NO CARRY ZONE EXEMPTIONS: EXPAND

House Bill 4435

Sponsor:  Rep. Joel Johnson

Committee:  Judiciary

Complete to 2-1-12

A SUMMARY OF HOUSE BILL 4435 AS INTRODUCED 3-15-11

The bill would allow a retired parole or probation officer of the Department of Corrections, or a retired corrections officer of a county sheriff's department, who has a concealed pistol permit to carry that pistol in a no-carry zone such as a school, bar, or church.

The handgun licensure law contains a list of places where a person who is licensed under the law, or who is exempt from licensure under the law, is prohibited from carrying a concealed pistol.  Called "no carry-zones," these include schools; sports arenas or stadiums; bars or taverns; any property or facility owned or operated by a church, synagogue, mosque, temple, or other place of worship (unless permitted by the entity); large entertainment facilities; hospitals; or dormitories or classrooms of a community college, college, or university.

Several exemptions are provided that allow certain people authorized to carry a concealed pistol to carry that pistol in a no-carry zone.  Included in this list are retired police officers, licensed private investigators and private detectives, motor carriers officers and capitol security officers of the Department of Corrections, and active and retired state court judges.

House Bill 4435 would amend the handgun licensure law, Public Act 372 of 1927, to expand the exemption to carry a concealed pistol in a no-carry zone to the following individuals if already licensed to carry a concealed pistol:

o                   A retired corrections officer of a county sheriff's department.

o                   A retired parole or probation officer of the Department of Corrections.

The concealed weapon licensing board could require a letter from the county sheriff's department or Department of Corrections stating that the retired corrections, parole, or probation officer is in good standing.

Active parole and probation officers and county corrections officers who are licensed to carry a concealed pistol are already authorized to carry the concealed weapon in a no-carry zone.

MCL 28.425o

FISCAL IMPACT:

To the extent that the bill’s exemptions prevented misdemeanor or felony convictions that would have otherwise occurred, it could reduce state and/or local incarceration costs, probation supervision costs, and penal fine revenue, which is constitutionally-dedicated to local libraries.  However, any fiscal impact would likely be negligible.

An analysis on the fiscal implications for concealed weapons licensing boards is in process.

                                                                                           Legislative Analyst:   Susan Stutzky

                                                                                                  Fiscal Analyst:   Bob Schneider

                                                                                                                           Robin Risko

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.