SB-0053, As Passed Senate, February 19, 2015

SUBSTITUTE FOR

SENATE BILL NO. 53

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 sections 1 and 5o (MCL 28.421 and 28.425o), section 1

as amended by 2014 PA 203 and section 5o as amended by 2014 PA 206.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. (1) As used in this act:

(a) "Felony" means that term as defined in section 1 of

chapter I of the code of criminal procedure, 1927 PA 175, MCL

761.1, or a violation of a law of the United States or another

state that is designated as a felony or that is punishable by death

or by imprisonment for more than 1 year.

(b) "Firearm" means a weapon from which a dangerous projectile

may be propelled by an explosive, or by gas or air. Firearm does

not include a smooth bore rifle or handgun designed and

manufactured exclusively for propelling by a spring, or by gas or

air, BBs not exceeding .177 caliber.

required for submission to a government agency under sections 2,

2a, 2b, and 5b, or any form, permit, or license issued by a

government agency under this act.

(d) "Misdemeanor" means a violation of a penal law of this

state or violation of a local ordinance substantially corresponding

to a violation of a penal law of this state that is not a felony or

a violation of an order, rule, or regulation of a state agency that

is punishable by imprisonment or a fine that is not a civil fine,

or both.

(e) "Peace officer" means, except as otherwise provided in

this act, an individual who is employed as a law enforcement

officer, as that term is defined under section 2 of the commission

on law enforcement standards act, 1965 PA 203, MCL 28.602, by this

state or another state, a political subdivision of this state or

another state, or the United States, and who is required to carry a

firearm in the course of his or her duties as a law enforcement

officer.

(f) "Pistol" means a loaded or unloaded firearm that is 26

inches or less in length, or a loaded or unloaded firearm that by

its construction and appearance conceals it as a firearm.

(g) "Purchaser" means a person who receives a pistol from

another person by purchase or gift.

(h) "Reserve peace officer", "auxiliary officer", or "reserve

officer" means, except as otherwise provided in this act, an

individual authorized on a voluntary or irregular basis by a duly

authorized police agency of this state or a political subdivision

of this state to act as a law enforcement officer, who is

responsible for the preservation of the peace, the prevention and

detection of crime, and the enforcement of the general criminal

laws of this state, and who is otherwise eligible to possess a

firearm under this act.

(i) "Retired federal law enforcement officer" means an

individual who was an officer or agent employed by a law

enforcement agency of the United States government whose primary

responsibility was enforcing laws of the United States, who was

required to carry a firearm in the course of his or her duties as a

law enforcement officer, and who retired in good standing from his

or her employment as a federal law enforcement officer.

(j) ~~(i)~~ "Retired police officer" or "retired law enforcement

officer" means an individual who was a police officer or law

enforcement officer who was certified as described under section 9a

of the commission on law enforcement standards act, 1965 PA 203,

MCL 28.609a, and retired in good standing from his or her

employment as a police officer or law enforcement officer.

(k) ~~(j)~~ "Seller" means a person who sells or gives a pistol to

another person.

(l) ~~(k)~~ "State court judge" means a judge of the district

court, circuit court, probate court, or court of appeals or justice

of the supreme court of this state who is serving either by

election or appointment.

(m) (l) "State court retired judge" means a judge or justice

described in subdivision ~~(k)~~ (l) who is retired, or a retired judge

of the recorders court.

(2) A person may lawfully own, possess, carry, or transport as

a pistol a firearm greater than 26 inches in length if all of the

following conditions apply:

(a) The person registered the firearm as a pistol under

section 2 or 2a before January 1, 2013.

(b) The person who registered the firearm as described in

subdivision (a) has maintained registration of the firearm since

January 1, 2013 without lapse.

issued to him or her under section 2 or 2a.

(3) A person who satisfies all of the conditions listed under

subsection (2) nevertheless may elect to have the firearm not be

considered to be a pistol. A person who makes the election under

this subsection shall notify the department of state police of the

election in a manner prescribed by that department.

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.

(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, or retired law enforcement officer, or retired

federal law enforcement officer. The concealed weapon licensing

board may require a letter or other documentation from the law

enforcement agency stating that the retired police officer, or law

enforcement officer, or federal law enforcement officer retired in

good standing.

(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.

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. The concealed weapon licensing board may

require a state court retired judge to obtain and carry a letter

from the judicial tenure commission stating that the state court

retired judge is in good standing as authorized under section 30 of

article VI of the state constitution of 1963, and rules promulgated

under that section, in order to qualify under this subdivision.

(j) An individual who is licensed under this act and who is a

court officer.

(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.

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.