Bill Text: MI HB5417 | 2017-2018 | 99th Legislature | Chaptered
Bill Title: Natural resources; hunting; possessing or transporting of a bow and arrow, crossbow, or slingshot; modify. Amends secs. 40111 & 43513 of 1994 PA 451 (MCL 324.40111 & 324.43513).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-08-15 - Assigned Pa 272'18 With Immediate Effect [HB5417 Detail]
Download: Michigan-2017-HB5417-Chaptered.html
Act No. 272
Public Acts of 2018
Approved by the Governor
June 28, 2018
Filed with the Secretary of State
June 29, 2018
EFFECTIVE DATE: September 27, 2018
STATE OF MICHIGAN
99TH LEGISLATURE
REGULAR SESSION OF 2018
Introduced by Reps. Johnson, Barrett, Reilly, Bellino, Hernandez, Miller, Dianda, Bizon, Howell, LaFave, Hornberger, Alexander and Lucido
ENROLLED HOUSE BILL No. 5417
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 40111 and 43513 (MCL 324.40111 and 324.43513), section 40111 as amended by 2015 PA 185 and section 43513 as amended by 2013 PA 108.
The People of the State of Michigan enact:
Sec. 40111. (1) Except as otherwise provided in subsection (3) or (5), 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), (4), or (5), 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) An individual holding a valid permit to hunt from a standing vehicle under section 40114 may transport or possess an uncased firearm with a loaded magazine on a personal assistive mobility device if the action is open. An individual holding a valid permit to hunt from a standing vehicle under section 40114 may possess a loaded firearm and may discharge that firearm to take game from a personal assistive mobility device if each of the following applies:
(a) The personal assistive mobility device is not moving.
(b) The individual holds a valid base license under section 43523a, holds any other necessary license under part 435, and complies with all other laws and rules for the taking of game.
(6) An individual may transport or possess a bow or crossbow in or upon a vehicle while that vehicle is operated on public land or on a highway, road, or street in this state if the bow or crossbow is unloaded and uncocked, enclosed in a case, or carried in the trunk of a vehicle.
(7) An individual shall not hunt with a firearm 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.
(8) 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) “Personal assistive mobility device” means any device, including, but not limited to, one that is battery-powered, that is designed solely for use by an individual with mobility impairment for locomotion and is considered an extension of the individual.
(c) “Uncocked” means the following:
(i) For a bow, that the bow is not in the drawn position.
(ii) For a crossbow, that the crossbow is not in the cocked position.
(d) “Unloaded” means the following:
(i) For a firearm, 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.
(ii) For a bow, that an arrow is not nocked.
(iii) For a crossbow, that a bolt is not in the flight groove.
Sec. 43513. (1) An individual may carry, transport, or possess a firearm without a hunting license if the firearm is unloaded and either enclosed in a case or carried in a vehicle in a location that is not readily accessible to any occupant of the vehicle. An individual may carry, transport, or possess a slingshot, bow, or crossbow without a hunting license if the slingshot, bow, or crossbow is unloaded and uncocked, enclosed in a case, or carried in a vehicle in a location that is not readily accessible to any occupant of the vehicle.
(2) Regardless of whether the individual has a license or it is open season for the taking of game, an individual may carry, transport, possess, or discharge a firearm, a bow, or a crossbow if all of the following apply:
(a) The individual is not taking or attempting to take game but is engaged in 1 or more of the following activities:
(i) Target practice using an identifiable, artificially constructed target or targets.
(ii) Practice with silhouettes, plinking, skeet, or trap.
(iii) Sighting-in the firearm, bow, or crossbow.
(b) The individual is, or is accompanied by or has the permission of, either of the following:
(i) The owner of the property on which the activity under subdivision (a) is taking place.
(ii) The lessee of that property for a term of not less than 1 year.
(c) The owner or lessee of the property does not receive remuneration for the activity under subdivision (a).
(3) An individual may carry, transport, or possess a firearm, slingshot, bow, or crossbow without a hunting license if the individual is hunting on a game bird hunting preserve licensed under part 417.
(4) An individual may carry or possess an unloaded weapon at any time if the individual is traveling to or from or participating in a historical reenactment.
(5) As used in this section:
(a) “Uncocked” means the following:
(i) For a bow, that the bow is not in the drawn position.
(ii) For a crossbow, that the crossbow is not in the cocked position.
(iii) For a slingshot, that the slingshot is not in the drawn position.
(b) “Unloaded” means the following:
(i) For a firearm, 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.
(ii) For a bow, that an arrow is not nocked.
(iii) For a crossbow, that a bolt is not in the flight groove.
(iv) For a slingshot, that the slingshot does not have ammunition in the projectile pocket.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
