Bill Text: MI HB5326 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Weapons; licensing; firearms records; clarify what records are exempt under the freedom of information act. Amends sec. 5o of 1927 PA 372 (MCL 28.425o). TIE BAR WITH: HB 4155'13, HB 5324'14, HB 5325'14, HB 5327'14, HB 5328'14, HB 5329'14, SB 0049'13
Spectrum: Moderate Partisan Bill (Republican 13-3)
Status: (Introduced - Dead) 2014-03-18 - Referred To Committee On Judiciary [HB5326 Detail]
Download: Michigan-2013-HB5326-Engrossed.html
HB-5326, As Passed House, March 13, 2014
HOUSE BILL No. 5326
February 13, 2014, Introduced by Reps. McBroom, Nesbitt, Rendon, Jenkins, Pettalia, Cotter, Crawford, LaVoy, MacGregor, Lauwers, Pscholka, MacMaster, Heise, Schmidt, Dianda and Kivela 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 5o (MCL 28.425o), as amended by 2012 PA 123.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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
student 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.
(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.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 97th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 5325 (request no.
04850'14).
(b) Senate Bill No.____ or House Bill No. 5327 (request no.
04851'14).
(c) Senate Bill No.____ or House Bill No. 5324 (request no.
04852'14).
(d) Senate Bill No.____ or House Bill No. 5328 (request no.
04853'14).
(e) House Bill No. 4155.
(f) Senate Bill No. 49.
(g) Senate Bill No.____ or House Bill No. 5329 (request no.
00974'13 a).