February 10, 2015, Introduced by Senator HILDENBRAND and referred to the Committee on Judiciary.
A bill to amend 1990 PA 319, entitled
"An act to prohibit local units of government from imposing certain
restrictions on the ownership, registration, purchase, sale,
transfer, transportation, or possession of pistols or other
firearms, ammunition for pistols or other firearms, or components
of pistols or other firearms,"
by amending the title and sections 1, 2, 3, and 4 (MCL 123.1101,
123.1102, 123.1103, and 123.1104).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to prohibit local units of government from imposing
certain restrictions on the ownership, registration, purchase,
sale,
transfer, transportation, or possession of pistols, or
other
firearms, or pneumatic guns, ammunition for pistols or other
firearms, or components of pistols or other firearms.
Sec. 1. As used in this act:
(a) "Firearm" means any weapon which will, is designed to, or
may readily be converted to expel a projectile by action of an
explosive.
(b)
(a) "Local unit of government" means a city,
village,
township, or county.
(c) (b)
"Pistol" means that term
as defined in section 222 of
the
Michigan penal code, Act No. 328 of the Public Acts of 1931,
being
section 750.222 of the Michigan Compiled Laws.1931 PA 328,
MCL 750.222.
(d) "Pneumatic gun" means any implement, designed as a gun,
that will expel a BB or pellet by spring, gas, or air. Pneumatic
gun includes a paintball gun that expels by pneumatic pressure
plastic balls filled with paint for the purpose of marking the
point of impact.
Sec. 2. A local unit of government shall not impose special
taxation on, enact or enforce any ordinance or regulation
pertaining to, or regulate in any other manner the ownership,
registration, purchase, sale, transfer, transportation, or
possession
of pistols, or other firearms, or pneumatic guns,
ammunition for pistols or other firearms, or components of pistols
or other firearms, except as otherwise provided by federal law or a
law of this state.
Sec. 3. This act does not prohibit a local unit of government
from
doing either any of the following:
(a)
Prohibiting or regulating conduct with a pistol, or other
firearm, or pneumatic gun that is a criminal offense under state
law.
(b) Prohibiting or regulating the transportation, carrying, or
possession
of pistols, and other firearms, or pneumatic guns by
employees of that local unit of government in the course of their
employment with that local unit of government.
(c) Regulating the possession of pneumatic guns within the
local unit of government by requiring that an individual below the
age of 16 who is in possession of a pneumatic gun be under the
supervision of a parent, a guardian, or an individual 18 years of
age or older, except that an ordinance shall not regulate
possession of a pneumatic gun on or within private property if the
individual below the age of 16 is authorized by a parent or
guardian and the property owner or legal possessor to possess the
pneumatic gun.
(d) Prohibiting an individual from pointing, waving about, or
displaying a pneumatic gun in a threatening manner with the intent
to induce fear in another individual.
Sec. 4. This act does not prohibit a city or a charter
township
from prohibiting doing any
of the following:
(a) Prohibiting the discharge of a pistol or other firearm
within the jurisdiction of that city or charter township.
(b) Prohibiting the discharge of pneumatic guns in any area
within the jurisdiction of the city or charter township that is so
heavily populated as to make that conduct dangerous to the
inhabitants of that area, except that an ordinance shall not
prohibit the discharge of pneumatic guns at authorized target
ranges, on other property where firearms may be discharged, or on
or within private property with the permission of the owner or
possessor of that property if conducted with reasonable care to
prevent a projectile from crossing the bounds of the property.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.