FIREARMS:  DEFINE "BRANDISH"

House Bill 5091

Sponsor:  Rep. Joel Johnson

House Bill 5092

Sponsor:  Rep. Brandon Dillon

Committee:  Judiciary

Complete to 2-26-14

A SUMMARY OF HOUSE BILLS 5091 AND 5092 AS INTRODUCED 10-22-13

Currently, the Michigan Penal Code prohibits a person from knowingly brandishing a firearm in public, but does not define the term "brandish." House Bill 5092 would define the term "brandish" to apply to firearms that are pointed, waved about, or displayed in a threatening manner.  (MCL 750.222)

 

House Bill 5091 would amend the code to exempt a person in lawful possession of an openly carried firearm holstered or carried on a sling from the prohibition on brandishing a firearm in public.  (MCL 750.234e)

The bills are tie-barred to each other, meaning that neither could take effect unless both are enacted into law.

There is currently an exception from the brandishing prohibition for a peace officer lawfully performing duties as a peace officer and also for a person lawfully engaged in hunting; target practice; or the sale, purchase, repair, or transfer of that firearm.  The bills retain those exemptions.

A violation of the brandishing prohibition is a misdemeanor punishable by imprisonment for not more than 90 days and/or a fine of not more than $100.

FISCAL IMPACT:

A fiscal analysis is in process.

                                                                                           Legislative Analyst:   Susan Stutzky

                                                                                                  Fiscal Analyst:   Robin Risko

■ 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.