HOUSE BILL No. 4944

 

October 6, 2015, Introduced by Reps. Townsend, Chang, Wittenberg, Darany, Hovey-Wright, Schor, Pagan, Talabi, Hoadley, Gay-Dagnogo, Banks, Rutledge, Durhal, Garrett, Derek Miller, Sarah Roberts, Plawecki, Robinson, Love, Irwin, Greig, Moss, Geiss, Cochran, Guerra, Singh, Neeley and Zemke 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

and parts of acts inconsistent with this act,"

 

by amending section 5o (MCL 28.425o), as amended by 2015 PA 16.

 

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(1)(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 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

 

licensed under the Michigan liquor control code of 1998, 1998 PA

 

58, MCL 436.1101 to 436.2303, may, but is not required to, 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.

 

     (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(1)(h),

 

shall not carry a concealed pistol in violation of R 432.1212 or a

 

successor rule of the Michigan administrative code promulgated

 

under the Michigan gaming control and 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).

 

     (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 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.

 

     (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 a

 

parole or probation officer of the department of corrections.

 

     (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.

 

     (6) Except as otherwise provided in subsection (7), the

 

governing body, owner, or controlling party of the premises

 

described in subsection (1) may prohibit an individual from openly

 


displaying or openly carrying a firearm on the premises listed in

 

subsection (1)(a) to (h). If the governing body, owner, or

 

controlling party of the premises described under subsection (1)

 

elects to prohibit the open display or open carry of firearms under

 

this subsection, the governing body, owner, or controlling party of

 

the premises shall post appropriate signage stating that "Openly

 

carrying or openly displaying a firearm on these premises is

 

prohibited in accordance with state law. Violators will be

 

prosecuted in accordance with state law.".

 

     (7) Subsection (6) does not apply to any of the following:

 

     (a) A peace officer.

 

     (b) An individual who owns, is employed by, or is contracted

 

by an entity described in subsection (1)(a) to (h) if the

 

possession of that firearm is to provide security services for that

 

entity.

 

     (c) An individual who possesses a firearm on the premises of

 

an entity described in subsection (1)(a) to (h) if that possession

 

is with the permission of the owner, governing body, or controlling

 

party of that entity.

 

     (8) (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.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.