HB-5417, As Passed House, March 6, 2018

SUBSTITUTE FOR

HOUSE BILL NO. 5417

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 40111 and 43513 (MCL 324.40111 and 324.43513),

section 40111 as amended by 2015 PA 185 and section 43513 as

amended by 2013 PA 108.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

or (5), 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), (4), or

(5), 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 and enclosed in a

case, unloaded and 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) An individual holding a valid permit to hunt from a

standing vehicle under section 40114 may transport or possess an

uncased firearm with a loaded magazine on a personal assistive

mobility device if the action is open. An individual holding a

valid permit to hunt from a standing vehicle under section 40114

may possess a loaded firearm and may discharge that firearm to take

game from a personal assistive mobility device if each of the

following applies:

     (a) The personal assistive mobility device is not moving.

     (b) The individual holds a valid base license under section

43523a, holds any other necessary license under part 435, and

complies with all other laws and rules for the taking of game.

     (6) Except as otherwise provided in this part, an An

individual shall not may transport or possess a bow or crossbow in

or upon a vehicle while that vehicle is operated on public land or

on a highway, road, or street in this state , unless if the bow or

crossbow is unstrung, unloaded and uncocked, enclosed in a case, or

carried in the trunk of a vehicle.

     (7) An individual shall not hunt with a firearm 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.

     (8) 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) "Personal assistive mobility device" means any device,

including, but not limited to, one that is battery-powered, that is

designed solely for use by an individual with mobility impairment

for locomotion and is considered an extension of the individual.

     (c) "Uncocked" means the following:

     (i) For a bow, that the bow is not in the drawn position.

     (ii) For a crossbow, that the crossbow is not in the cocked

position.

(d) (c) "Unloaded" means the following:

     (i) For a firearm, that the firearm does not have ammunition

in the barrel, chamber, cylinder, clip, or magazine when the

barrel, chamber, cylinder, clip, or magazine is part of or attached

to the firearm.

     (ii) For a bow, that an arrow is not nocked.

     (iii) For a crossbow, that a bolt is not in the flight groove.

     Sec. 43513. (1) An individual may carry, transport, or possess

a firearm without a hunting license if the firearm is unloaded in

both barrel and magazine and either enclosed in a case or carried

in a vehicle in a location that is not readily accessible to any

occupant of the vehicle. An individual may carry, transport, or

possess a slingshot, bow, and arrow, or crossbow without a hunting

license if the slingshot, bow, or crossbow is unstrung, unloaded

and uncocked, enclosed in a case, or carried in a vehicle in a

location that is not readily accessible to any occupant of the

vehicle.

     (2) Regardless of whether the individual has a license or it

is open season for the taking of game, an individual may carry,

transport, possess, or discharge a firearm, a bow, and arrow, or a

crossbow if all of the following apply:

     (a) The individual is not taking or attempting to take game

but is engaged in 1 or more of the following activities:

     (i) Target practice using an identifiable, artificially

constructed target or targets.

     (ii) Practice with silhouettes, plinking, skeet, or trap.

     (iii) Sighting-in the firearm, bow, and arrow, or crossbow.

     (b) The individual is, or is accompanied by or has the

permission of, either of the following:

     (i) The owner of the property on which the activity under

subdivision (a) is taking place.

     (ii) The lessee of that property for a term of not less than 1

year.

     (c) The owner or lessee of the property does not receive

remuneration for the activity under subdivision (a).

     (3) An individual may carry, transport, or possess a firearm,

slingshot, bow, and arrow, or crossbow without a hunting license if

the individual is hunting on a game bird hunting preserve licensed

under part 417.

     (4) An individual may carry or possess an unloaded weapon at

any time if the individual is traveling to or from or participating

in a historical reenactment.

     (5) As used in this section:

     (a) "Uncocked" means the following:

     (i) For a bow, that the bow is not in the drawn position.

     (ii) For a crossbow, that the crossbow is not in the cocked

position.

     (iii) For a slingshot, that the slingshot is not in the drawn

position.

     (b) "Unloaded" means the following:

     (i) For a firearm, that the firearm does not have ammunition

in the barrel, chamber, cylinder, clip, or magazine when the

barrel, chamber, cylinder, clip, or magazine is part of or attached

to the firearm.

     (ii) For a bow, that an arrow is not nocked.

     (iii) For a crossbow, that a bolt is not in the flight groove.

     (iv) For a slingshot, that the slingshot does not have

ammunition in the projectile pocket.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.