HB 5748

HOUSE BILL NO. 5748
A bill to amend 1927 PA 372, entitled
"An act to regulate and license the selling,
purchasing, possessing, and carrying of certain firearms, gas ejecting devices,
and electro-muscular disruption devices; to prohibit the buying, selling, or
carrying of certain firearms, gas ejecting devices, and electro-muscular
disruption devices without a license or other authorization; to provide for the
forfeiture of firearms and electro-muscular disruption devices 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
2017 PA 95.
the people of the state of michigan enact:
Sec. 5o. (1) Subject to subsection
subsections (4) and (5), an individual
licensed under this act to carry a concealed pistol, or who is exempt from
licensure under section 12a(h), 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 the parent or legal guardian is dropping the student
off at the school or picking up the student 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 does 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 post the sign developed under this
subdivision.
(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.
(i) The Michigan State Capitol Building.
(j) The Anderson House Office Building.
(k) The Binsfeld Senate Office Building.
(2) Subject to
subsection (5), an individual shall not carry a portable device that uses
electro-muscular disruption technology on any of the premises described in
subsection (1).
(3) An individual
licensed under this act to carry a concealed pistol, or who is exempt from
licensure under section 12a(h), shall not carry a concealed pistol in violation
of R 432.1212 of the Michigan Administrative Code promulgated under the
Michigan gaming control Gaming Control and revenue
act, Revenue Act, 1996 IL 1, MCL 432.201
to 432.226.
(4) As used in subsection (1),
"premises" does not include parking areas of the places identified
under subsection (1). Subsection (1)(i) to (k) does
not apply to an individual licensed to carry a concealed pistol under this act while
that individual is serving as a member of the Michigan house of representatives
or the Michigan senate.
(5) Subsections (1)
and (2) do not apply to any of the following:
(a) An individual
licensed under this act who is a retired police officer, retired law
enforcement officer, or retired federal law enforcement officer.
(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 the
individual's 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
professional investigator licensure act, 1965 PA 285, MCL 338.821 to 338.851.
(d) An individual
who is licensed under this act and who is a corrections officer of a county
sheriff's department or who is licensed under this act and is a retired
corrections officer of a county sheriff's department, if that individual has
received county sheriff approved weapons training.
(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 any of the following:
(i) A parole, probation, or corrections
officer, or absconder recovery unit member, of the department of corrections,
if that individual has obtained a Michigan department of corrections weapons
permit.
(ii) A retired parole, probation, or
corrections officer, or retired absconder recovery unit member, of the
department of corrections, if that individual has obtained a Michigan
department of corrections weapons permit.
(i) A state court
judge or state court retired judge who is licensed under this act.
(j) An individual
who is licensed under this act and who is a court officer.
(k) An individual
who is licensed under this act and who is a peace officer.
(6) 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.
(7) As used in subsection (1), "premises" does not include
parking areas of the places identified under subsection (1).