HOUSE BILL No. 5818

 

September 17, 2014, Introduced by Reps. Pettalia, Rendon, Potvin, Johnson, Schmidt, Bumstead, Somerville, Franz, VerHeulen, Outman, Kivela and Dianda and referred to the Committee on Natural Resources.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 40111 (MCL 324.40111), as amended by 2012 PA

 

340.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 40111. (1) Except as otherwise provided in subsection (3)

 

or (4), this part, or in a department order authorized under

 

section 40107, an individual shall not take an animal from in or

 

upon a vehicle.

 

     (2) Except as otherwise provided in subsection (3) or (4),

 

this part, or in a department order authorized under section 40107,

 

an individual shall not transport or possess a firearm in or upon a

 

vehicle, unless the firearm is unloaded in both barrel and magazine

 

and enclosed in a case, carried in the trunk of a vehicle, or

 


unloaded in a motorized boat.

 

     (3) A person with a disability may transport or possess a

 

firearm in or upon a vehicle, except for a car or truck, on a state

 

licensed game bird hunting preserve if the firearm is unloaded and

 

the vehicle is operated at a speed of not greater than 10 miles per

 

hour. A person with a disability may possess a loaded firearm and

 

may discharge that firearm to take an animal from in or upon a

 

vehicle, except for a car or truck, on a state licensed game bird

 

hunting preserve if the vehicle is not moving. The department may

 

demand proof of eligibility under this subsection. An individual

 

shall possess proof of his or her eligibility under this subsection

 

and furnish the proof upon the request of a peace officer.

 

     (4) An individual may transport or possess an unloaded firearm

 

in or upon a vehicle on a sporting clays range.

 

     (5) Except as otherwise provided in this part, an individual

 

shall not transport or possess a bow in or upon a vehicle, unless

 

the bow is unstrung, enclosed in a case, or carried in the trunk of

 

a vehicle.

 

     (6) An individual shall not hunt, or discharge a firearm as

 

that term is defined in section 43505, within 150 yards of an

 

occupied building, dwelling, house, residence, or cabin, or any

 

barn or other building used in connection with a farm operation,

 

without obtaining the written permission of the owner, renter, or

 

occupant of the property.

 

     (7) As used in this section:

 

     (a) "Person with a disability" means a disabled person as that

 

term is defined in section 19a of the Michigan vehicle code, 1949

 


PA 300, MCL 257.19a, and who is in possession of 1 of the

 

following:

 

     (i) A certificate of identification or windshield placard

 

issued to a disabled person under section 675 of the Michigan

 

vehicle code, 1949 PA 300, MCL 257.675.

 

     (ii) A special registration plate issued to a disabled person

 

under section 803d of the Michigan vehicle code, 1949 PA 300, MCL

 

257.803d.

 

     (b) "Unloaded" means, for a break-action firearm, that the

 

action is open with the breech exposed, whether or not the breech

 

contains a shell. Unloaded means, for a non-break-action firearm,

 

that the barrel of the firearm does not contain a shell.