Bill Text: MI HB4560 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Weapons; firearms; premises where possession of firearms is prohibited; expand. Amends secs. 234d & 237a of 1931 PA 328 (MCL 750.234d & 750.237a).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-05-03 - Bill Electronically Reproduced 05/02/2017 [HB4560 Detail]
Download: Michigan-2017-HB4560-Introduced.html
HOUSE BILL No. 4560
May 2, 2017, Introduced by Reps. Hammoud, Sabo, Geiss, Hoadley, Schor, Elder, Wittenberg, Love, Santana, Gay-Dagnogo and Sneller and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 234d and 237a (MCL 750.234d and 750.237a),
section 234d as amended by 1994 PA 158 and section 237a as amended
by 2015 PA 26.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
234d. (1) Except as provided in subsection (2), a person
an individual shall not possess a firearm on the premises of any of
the following:
(a) A depository financial institution or a subsidiary or
affiliate of a depository financial institution.
(b) A church or other house of religious worship.
(c) A court.
(d) A theatre.
(e) A sports arena.
(f) A day care center.
(g) A hospital.
(h) An establishment licensed under the Michigan liquor
control
act, Act No. 8 of the Public Acts of the Extra Session of
1933,
being sections 436.1 to 436.58 of the Michigan Compiled
Laws.code of 1998, 1998 PA 58, MCL 436.1101 to
436.2303.
(i) A police station, if the police station has a sign posted
at each entrance stating that the possession of firearms is
prohibited on the premises.
(2) This section does not apply to any of the following:
(a)
A person An individual who owns, or is employed by or
contracted by, an entity described in subsection (1) if the
possession of that firearm is to provide security services for that
entity.
(b) A peace officer.
(c)
A person licensed by this state or another state to carry
a
concealed weapon.
(c) (d)
A person An individual who possesses a firearm on the
premises of an entity described in subsection (1) if that
possession is with the permission of the owner or an agent of the
owner of that entity.
(d) An individual who possesses a firearm at a police station
if that individual possesses the firearm for 1 of the following
purposes:
(i) To relinquish that firearm to the police department to be
destroyed.
(ii) To relinquish that firearm to the police department as
evidence.
(3) A person An individual who violates
this section is guilty
of a misdemeanor punishable by imprisonment for not more than 90
days or a fine of not more than $100.00, or both.
Sec. 237a. (1) An individual who engages in conduct proscribed
under section 224, 224a, 224b, 224c, 224e, 226, 227, 227a, 227f,
234a, 234b, or 234c, or who engages in conduct proscribed under
section 223(2) for a second or subsequent time, in a weapon free
school zone is guilty of a felony punishable by 1 or more of the
following:
(a) Imprisonment for not more than the maximum term of
imprisonment authorized for the section violated.
(b) Community service for not more than 150 hours.
(c) A fine of not more than 3 times the maximum fine
authorized for the section violated.
(2) An individual who engages in conduct proscribed under
section 223(1), 224d, 226a, 227c, 227d, 231c, 232a(1) or (4), 233,
234, 234e, 234f, 235, 236, or 237, or who engages in conduct
proscribed under section 223(2) for the first time, in a weapon
free school zone is guilty of a misdemeanor punishable by 1 or more
of the following:
(a) Imprisonment for not more than the maximum term of
imprisonment authorized for the section violated or 93 days,
whichever is greater.
(b) Community service for not more than 100 hours.
(c) A fine of not more than $2,000.00 or the maximum fine
authorized for the section violated, whichever is greater.
(3) Subsections (1) and (2) do not apply to conduct proscribed
under a section enumerated in those subsections to the extent that
the proscribed conduct is otherwise exempted or authorized under
this chapter.
(4) Except as provided in subsection (5), an individual who
possesses a weapon in a weapon free school zone is guilty of a
misdemeanor punishable by 1 or more of the following:
(a) Imprisonment for not more than 93 days.
(b) Community service for not more than 100 hours.
(c) A fine of not more than $2,000.00.
(5) Subsection (4) does not apply to any of the following:
(a) An individual employed by or contracted by a school if the
possession of that weapon is to provide security services for the
school.
(b) A peace officer.
(c)
An individual licensed by this state or another state to
carry
a concealed weapon.
(c) (d)
An individual who possesses a
weapon provided by a
school or a school's instructor on school property for purposes of
providing or receiving instruction in the use of that weapon.
(d) (e)
An individual who possesses a
firearm on school
property if that possession is with the permission of the school's
principal or an agent of the school designated by the school's
principal or the school board.
(e) (f)
An individual who is 18 years of
age or older who is
not a student at the school and who possesses a firearm on school
property while transporting a student to or from the school if any
of the following apply:
(i) The individual is carrying an antique firearm, completely
unloaded, in a wrapper or container in the trunk of a vehicle while
en route to or from a hunting or target shooting area or function
involving the exhibition, demonstration or sale of antique
firearms.
(ii) The individual is carrying a firearm unloaded in a
wrapper or container in the trunk of the person's vehicle, while in
possession of a valid Michigan hunting license or proof of valid
membership in an organization having shooting range facilities, and
while en route to or from a hunting or target shooting area.
(iii) The person individual is carrying a
firearm unloaded in
a
wrapper or container in the trunk of the person's individual's
vehicle 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 one place of abode or
business to another place of abode or business.
(iv) The person individual is carrying an
unloaded firearm in
the passenger compartment of a vehicle that does not have a trunk,
if
the person individual is otherwise complying with the
requirements of subparagraph (ii) or (iii) and the wrapper or
container is not readily accessible to the occupants of the
vehicle.
(6) As used in this section:
(a) "Antique firearm" means either of the following:
(i) A firearm not designed or redesigned for using rimfire or
conventional center fire ignition with fixed ammunition and
manufactured in or before 1898, including a matchlock, flintlock,
percussion cap, or similar type of ignition system or a replica of
such a firearm, whether actually manufactured before or after the
year 1898.
(ii) A firearm using fixed ammunition manufactured in or
before 1898, for which ammunition is no longer manufactured in the
United States and is not readily available in the ordinary channels
of commercial trade.
(b) "School" means a public, private, denominational, or
parochial school offering developmental kindergarten, kindergarten,
or any grade from 1 through 12.
(c) "School property" means a building, playing field, or
property used for school purposes to impart instruction to children
or used for functions and events sponsored by a school, except a
building used primarily for adult education or college extension
courses.
(d) "Weapon" includes, but is not limited to, a pneumatic gun.
(e) "Weapon free school zone" means school property and a
vehicle used by a school to transport students to or from school
property.
