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.