March 12, 2009, Introduced by Reps. Mayes, Rick Jones, Polidori, Espinoza, Pearce, Opsommer, Stamas, Lori, Walsh, Kowall, Sheltrown, Marleau, Kurtz, Knollenberg, Smith, Miller and Schuitmaker and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
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 the pistol is unloaded in a closed case designed for the
storage of firearms in the trunk 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.
(f) To a person while transporting an unloaded pistol en route
to or from a law enforcement agency for the purpose of complying
with section 2 of 1927 PA 372, MCL 28.422, if the pistol is
unloaded and in a closed case or container designed for the storage
of firearms and either in the trunk of the vehicle or not readily
accessible to the occupants of a vehicle that does not have a
trunk.
(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.