HOUSE BILL No. 4564

 

May 7, 2015, Introduced by Reps. Dianda, Chirkun and Crawford and referred to the Committee on Judiciary.

 

     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 2012 PA 340 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 (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.

 

     (4) (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.

 

     (5) (6) An individual shall not hunt or discharge 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.

 

     (6) (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.

 

     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, 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, "unloaded" means that term as

 

defined in section 40111.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.