Bill Summary – FastDemocracy

HOUSE BILL NO. 4149
 February 28, 2023, Introduced by Reps. Brixie, Breen, Young, Tsernoglou, Hood, Paiz, Morse,
    Steckloff, Martus, McKinney, Wilson, Rogers, MacDonell, Dievendorf, Rheingans, Glanville,
    Neeley, Wegela, Price, Pohutsky, Byrnes, Arbit, Brabec, Hope, Morgan, Puri, Scott, Weiss,
    Stone, Koleszar, Mentzer, Edwards, Grant, Coffia, Tyrone Carter, Conlin, Miller, Farhat,
    Whitsett and Aiyash and referred to the Committee on Judiciary.
      A bill to amend 1927 PA 372, entitled
"An act to regulate and license the selling, purchasing,
possessing, and carrying of certain firearms, gas ejecting devices,
and electro-muscular disruption devices; to prohibit the buying,
selling, or carrying of certain firearms, gas ejecting devices, and
electro-muscular disruption devices without a license or other
authorization; to provide for the forfeiture of firearms and
electro-muscular disruption devices under certain circumstances; to
provide for penalties and remedies; to provide immunity from civil
liability under certain circumstances; to prescribe the powers and
duties of certain state and local agencies; to prohibit certain
conduct against individuals who apply for or receive a license to
carry a concealed pistol; to make appropriations; to prescribe
certain conditions for the appropriations; and to repeal all acts
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     and parts of acts inconsistent with this act,"
     by amending section 5o (MCL 28.425o), as amended by 2017 PA 95.
                  THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
       Sec. 5o. (1) Subject to subsection (5), an individual licensed
 under this act to carry a concealed pistol, or who is exempt from
 licensure under section 12a(h), shall not carry a concealed pistol
 on the premises of any of the following:
       (a) A school or school property except that a parent or legal
 guardian of a student of the school is not precluded from carrying
 a concealed pistol while in a vehicle on school property, if he or
 she the parent or legal guardian is dropping the student off at the
 school or picking up the student from the school. As used in this
 section, "school" and "school property" mean those terms as defined
 in section 237a of the Michigan penal code, 1931 PA 328, MCL
 750.237a.
       (b) A public or private child care center or day care center,
 public or private child caring institution, or public or private
 child placing agency.
       (c) A sports arena or stadium.
       (d) A bar or tavern licensed under the Michigan liquor control
 code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, where the
 primary source of income of the business is the sale of alcoholic
 liquor by the glass and consumed on the premises. This subdivision
 does not apply to an owner or employee of the business. The
 Michigan liquor control commission shall develop and make available
 to holders of licenses under the Michigan liquor control code of
 1998, 1998 PA 58, MCL 436.1101 to 436.2303, an appropriate sign
 stating that "This establishment prohibits patrons from carrying
 concealed weapons". The owner or operator of an establishment
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 licensed under the Michigan liquor control code of 1998, 1998 PA
 58, MCL 436.1101 to 436.2303, may post the sign developed under
 this subdivision.
       (e) Any property or facility owned or operated by a church,
 synagogue, mosque, temple, or other place of worship, unless the
 presiding official or officials of the church, synagogue, mosque,
 temple, or other place of worship permit the carrying of concealed
 pistol on that property or facility.
       (f) An entertainment facility with a seating capacity of 2,500
 or more individuals that the individual knows or should know has a
 seating capacity of 2,500 or more individuals or that has a sign
 above each public entrance stating in letters not less than 1-inch
 high a seating capacity of 2,500 or more individuals.
       (g) A hospital.
       (h) A dormitory or classroom of a community college, college,
 or university.
       (i) A building owned or leased by this state or that part of a
 building owned or leased by this state.
       (2) Subject to subsection (5), an individual shall not carry a
 portable device that uses electro-muscular disruption technology on
 any of the premises described in subsection (1).
       (3) An individual licensed under this act to carry a concealed
 pistol, or who is exempt from licensure under section 12a(h), shall
 not carry a concealed pistol in violation of R 432.1212 of the
 Michigan Administrative Code promulgated under the Michigan gaming
 control Gaming Control and revenue act, Revenue Act, 1996 IL 1, MCL
 432.201 to 432.226.
       (4) As used in subsection (1), "premises" does not include
 parking areas of the places identified under subsection (1).
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       (5) Subsections (1) and (2) do not apply to any of the
 following:
       (a) An individual licensed under this act who is a retired
 police officer, retired law enforcement officer, or retired federal
 law enforcement officer.
       (b) An individual who is licensed under this act and who is
 employed or contracted by an entity described under subsection (1)
 to provide security services and is required by his or her the
 individual's employer or the terms of a contract to carry a
 concealed firearm on the premises of the employing or contracting
 entity.
       (c) An individual who is licensed as a private investigator or
 private detective under the professional investigator licensure
 act, 1965 PA 285, MCL 338.821 to 338.851.
       (d) An individual who is licensed under this act and who is a
 corrections officer of a county sheriff's department or who is
 licensed under this act and is a retired corrections officer of a
 county sheriff's department, if that individual has received county
 sheriff approved weapons training.
       (e) An individual who is licensed under this act and who is a
 motor carrier officer or capitol security officer of the department
 of state police.
       (f) An individual who is licensed under this act and who is a
 member of a sheriff's posse.
       (g) An individual who is licensed under this act and who is an
 auxiliary officer or reserve officer of a police or sheriff's
 department.
       (h) An individual who is licensed under this act and who is
 any of the following:
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       (i) A parole, probation, or corrections officer, or absconder
 recovery unit member, of the department of corrections, if that
 individual has obtained a Michigan department of corrections
 weapons permit.
       (ii) A retired parole, probation, or corrections officer, or
 retired absconder recovery unit member, of the department of
 corrections, if that individual has obtained a Michigan department
 of corrections weapons permit.
       (i) A state court judge or state court retired judge who is
 licensed under this act.
       (j) An individual who is licensed under this act and who is a
 court officer.
       (k) An individual who is licensed under this act and who is a
 peace officer.
       (6) An individual who violates this section is responsible for
 a state civil infraction or guilty of a crime as follows:
       (a) Except as provided in subdivisions (b) and (c), the
 individual is responsible for a state civil infraction and may be
 fined not more than $500.00. The court shall order the individual's
 license to carry a concealed pistol suspended for 6 months.
       (b) For a second violation, the individual is guilty of a
 misdemeanor punishable by a fine of not more than $1,000.00. The
 court shall order the individual's license to carry a concealed
 pistol revoked.
       (c) For a third or subsequent violation, the individual is
 guilty of a felony punishable by imprisonment for not more than 4
 years or a fine of not more than $5,000.00, or both. The court
 shall order the individual's license to carry a concealed pistol
 revoked.
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       Enacting section 1. This amendatory act does not take effect
 unless Senate Bill No.____ or House Bill No. 4150 (request no.
 00675'23) of the 102nd Legislature is enacted into law.
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Statutes affected: 
House Introduced Bill: 28.425