Bill Text: MI HB4591 | 2011-2012 | 96th Legislature | Engrossed

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Bill Title: Weapons; other; no-carry zone violations; require compliance by individuals licensed out of state. Amends secs. 5k & 5o of 1927 PA 372 (MCL 28.425k & 28.425o).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-12-06 - Referred To Committee Of The Whole With Substitute S-2 [HB4591 Detail]

Download: Michigan-2011-HB4591-Engrossed.html

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HB-4591, As Passed House, May 17, 2012

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4591

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1927 PA 372, entitled

 

"An act to regulate and license the selling, purchasing,

possessing, and carrying of certain firearms and gas ejecting

devices; to prohibit the buying, selling, or carrying of certain

firearms and gas ejecting devices without a license or other

authorization; to provide for the forfeiture of firearms 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 5k, 5l, and 5o (MCL 28.425k, 28.425l, and

 

28.425o), section 5k as added by 2000 PA 381, section 5l as amended

 

by 2012 PA 32, and section 5o as amended by 2008 PA 407.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5k. (1) Acceptance of a license issued under this act to

 

carry a concealed pistol constitutes implied consent to submit to a

 

chemical analysis under this section. This section also applies to

 

individuals listed in section 12a(a) 12a(1)(a) to (f) (h).

 

     (2) An individual shall not carry a concealed pistol while he

 

or she is under the influence of alcoholic liquor or a controlled

 

substance or while having a bodily alcohol content prohibited under

 

this section. A person who violates this section is responsible for

 

a state civil infraction or guilty of a crime as follows:

 

     (a) If the person was under the influence of alcoholic liquor

 

or a controlled substance or a combination of alcoholic liquor and

 

a controlled substance, or had a bodily alcohol content of .10 or

 

more grams per 100 milliliters of blood, per 210 liters of breath,

 

or per 67 milliliters of urine, the individual is guilty of a

 

misdemeanor punishable by imprisonment for not more than 93 days or

 

$100.00, or both. The court shall order the concealed weapon

 

licensing board that issued the individual a license to carry a

 

concealed pistol to permanently revoke the license. The concealed

 

weapon licensing board shall permanently revoke the license as

 

ordered by the court.

 

     (b) If the person had a bodily alcohol content of .08 or more

 

but less than .10 grams per 100 milliliters of blood, per 210

 

liters of breath, or per 67 milliliters of urine, the individual is

 

guilty of a misdemeanor punishable by imprisonment for not more

 

than 93 days or $100.00, or both. The court may order the concealed

 

weapon licensing board that issued the individual a license to

 

carry a concealed pistol to revoke the license for not more than 3

 

years. The concealed weapon licensing board shall revoke the

 

license as ordered by the court.

 

     (c) If the person had a bodily alcohol content of .02 or more

 

but less than .08 grams per 100 milliliters of blood, per 210

 

liters of breath, or per 67 milliliters of urine, the individual is

 

responsible for a state civil infraction and may be fined not more

 

than $100.00. The court may order the concealed weapon licensing

 

board that issued the individual the license to revoke the license

 

for 1 year. The concealed weapon licensing board shall revoke the

 

license as ordered by the court. The court shall notify the

 

concealed weapon licensing board that issued the individual a

 

license to carry a concealed pistol if an individual is found

 

responsible for a subsequent violation of this subdivision.

 

     (3) This section does not prohibit an individual licensed

 

under this act to carry a concealed pistol who has any bodily

 

alcohol content from transporting that pistol in the locked trunk

 

of his or her motor vehicle or another motor vehicle in which he or

 

she is a passenger 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 or

 

on a vessel if the pistol is transported unloaded in a locked

 

compartment or container that is separated from the ammunition for

 

that pistol.

 

     (4) A peace officer who has probable cause to believe an

 

individual is carrying a concealed pistol in violation of this

 

section may require the individual to submit to a chemical analysis

 

of his or her breath, blood, or urine.

 

     (5) Before an individual is required to submit to a chemical

 

analysis under subsection (4), the peace officer shall inform the

 

individual of all of the following:

 

     (a) The individual may refuse to submit to the chemical

 

analysis, but if he or she chooses to do so, all of the following

 

apply:

 

     (i) The officer may obtain a court order requiring the

 

individual to submit to a chemical analysis.

 

     (ii) The refusal may result in his or her license to carry a

 

concealed pistol being suspended or revoked.

 

     (b) If the individual submits to the chemical analysis, he or

 

she may obtain a chemical analysis described in subsection (4) from

 

a person of his or her own choosing.

 

     (6) The collection and testing of breath, blood, and urine

 

specimens under this section shall be conducted in the same manner

 

that breath, blood, and urine specimens are collected and tested

 

for alcohol- and controlled-substance-related driving violations

 

under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.

 

     (7) If a person refuses to take a chemical test authorized

 

under this section, the peace officer shall promptly report the

 

refusal in writing to the concealed weapon licensing board that

 

issued the license to the individual to carry a concealed pistol.

 

     (8) If a person takes a chemical test authorized under this

 

section and the test results indicate that the individual had any

 

bodily alcohol content while carrying a concealed pistol, the peace

 

officer shall promptly report the violation in writing to the

 

concealed weapon licensing board that issued the license to the

 

individual to carry a concealed pistol.

 

     (9) As used in this section:

 

     (a) "Alcoholic liquor" means that term as defined in section

 

105 of the Michigan liquor control code of 1998, 1998 PA 58, MCL

 

436.1105.

 

     (b) "Controlled substance" means that term as defined in

 

section 7104 of the public health code, 1978 PA 368, MCL 333.7401

 

333.7104.

 

     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

House Bill 4591 (H-1) as amended May 15, 2012

 

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

 

officer, [or ]retired law enforcement officer[, 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].

 

     (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.

 

     Sec. 5o. (1) Subject to subsection (4), 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) 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.

 

     (3) As used in subsection (1), "premises" does not include

 

parking areas of the places identified under subsection (1).

 

     (4) Subsection (1) does 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 or a state

 

correctional officer as that term is defined in section 2 of the

 

correctional officers' training act of 1982, 1982 PA 415, MCL

 

791.502.

 

     (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 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.

 

     (5) 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.