HOUSE BILL NO. 4358
April 11, 2023, Introduced by Reps. Steckloff, Breen, Morgan, Dievendorf, Coffia, Conlin,
Byrnes, Hood, Paiz, McFall, Wegela, Tsernoglou, Brabec, Rheingans and Weiss and referred
to the Committee on Labor.
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
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carry a concealed pistol; to make appropriations; to prescribe
certain conditions for the appropriations; and to repeal all acts
and parts of acts inconsistent with this act,"
by amending section 5f (MCL 28.425f), as amended by 2015 PA 3.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 5f. (1) An individual who is licensed to carry a
2 concealed pistol shall have his or her the individual's license to
3 carry that pistol and his or her the individual's state-issued
4 driver license or personal identification card in his or her the
5 individual's possession at all times he or she the individual is
6 carrying a concealed pistol or a portable device that uses electro-
7 muscular disruption technology.
8 (2) An individual who is licensed to carry a concealed pistol
9 and who is carrying a concealed pistol or a portable device that
10 uses electro-muscular disruption technology shall show both of the
11 following to a peace officer upon request by that peace officer:
12 (a) His or her The individual's license to carry a concealed
13 pistol.
14 (b) His or her The individual's state-issued driver license or
15 personal identification card.
16 (3) An individual licensed under this act to carry a concealed
17 pistol and who is carrying a concealed pistol or a portable device
18 that uses electro-muscular disruption technology and who is stopped
19 by a peace officer or who encounters, in an official capacity, a
20 firefighter or emergency medical services personnel shall
21 immediately disclose to the peace officer, firefighter, or
22 emergency medical services personnel that he or she the individual
23 is carrying a pistol or a portable device that uses electro-
24 muscular disruption technology concealed upon his or her the
25 individual's person or in his or her the individual's vehicle.
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1 (4) An individual who violates subsection (1) or (2) is
2 responsible for a state civil infraction and shall be fined
3 $100.00.
4 (5) An individual who violates subsection (3) is responsible
5 for a state civil infraction and shall be fined as follows:
6 (a) For a first offense, by a fine of $500.00 and by the
7 individual's license to carry a concealed pistol being suspended
8 for 6 months.
9 (b) For a subsequent offense within 3 years of after a prior
10 offense, by a fine of $1,000.00 and by the individual's license to
11 carry a concealed pistol being revoked.
12 (6) If an individual is found responsible for a state civil
13 infraction under subsection (5), the peace officer, firefighter, or
14 emergency medical services personnel shall notify the department of
15 state police of that civil infraction. The department of state
16 police shall notify the county clerk who issued the license, who
17 shall suspend or revoke that license. The county clerk shall send
18 notice by first-class mail of that suspension or revocation to the
19 individual's last known address as indicated in the records of the
20 county clerk. The department of state police shall immediately
21 enter that suspension or revocation into the law enforcement
22 information network.
23 (7) A pistol or portable device that uses electro-muscular
24 disruption technology carried in violation of this section is
25 subject to immediate seizure by a peace officer. If a peace officer
26 seizes a pistol or portable device that uses electro-muscular
27 disruption technology under this subsection, the individual has 45
28 days in which to display his or her the individual's license or
29 documentation to an authorized employee of the law enforcement
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1 entity that employs the peace officer. If the individual displays
2 his or her the individual's license or documentation to an
3 authorized employee of the law enforcement entity that employs the
4 peace officer within the 45-day period, the authorized employee of
5 that law enforcement entity shall return the pistol or portable
6 device that uses electro-muscular disruption technology to the
7 individual unless the individual is prohibited by law from
8 possessing a firearm or portable device that uses electro-muscular
9 disruption technology. If the individual does not display his or
10 her the individual's license or documentation within the 45-day
11 period, the pistol or portable device that uses electro-muscular
12 disruption technology is subject to forfeiture as provided in
13 section 5g. A pistol or portable device that uses electro-muscular
14 disruption technology is not subject to immediate seizure under
15 this subsection if both of the following circumstances exist:
16 (a) The individual has his or her the individual's state-
17 issued driver license or personal identification card in his or her
18 the individual's possession when the violation occurs.
19 (b) The peace officer verifies through the law enforcement
20 information network that the individual is licensed to carry a
21 concealed pistol.
22 (8) As used in this section: , "peace
23 (a) "Emergency medical services personnel" means that term as
24 defined in section 20904 of the public health code, 1978 PA 368,
25 MCL 333.20904.
26 (b) "Firefighter" means that term as defined in section 1 of
27 the fire prevention code, 1941 PA 207, MCL 29.1.
28 (c) "Peace officer" includes a motor carrier officer appointed
29 under section 6d of 1935 PA 59, MCL 28.6d, and security personnel
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1 employed by the state under section 6c of 1935 PA 59, MCL 28.6c.
KHS Final Page H00730'23


Statutes affected:
House Introduced Bill: 28.425