HOUSE BILL No. 6113 May 21, 2002, Introduced by Reps. Raczkowski, Howell, Vear, Shackleton and Woronchak and referred to the Committee on Civil Law and the Judiciary. A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possess- ing, 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 authoriza- tion; 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 agen- cies; 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 appropri- ations; and to repeal all acts and parts of acts inconsistent with this act," by amending section 5k (MCL 28.425k), as added by 2000 PA 381. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 5k. (1) Acceptance of a license issued under this act 2 to carry a concealed pistol constitutes implied consent to submit 3 to a chemical analysis under this section. This section also 4 applies to individuals listed in section12a(a) to (f)12A(F). 06064'01 TVD 2 1 (2) An individual shall not carry a concealed pistol while 2 he or she is under the influence of alcoholic liquor or a 3 controlled substance or while having a bodily alcohol content 4 prohibited under this section. A person who violates this sec- 5 tion is responsible for a state civil infraction or guilty of a 6 crime as follows: 7 (a) If the person was under the influence of alcoholic 8 liquor or a controlled substance or a combination of alcoholic 9 liquor and a controlled substance, or had a bodily alcohol con- 10 tent of .10 or more grams per 100 milliliters of blood, per 210 11 liters of breath, or per 67 milliliters of urine, the individual 12 is guilty of a misdemeanor punishable by imprisonment for not 13 more than 93 days or $100.00, or both. The court shall order the 14 concealed weapon licensing board that issued the individual a 15 license to carry a concealed pistol to permanently revoke the 16 license. The concealed weapon licensing board shall permanently 17 revoke the license as ordered by the court. 18 (b) If the person had a bodily alcohol content of .08 or 19 more but less than .10 grams per 100 milliliters of blood, per 20 210 liters of breath, or per 67 milliliters of urine, the indi- 21 vidual is guilty of a misdemeanor punishable by imprisonment for 22 not more than 93 days or $100.00, or both. The court may order 23 the concealed weapon licensing board that issued the individual a 24 license to carry a concealed pistol to revoke the license for not 25 more than 3 years. The concealed weapon licensing board shall 26 revoke the license as ordered by the court. 06064'01 3 1 (c) If the person had a bodily alcohol content of .02 or 2 more but less than .08 grams per 100 milliliters of blood, per 3 210 liters of breath, or per 67 milliliters of urine, the indi- 4 vidual is responsible for a state civil infraction and may be 5 fined not more than $100.00. The court may order the concealed 6 weapon licensing board that issued the individual the license to 7 revoke the license for 1 year. The concealed weapon licensing 8 board shall revoke the license as ordered by the court. The 9 court shall notify the concealed weapon licensing board that 10 issued the individual a license to carry a concealed pistol if an 11 individual is found responsible for a subsequent violation of 12 this subdivision. 13 (3) This section does not prohibit an individual licensed 14 under this act to carry a concealed pistol who has any bodily 15 alcohol content from transporting that pistol in the locked trunk 16 of his or her motor vehicle or another motor vehicle in which he 17 or she is a passenger or, if the vehicle does not have a trunk, 18 from transporting that pistol unloaded in a locked compartment or 19 container that is separated from the ammunition for that pistol 20 or on a vessel if the pistol is transported unloaded in a locked 21 compartment or container that is separated from the ammunition 22 for that pistol. 23 (4) A peace officer who has probable cause to believe an 24 individual is carrying a concealed pistol in violation of this 25 section may require the individual to submit to a chemical analy- 26 sis of his or her breath, blood, or urine. 06064'01 4 1 (5) Before an individual is required to submit to a chemical 2 analysis under subsection (4), the peace officer shall inform the 3 individual of all of the following: 4 (a) The individual may refuse to submit to the chemical 5 analysis, but if he or she chooses to do so, all of the following 6 apply: 7 (i) The officer may obtain a court order requiring the indi- 8 vidual to submit to a chemical analysis. 9 (ii) The refusal may result in his or her license to carry a 10 concealed pistol being suspended or revoked. 11 (b) If the individual submits to the chemical analysis, he 12 or she may obtain a chemical analysis described in subsection (4) 13 from a person of his or her own choosing. 14 (6) The collection and testing of breath, blood, and urine 15 specimens under this section shall be conducted in the same 16 manner that breath, blood, and urine specimens are collected and 17 tested for alcohol- and controlled-substance-related driving vio- 18 lations under the Michigan vehicle code, 1949 PA 300, MCL 257.1 19 to 257.923. 20 (7) If a person refuses to take a chemical test authorized 21 under this section, the peace officer shall promptly report the 22 refusal in writing to the concealed weapon licensing board that 23 issued the license to the individual to carry a concealed 24 pistol. 25 (8) If a person takes a chemical test authorized under this 26 section and the test results indicate that the individual had any 27 bodily alcohol content while carrying a concealed pistol, the 06064'01 5 1 peace officer shall promptly report the violation in writing to 2 the concealed weapon licensing board that issued the license to 3 the individual to carry a concealed pistol. 4 (9) As used in this section: 5 (a) "Alcoholic liquor" means that term as defined in section 6 105 of the Michigan liquor control code of 1998, 1998 PA 58, 7 MCL 436.1105. 8 (b) "Controlled substance" means that term as defined in 9 section 7104 of the public health code, 1978 PA 368, 10 MCL 333.7401. 06064'01 Final page. 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