or from his or her abode to a public

shooting facility or public land where discharge of firearms is

permitted by law, rule, regulation, or local ordinance.

     (vii) While en route to or from his or her abode to a private

property location where the pistol is to be used as is permitted by

law, rule, regulation, or local ordinance.