HB-6394, As Passed House, November 30, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 6394

     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 section 12a (MCL 28.432a), as amended by 2002 PA 719.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 12a. (1) The requirements of this act for obtaining a

license to carry a concealed pistol do not apply to any of the

following:

     (a) A peace officer of a duly authorized police agency of the

United States or of this state or a political subdivision of this

state, who is regularly employed and paid by the United States or

this state or a subdivision of this state, except a township

constable.

     (b) A constable who is trained and certified under the

commission on law enforcement standards act, 1965 PA 203, MCL

28.601 to 28.616, while engaged in his or her official duties or

going to or coming from his or her official duties, and who is

regularly employed and paid by a political subdivision of this

state.

     (c) A person regularly employed by the department of

corrections and authorized in writing by the director of the

department of corrections to carry a concealed pistol during the

performance of his or her duties or while going to or returning

from his or her duties.

     (d) A person regularly employed as a local corrections officer

by a county sheriff, who is trained in the use of force and is

authorized in writing by the county sheriff to carry a concealed

pistol during the performance of his or her duties.

     (e) A person regularly employed in a city jail or lockup who

has custody of persons detained or incarcerated in the jail or

lockup, is trained in the use of force, and is authorized in

writing by the chief of police or the county sheriff to carry a

concealed pistol during the performance of his or her duties.

(f)  (d) A member of the United States army, air force, navy,

or marine corps while carrying a concealed pistol in the line of

duty.

(g)  (e) A member of the national guard, armed forces

reserves, or other duly authorized military organization while on

duty or drill or while going to or returning from his or her place

of assembly or practice or while carrying a concealed pistol for

purposes of that military organization.

(h)  (f) A resident of another state who is licensed by that

state to carry a concealed pistol.

(i)  (g) The regular and ordinary transportation of a pistol

as merchandise by an authorized agent of a person licensed to

manufacture firearms.

(j)  (h) A person while carrying a pistol unloaded in a

wrapper or container in the trunk of his or her vehicle 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 from the place of purchase to

his or her home or place of business or to a place of repair or

back to his or her home or place of business, or in moving goods

from 1 place of abode or business to another place of abode or

business.

(k)  (i) A peace officer or law enforcement officer from

Canada.

     (2) As used in this act, "local corrections officer" means

that term as defined in section 2 of the local corrections officers

training act, 2003 PA 125, MCL 791.532.