Bill Text: MI HB4134 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Weapons; other; waiver of no-carry zone and certain educational requirements; provide for certain law enforcement and military officials. Amends secs. 5l & 5o of 1927 PA 372 (MCL 28.425l & 28.425o).
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2013-12-05 - Referred To Committee Of The Whole With Substitute S-2 [HB4134 Detail]
Download: Michigan-2013-HB4134-Engrossed.html
HB-4134, As Passed House, November 12, 2013
HOUSE BILL No. 4134
January 30, 2013, Introduced by Reps. Foster, Bumstead and Johnson 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 sections 5l and 5o (MCL 28.425l and 28.425o), section
5l as amended by 2012 PA 32 and section 5o as amended by 2012 PA
123.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5l. (1) A license to carry a concealed pistol issued on or
after July 1, 2003 but before July 1, 2006 is valid for 5 years.
(2) An initial license to carry a concealed pistol issued or
renewed on or after July 1, 2006, other than a license described in
subsection (1), is valid until the applicant's date of birth that
falls not less than 4 years or more than 5 years after the license
is issued or renewed, as applicable. Except as provided in
subsections (8) and (9), a renewal of a license under section 5b
shall, except as provided in this section, be issued in the same
manner as an original license issued under section 5b.
(3) Subject to subsections (8) and (9), an application to
renew a license to carry a concealed pistol may be submitted not
more than 6 months before the expiration of the current license. If
the concealed weapon licensing board approves the renewal, the
effective date of the renewal license is the date of expiration of
the current license or the date of approval of the renewal,
whichever is later, and the date of expiration is the applicant's
date
of birth which that is not less than 4 years or more than 5
years from the effective date of the license.
(4) The concealed weapon licensing board shall issue or deny
issuance of a renewal license within 60 days after the application
for renewal is properly submitted. The county clerk shall issue the
applicant a receipt for his or her renewal application at the time
the application is submitted. The receipt shall contain all of the
following:
(a) The name of the applicant.
(b) The date and time the receipt is issued.
(c) The amount paid.
(d) A statement that the receipt is for a license renewal.
(e) A statement of whether the applicant qualifies for an
extension under subsection (5).
(f) The name of the county in which the receipt is issued.
(g) An impression of the county seal.
(5) If the concealed weapon licensing board fails to deny or
issue a renewal license to the person within 60 days as required
under subsection (4), the expiration date of the current license is
extended by 180 days or until the renewal license is issued,
whichever occurs first. This subsection does not apply unless the
person pays the renewal fee at the time the renewal application is
submitted and the person has submitted a receipt from a police
agency that confirms that a background check has been requested by
the applicant.
(6) A person carrying a concealed pistol after the expiration
date of his or her license pursuant to an extension under
subsection (5) shall keep the receipt issued by the county clerk
under subsection (4) and his or her expired license in his or her
possession at all times that he or she is carrying the pistol. For
the purposes of this act, the receipt is considered to be part of
the license to carry a concealed pistol until a renewal license is
issued or denied. Failing to have the receipt and expired license
in possession while carrying a concealed pistol or failing to
display the receipt to a peace officer upon request is a violation
of this act.
(7) The educational requirements under section 5b(7)(c) are
waived for an applicant who is a peace officer, retired police
House Bill No. 4134 as amended November 7, 2013
officer, [or] retired law enforcement officer[, .
]
(8) The educational requirements under section 5b(7)(c) for an
applicant who is applying for a renewal of a license under this act
are waived except that the applicant shall certify that he or she
has completed at least 3 hours' review of the training described
under section 5b(7)(c) and has had at least 1 hour of firing range
time in the 6 months immediately preceding the subsequent
application.
(9) Beginning January 1, 2007, an applicant who is applying
for a renewal of a license issued under section 5b is not required
to have fingerprints taken again under section 5b(9) if all of the
following conditions have been met:
(a) There has been established a system for the department of
state police to save and maintain in its automated fingerprint
identification system (AFIS) database all fingerprints that are
submitted to the department of state police under section 5b.
(b) The applicant's fingerprints have been submitted to and
maintained by the department of state police as described in
subdivision (a) for ongoing comparison with the automated
fingerprint identification system (AFIS) database.
[(10) The portion of the educational requirements under section 5b(7)(c) described in section 5j(1)(b) are waived for an applicant who is a person on active duty status with the United States armed forces, or a person who received an honorable discharge from the United States armed forces at the time of his or her separation.]
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.
(c) A sports arena or stadium.
(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.
(c) An individual who is licensed as a private investigator or
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.
(k) An individual licensed under this act who is a retired
federal law enforcement officer who carried a firearm during the
course of his or her employment as a federal law enforcement
officer. The concealed weapon licensing board may require a letter
from the law enforcement agency that employed the officer
immediately prior to his or her retirement stating that the retired
officer retired in good standing. As used in this subdivision,
"federal law enforcement officer" means an officer or agent
employed by a law enforcement agency of the United States
government whose primary responsibility is enforcing the laws of
the United States.
(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.
(c) For a third or subsequent violation, the individual is
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.
