HB-5408, As Passed House, March 28, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 5408

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 43510, 43511, 43513, and 43516 (MCL 324.43510,

324.43511, 324.43513, and 324.43516), sections 43510 and 43516 as

amended by 2004 PA 129, section 43511 as added by 1995 PA 57, and

section 43513 as amended by 1998 PA 129.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 43510. (1) Subject to subsection (2) and except as

provided in section 43513, a person shall not carry or transport a

firearm, slingshot, bow and arrow, crossbow, or a trap while in any

area frequented by wild animals unless that person has in his or

her possession a license as required under this part.

     (2) This act or a rule promulgated or order issued by the

department or the commission under this act shall not be construed

to prohibit a person from transporting a pistol or carrying a

loaded pistol, whether concealed or not, if either of the following

applies:

     (a) The person has in his or her possession a license to carry

a concealed pistol under 1927 PA 372, MCL 28.421 to 28.435.

     (b) The person is authorized under the circumstances to carry

a concealed pistol without obtaining a license to carry a concealed

pistol under 1927 PA 372, MCL 28.421 to 28.435, as provided for

under any of the following:

     (i) Section 12a of 1927 PA 372, MCL 28.432a.

     (ii) Section 227, 227a, 231, or 231a of the Michigan penal

code, 1931 PA 328, MCL 750.227, 750.227a, 750.231, and 750.231a.

     (3) Subsection (2) does not authorize an individual to take or

attempt to take a wild animal except as provided by law.

     Sec. 43511. (1)  During  Subject to subsection (2), and except

as provided in section 43513, during the open season for the taking

of deer or elk with a firearm,  other than the muzzle-loading deer

season, a person shall not transport or possess a shotgun with

buckshot, slug load, ball load, or cut shell or a rifle other than

a .22 caliber rim fire, unless the person has in his or her

possession a license to hunt deer or elk with a firearm.

     (2) Subsection (1) does not apply during muzzle-loading deer

season.

     Sec. 43513. (1) A person may carry, transport, or possess a

firearm  , a bow and arrow, or a crossbow without a hunting

license  while at or going to and from a recognized rifle or target

range, trap, or skeet shooting ground, or archery range if the

firearm or bow and arrow or crossbow, while being carried or

transported, is as follows:

     (a) The  if the firearm is unloaded in both barrel and

magazine and either enclosed in a case or carried in the trunk of a

vehicle.

      (b) The  A person may carry, transport, or possess a

slingshot, bow and arrow, or crossbow without a hunting license if

the slingshot, bow, or crossbow is unstrung, enclosed in a case, or

carried in the trunk of a vehicle.

     (2) Regardless of whether the person has a license or it is

open season for the taking of game, a person may carry, transport,

possess or discharge a firearm, a bow and arrow, or a crossbow if

all of the following apply:

     (a) The person 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 and arrow, or crossbow.

     (b) The person 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)(i), (ii), or (iii)  (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)(i), (ii), or (iii)

(a).

     (3) A person may carry or possess an unloaded weapon at any

time if the person is traveling to or from or participating in  an

a historical reenactment.

     Sec. 43516. (1) A person who has been issued a hunting,

fishing, or fur harvester's, or fishing license  , when hunting,

fishing, or trapping or, subject to section 43510(2), in the

possession of firearms or other hunting, fishing, or trapping

apparatus in an area frequented by wild animals or fish,  shall

carry the license and shall exhibit the license upon the demand of

a conservation officer, a law enforcement officer, or the owner or

occupant of the land  .  if either or both of the following apply:

     (a) The person is hunting, trapping, or fishing.

     (b) Subject to section 43510(2) and except as provided in

section 43513, the person is in possession of a firearm or other

hunting or trapping apparatus or fishing apparatus in an area

frequented by wild animals or fish, respectively.

     (2) Subject to section 43510(2) and except as provided in

section 43513, a person shall not carry or possess afield a shotgun

with buckshot, slug loads, or ball loads; a bow and arrow; a

muzzle-loading rifle or black powder handgun; or a centerfire

handgun or centerfire rifle during firearm deer season unless that

person has a valid firearm deer license, with an unused kill tag,

if issued, issued in his or her name. The person shall exhibit an

unused kill tag, if issued, upon the request of a conservation

officer, a law enforcement officer, or the owner or occupant of the

land.