Bill Text: MI HB4154 | 2015-2016 | 98th Legislature | Chaptered
Bill Title: Weapons; firearms; definition of firearm in the natural resources and environmental protection act; modify. Amends secs. 40102, 40111 & 43503 of 1994 PA 451 (MCL 324.40102 et seq.). TIE BAR WITH: HB 4151'15, HB 4152'15, HB 4153'15, HB 4155'15, HB 4156'15, SB 0085'15
Spectrum: Strong Partisan Bill (Republican 12-1)
Status: (Passed) 2015-05-13 - Assigned Pa 24'15 With Immediate Effect [HB4154 Detail]
Download: Michigan-2015-HB4154-Chaptered.html
Act No. 24
Public Acts of 2015
Approved by the Governor
May 12, 2015
Filed with the Secretary of State
May 12, 2015
EFFECTIVE DATE: July 1, 2015
STATE OF MICHIGAN
98TH LEGISLATURE
REGULAR SESSION OF 2015
Introduced by Reps. Brett Roberts, Kesto, Barrett, Cole, Inman, Sheppard, Lucido, Glenn, Runestad, Franz, Iden, Maturen and Kivela
ENROLLED HOUSE BILL No. 4154
AN ACT to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 40102, 40111, and 43503 (MCL 324.40102, 324.40111, and 324.43503), section 40102 as amended by 2007 PA 48, section 40111 as amended by 2012 PA 340, and section 43503 as amended by 2012 PA 520.
The People of the State of Michigan enact:
Sec. 40102. (1) “Animals” means wild birds and wild mammals.
(2) “Bag limit” means the number of animals that may be taken and possessed as determined by the department.
(3) “Bow” means a device for propelling an arrow from a string drawn, held, and released by hand where the force used to hold the string in the drawn position is provided by the archer’s muscles.
(4) “Buy” or “sell” means an exchange or attempt or offer to exchange for money, barter, or anything of value.
(5) “Chase” means to follow animals with dogs or other wild or domestic animals trained for that purpose.
(6) “Cormorant damage” means adverse impacts of double-crested cormorants on fish, fish hatchery stock, wildlife, plants, and their habitats and on man-made structures.
(7) “Cormorant depredation order” means the depredation order for double-crested cormorants to protect public resources, 50 CFR 21.48, issued by the United States Department of the Interior, Fish and Wildlife Service.
(8) “Crossbow” means a weapon consisting of a bow mounted transversely on a stock or frame and designed to fire an arrow, bolt, or quarrel by the release of a bow string that is controlled by a mechanical or electric trigger and has a working safety and a draw weight of 100 pounds or greater.
(9) “Deer or elk feeding” means the depositing, distributing, or tending of feed in an area frequented by wild, free‑ranging white-tailed deer or elk. Deer or elk feeding does not include any of the following:
(a) Feeding wild birds or other wildlife if done in such a manner as to exclude wild, free-ranging white-tailed deer and elk from gaining access to the feed.
(b) The scattering of feed solely as the result of normal logging practices or normal agricultural practices.
(c) The storage or use of feed for agricultural purposes if 1 or more of the following apply:
(i) The area is occupied by livestock actively consuming the feed on a daily basis.
(ii) The feed is covered to deter wild, free-ranging white-tailed deer or elk from gaining access to the feed.
(iii) The feed is in a storage facility that is consistent with normal agricultural practices.
(d) Baiting to take game as provided by an order of the commission under section 40113a.
(10) “Disability” means a determinable physical characteristic of an individual that may result from disease, injury, congenital condition of birth, or functional disorder.
(11) “Feed” means a substance composed of grain, mineral, salt, fruit, vegetable, hay, or any other food material or combination of these materials, whether natural or manufactured, that may attract white-tailed deer or elk. Feed does not include any of the following:
(a) Plantings for wildlife.
(b) Standing farm crops under normal agricultural practices.
(c) Agricultural commodities scattered solely as the result of normal agricultural practices.
(12) “Firearm” means any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive. A pneumatic gun, as defined in section 1 of 1990 PA 319, MCL 123.1101, other than a paintball gun that expels by pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact, is also considered a firearm for the purpose of this act.
Sec. 40111. (1) Except as otherwise provided in subsection (3) or (4), 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) or (4), 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) Except as otherwise provided in this part, an individual shall not transport or possess a bow in or upon a vehicle, unless the bow is unstrung, enclosed in a case, or carried in the trunk of a vehicle.
(6) An individual shall not hunt, as that term is defined in section 43505, 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.
(7) As used in this section:
(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.
(b) “Unloaded” means 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.
Sec. 43503. (1) “Fish” means all species of fish.
(2) “Fishing” means the pursuing, capturing, catching, killing, or taking of fish, and includes attempting to pursue, capture, catch, kill, or take fish.
(3) “Firearm” means any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive. A pneumatic gun, as defined in section 1 of 1990 PA 319, MCL 123.1101, other than a paintball gun that expels by pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact, is also considered a firearm for the purpose of this act.
(4) “Firearm deer season” means any period in which deer may be lawfully hunted with a firearm.
(5) “Fur-bearing animals” includes badger, beaver, bobcat, coyote, fisher, fox, lynx, marten, mink, muskrat, opossum, otter, raccoon, skunk, and weasel.
Enacting section 1. This amendatory act takes effect July 1, 2015.
Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 98th Legislature are enacted into law:
(a) Senate Bill No. 85.
(b) House Bill No. 4151.
(c) House Bill No. 4152.
(d) House Bill No. 4153.
(e) House Bill No. 4155.
(f) House Bill No. 4156.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
