HOUSE BILL No. 5406

November 8, 2005, Introduced by Reps. Acciavatti, Gosselin, Vander Veen, Miller, Gleason, Jones and Newell 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 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 5o (MCL 28.425o), as amended by 2002 PA 719.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5o. (1) Subject to subsection (4), an individual licensed

 

under this act to carry a concealed pistol, or who is exempt from

 

licensure under section 12a(f), 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 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

 

shall 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  shall  is not  be  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) An individual licensed under this act to carry a concealed

 

pistol, or who is exempt from licensure under section 12a(f), shall

 

not carry a concealed pistol in violation of R 432.1212 or a

 

successor rule of the Michigan administrative code promulgated

 

pursuant to the Michigan gaming control and revenue act, the

 

Initiated Law of 1996, MCL 432.201 to 432.226.

 

     (3) As used in subsection (1), "premises" does not include

 

parking areas of the places identified under subsection (1).

 

     (4) Subsection (1) does 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 private detective license act, 1965 PA

 

285, MCL 338.821 to 338.851.

 

      (d) Any of the following who is licensed under this act while

 

on duty and in the course of his or her employment:

 

     (i) A corrections officer of a county sheriff's department.

 

     (ii) A motor carrier officer or capitol security officer of the

 

department of state police.

 

     (iii) A member of a sheriff's posse.

 

     (iv) An auxiliary officer or reserve officer of a police or

 

sheriff's department.

 

     (v) A parole or probation officer of the department of

 

corrections.

 

     (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.

 

     (5) 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.