Legislative Analysis
Phone: (517) 373-8080
TRANSPORTATION OF LOADED FIREARMS http://www.house.mi.gov/hfa
IN VEHICLES ON PRIVATE PROPERTY
Analysis available at
House Bill 4078 as reported from committee http://www.legislature.mi.gov
Sponsor: Rep. Beau Matthew LaFave
1st Committee: Military, Veterans and Homeland Security
2nd Committee: Judiciary
Complete to 3-8-22
BRIEF SUMMARY: House Bill 4078 would amend the Natural Resources and Environmental
Protection Act (NREPA) to allow an individual to transport or possess a loaded firearm in
or on a vehicle on private property if he or she is, is with, or has the permission of the
property owner or lessee.
FISCAL IMPACT: House Bill 4078 would have an indeterminate fiscal impact on local units of
government and would not affect costs or revenues for the Department of Natural
Resources (DNR). (See Fiscal Information, below, for more information.)
THE APPARENT PROBLEM:
The Michigan law that generally prohibits transporting or possessing a loaded firearm in
or on a vehicle could be interpreted to apply to individuals on private property. According
to committee testimony, some exceptions currently exist for pistols, but not for rifles. This
can make hunting or protecting livestock or crops from predators and nuisance animals
difficult for Michiganders who need to traverse large areas of private property to do so.
Legislation has been offered to allow the transportation of loaded firearms in vehicles on
private property under certain circumstances.
THE CONTENT OF THE BILL:
NREPA now generally prohibits an individual from transporting or possessing a firearm in
or on a vehicle unless the firearm is unloaded and enclosed in a case, unloaded and carried
in the trunk of the vehicle, or unloaded in a motorized boat. A violation is a misdemeanor
punishable by imprisonment for up to 90 days or a $50 to $500 fine, or both, as well as
payment of the costs of prosecution and the revocation of any permit issued under Part 401
(Wildlife Conservation) of NREPA. (Enhanced penalties apply to an individual who was
previously convicted twice in the preceding five years for a violation of Part 401 or an
order issued under that part.)
The bill would amend above prohibition to allow an individual to transport or possess a
loaded firearm in or on a vehicle, including an ATV or a UTV, if the individual is on private
land and either of the following applies:
• The individual is the owner of the private land or the lessee (for a term of at least
one year) of the private land.
House Fiscal Agency Page 1 of 3
 • The individual is accompanied by, or has the permission of, the owner of the private
land or the lessee (for a term of at least one year) of the private land.
ATV would mean a vehicle with three or more wheels that is designed for off-road
use, has low-pressure tires, has a seat designed to be straddled by the rider, and is
powered by a 50cc to 1,000cc gasoline engine or an engine of comparable size
using other fuels.
UTV would mean a vehicle with four wheels that is designed for off-road use, has
low-pressure tires, has a side-by-side seating arrangement with bench or bucket
seating for each rider, and is powered by a 50cc to 1,000cc gasoline engine or an
engine of comparable size using other fuels.
MCL 324.40111
FISCAL INFORMATION:
House Bill 4078 would have an indeterminate fiscal impact on local units of
government. Depending on the number of people who would no longer be charged with a
misdemeanor for transporting or possessing a loaded firearm on private land, the bill could
result in reduced costs for the state and for local units of government. Fewer individuals
sentenced to jail or community sanctions would result in reduced costs related to county
jails and/or local misdemeanor probation supervision. Costs of local incarceration in
county jails and local misdemeanor probation supervision, and how those costs are
financed, vary by jurisdiction. The fiscal impact on local court systems would depend on
how provisions of the bill affected caseloads and related administrative costs. Any
reduction in penal fine revenue would decrease funding for local libraries, which are the
constitutionally designated recipients of those revenues.
The bill would not affect costs or revenues for the Department of Natural Resources.
ARGUMENTS:
For:
Supporters of the bill argue that individuals should be able to move around their own
property as they see fit, including with a loaded firearm. Allowing individuals to transport
loaded firearms on private property would help hunters and farmers. Hunting on property
that is large enough to need a vehicle to get around is harder when a firearm has to be
unloaded and stored, and then retrieved and reloaded, every time the vehicle moves to a
different location. Similarly, farmers who are trying to eliminate nuisance animals or
predators from their property to protect their crops or livestock can lose valuable time in
constantly having to unload and reload their firearms. Often by the time the firearm is ready
again, the animal is gone (perhaps scared away by the movement), only to return again at
some later time.
House Fiscal Agency HB 4078 as reported Page 2 of 3
Against:
Some expressed concern that transporting a large, loaded firearm over rough terrain poses
a deadly risk regardless of whether the property is publicly or privately owned. One
unfortunate bump could cause the firearm to discharge unexpectedly, harming those in the
vehicle or nearby. For personal and public safety reasons, firearms should be transported
in a vehicle unloaded.
POSITIONS:
Michigan Open Carry testified in support of the bill. (2-15-22)
Michigan Gun Owners indicated support for the bill. (2-15-22)
The Department of Natural Resources indicated opposition to the bill. (2-22-22)
Legislative Analyst: Emily S. Smith
Fiscal Analysts: Robin Risko
Austin Scott
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency HB 4078 as reported Page 3 of 3


Statutes affected:
House Introduced Bill: 324.40111
As Passed by the House: 324.40111