HB-4350, As Passed House, November 12, 2013

SUBSTITUTE FOR

HOUSE BILL NO. 4350

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 2012 PA 123.

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)(f),~~ 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

child 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. A record made available by

an establishment licensed under the Michigan liquor control code of

1998, 1998 PA 58, MCL 436.1101 to 436.2303, necessary to enforce

this subdivision is exempt from disclosure under the freedom of

information act, 1976 PA 442, MCL 15.231 to 15.246.

(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)(f),~~

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. The concealed

weapon licensing board may require a letter from the law

enforcement agency stating that the retired police officer or 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 or who previously served as an auxiliary officer or

reserve officer of a police or sheriff's department for at least 5

years. The concealed weapon licensing board may require a letter

from the law enforcement agency stating that the individual who

previously served as an auxiliary officer or reserve officer left

the agency in good standing.

(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.

(k) An individual who is licensed under this act and who is

either of the following:

(i) A prosecuting attorney of a county or a former prosecuting

attorney of a county.

(ii) An assistant prosecuting attorney of a county or a former

assistant prosecuting attorney of a county.

(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.