Bill Text: MI HB4003 | 2017-2018 | 99th Legislature | Introduced


Bill Title: Weapons; concealed; permit requirement to carry and transport a concealed pistol; eliminate for certain individuals. Amends sec. 12a of 1927 PA 372 (MCL 28.432a).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2017-01-12 - Bill Electronically Reproduced 01/11/2017 [HB4003 Detail]

Download: Michigan-2017-HB4003-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4003

 

 

January 11, 2017, Introduced by Rep. Lucido 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 12a (MCL 28.432a), as amended by 2016 PA 301.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 12a. (1) The requirements of this act for obtaining a

 

license to carry a concealed pistol do not apply to any of the

 

following:

 

     (a) A peace officer of a duly authorized police agency of the

 


United States or of this state or a political subdivision of this

 

state, who is regularly employed and paid by the United States or

 

this state or a subdivision of this state, except a township

 

constable.

 

     (b) A constable who is trained and licensed or certified under

 

the Michigan commission on law enforcement standards act, 1965 PA

 

203, MCL 28.601 to 28.615, while engaged in his or her official

 

duties or going to or coming from his or her official duties, and

 

who is regularly employed and paid by a political subdivision of

 

this state.

 

     (c) An individual regularly employed by the department of

 

corrections and authorized in writing by the director of the

 

department of corrections to carry a concealed pistol during the

 

performance of his or her duties or while going to or returning

 

from his or her duties.

 

     (d) An individual regularly employed as a local corrections

 

officer by a county sheriff, who is trained in the use of force and

 

is authorized in writing by the county sheriff to carry a concealed

 

pistol during the performance of his or her duties.

 

     (e) An individual regularly employed in a city jail or lockup

 

who has custody of individuals detained or incarcerated in the jail

 

or lockup, is trained in the use of force, and is authorized in

 

writing by the chief of police or the county sheriff to carry a

 

concealed pistol during the performance of his or her duties.

 

     (f) A member of the United States Army, Air Force, Navy, or

 

Marine Corps while carrying a concealed pistol in the line of duty.

 

     (g) A member of the National Guard, armed forces reserves, or


other duly authorized military organization while on duty or drill

 

or while going to or returning from his or her place of assembly or

 

practice or while carrying a concealed pistol for purposes of that

 

military organization.

 

     (h) A resident of another state who is licensed by that state

 

to carry a concealed pistol.

 

     (i) The regular and ordinary transportation of a pistol as

 

merchandise by an authorized agent of a person licensed to

 

manufacture firearms.

 

     (j) An individual while carrying a pistol unloaded in a

 

wrapper or container in the trunk of his or her vehicle or, if the

 

vehicle does not have a trunk, from transporting that pistol

 

unloaded in a locked compartment or container that is separated

 

from the ammunition for that pistol from the place of purchase to

 

his or her home or place of business or to a place of repair or

 

back to his or her home or place of business, or in moving goods

 

from 1 place of abode or business to another place of abode or

 

business.

 

     (k) A peace officer or law enforcement officer from Canada.

 

     (l) An individual who is 21 years of age or older and who is

 

not otherwise prohibited from possessing a firearm.

 

     (2) An individual who is carrying a concealed pistol under

 

subsection (1)(l) and who does not have a license to carry a

 

concealed pistol shall, when stopped by a peace officer,

 

immediately disclose to the peace officer that he or she is

 

carrying a pistol concealed upon his or her person or in his or her

 

vehicle.


     (3) If a peace officer stops an individual and that individual

 

is carrying a concealed pistol under subsection (1)(l), the peace

 

officer may detain the individual temporarily to determine if the

 

individual is prohibited from possessing a firearm.

 

     (4) An individual who violates subsection (2) is responsible

 

for a state civil infraction and shall be fined not more than

 

$500.00.

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