SB-0979, As Passed House, December 11, 2014

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 979

 

 

 

 

 

 

 

 

 

 

 

 

     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 sections 1, 2, 3, and 4 (MCL 123.1101, 123.1102,

 

123.1103, and 123.1104).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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 January

 

1, 2015.