November 8, 2005, Introduced by Reps. Moore, Drolet, Hildenbrand, Elsenheimer, Booher, Taub, Baxter, Mayes, Hansen, Miller, Gosselin, Vander Veen, Proos, Meyer, Casperson, Sheltrown, Stahl, Farhat, Gleason, Polidori, Caswell, Van Regenmorter, Kahn and Hummel and referred to the Committee on Conservation, Forestry, and Outdoor Recreation.
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 firearm is unloaded in both barrel and magazine and
either enclosed in a case or carried in the trunk of a vehicle.
(b) The bow or crossbow is unstrung, enclosed in a case, or
carried in the trunk of a vehicle.
(2) A person may carry, transport, or possess a firearm, a bow
and arrow, or a crossbow without a hunting license under the
following circumstances, as applicable:
(a) The firearm is unloaded in both barrel and magazine and
carried in the trunk of a vehicle.
(b) The bow or crossbow is carried in the trunk of a vehicle.
(3) (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).
(4) (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 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, fishing, or trapping.
(b) Subject to section 43510(2) and except as provided in
section 43513, the person is in possession of firearms or other
hunting, fishing, or trapping apparatus in an area frequented by
wild animals or fish.
(2) Subject to section 43510(2), 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.