June 7, 2017, Introduced by Reps. Ellison, Chang, Green, Hammoud and Wittenberg 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 206.
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), 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 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 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),
12a(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 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:
(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.
(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 and the premises are not private property, 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.