HB-4331, As Passed House, May 24, 2019
March 12, 2019, Introduced by Reps. LaFave, Markkanen, Vaupel, Wozniak, Lightner, Steven Johnson, Maddock, Paquette, Eisen, Mueller, Bellino, O'Malley, Berman, Rendon, Frederick, Afendoulis, Hoitenga, Hornberger, Calley, Wendzel, Hall, LaGrand, Reilly, Wakeman, Crawford, Huizenga, Inman, Marino, Slagh, Miller and Robinson and referred to the Committee on Military, Veterans and Homeland Security.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 40111 (MCL 324.40111), as amended by 2018 PA
272.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 40111. (1) Except as otherwise provided in subsection (3)
or (5), this part, or in a department order authorized under
section 40107, an individual shall not take an animal from in or
upon a vehicle.
(2)
Except as otherwise provided in subsection (3), (4), or
(5), or (6), this part, or in a department order authorized under
section 40107, an individual shall not transport or possess a
firearm in or upon a vehicle, unless the firearm is unloaded and
enclosed in a case, unloaded and carried in the trunk of a vehicle,
or unloaded in a motorized boat.
(3) A person with a disability may transport or possess a
firearm in or upon a vehicle, except for a car or truck, on a state
licensed game bird hunting preserve if the firearm is unloaded and
the vehicle is operated at a speed of not greater than 10 miles per
hour. A person with a disability may possess a loaded firearm and
may discharge that firearm to take an animal from in or upon a
vehicle, except for a car or truck, on a state licensed game bird
hunting preserve if the vehicle is not moving. The department may
demand proof of eligibility under this subsection. An individual
shall possess proof of his or her eligibility under this subsection
and furnish the proof upon the request of a peace officer.
(4) An individual may transport or possess an unloaded firearm
in or upon a vehicle on a sporting clays range.
(5) An individual holding a valid permit to hunt from a
standing vehicle under section 40114 may transport or possess an
uncased firearm with a loaded magazine on a personal assistive
mobility device if the action is open. An individual holding a
valid permit to hunt from a standing vehicle under section 40114
may possess a loaded firearm and may discharge that firearm to take
game from a personal assistive mobility device if each of the
following applies:
(a) The personal assistive mobility device is not moving.
(b) The individual holds a valid base license under section
43523a, holds any other necessary license under part 435, and
complies with all other laws and rules for the taking of game.
(6) An individual may transport or possess a loaded firearm in
or upon any vehicle, including, but not limited to, an ATV or UTV,
on private land if the individual is, or is accompanied by or has
the permission of, either of the following:
(a) The owner of the private land.
(b) The lessee of the private land for a term of not less than
1 year.
(7) (6)
An individual may transport or
possess a bow or
crossbow in or upon a vehicle while that vehicle is operated on
public land or on a highway, road, or street in this state if the
bow or crossbow is unloaded and uncocked, enclosed in a case, or
carried in the trunk of a vehicle.
(8) (7)
An individual shall not hunt with a
firearm within 150
yards of an occupied building, dwelling, house, residence, or
cabin, or any barn or other building used in connection with a farm
operation, without obtaining the written permission of the owner,
renter, or occupant of the property.
(9) (8)
As used in this section:
(a) "ATV" means a vehicle with 3 or more wheels that is
designed for off-road use, has low-pressure tires, has a seat
designed to be straddled by the rider, and is powered by a 50cc to
1,000cc gasoline engine or an engine of comparable size using other
fuels.
(b) (a)
"Person with a
disability" means a disabled person as
that term is defined in section 19a of the Michigan vehicle code,
1949 PA 300, MCL 257.19a, and who is in possession of 1 of the
following:
(i) A certificate of identification or windshield placard
issued to a disabled person under section 675 of the Michigan
vehicle code, 1949 PA 300, MCL 257.675.
(ii) A special registration plate issued to a disabled person
under section 803d of the Michigan vehicle code, 1949 PA 300, MCL
257.803d.
(c) (b)
"Personal assistive mobility
device" means any device,
including, but not limited to, one that is battery-powered, that is
designed solely for use by an individual with mobility impairment
for locomotion and is considered an extension of the individual.
(d) (c)
"Uncocked" means the
following:
(i) For a bow, that the bow is not in the drawn position.
(ii) For a crossbow, that the crossbow is not in the cocked
position.
(e) (d)
"Unloaded" means the
following:
(i) For a firearm, that the firearm does not have ammunition
in the barrel, chamber, cylinder, clip, or magazine when the
barrel, chamber, cylinder, clip, or magazine is part of or attached
to the firearm.
(ii) For a bow, that an arrow is not nocked.
(iii) For a crossbow, that a bolt is not in the flight groove.
(f) "UTV" means a vehicle with 4 or more wheels that is
designed for off-road use, has low-pressure tires, has a side-by-
side seating arrangement with bench or bucket seating for each
rider, and is powered by a 50cc to 1,000cc gasoline engine or an
engine of comparable size using other fuels.