NO-CARRY ZONE EXEMPTIONS                                                              H.B. 4159 (S-2):

                                                                                   SUMMARY OF SUBSTITUTE BILL

                                                                                                         IN COMMITTEE

 

 

 

 

 

 

 

 

 

House Bill 4159 (Substitute S-2)

Sponsor:  Representative Joel Johnson

House Committee:  Judiciary

Senate Committee:  Judiciary

 

Date Completed:  6-8-15

 


CONTENT

 

The bill would amend the handgun licensure law to exclude retired county corrections officers and certain Department of Corrections (DOC) officers and retired officers who held a concealed pistol license from provisions prohibiting a licensee from carrying a concealed pistol or taser on certain premises.

 

The law prohibits a person who is licensed to carry a concealed pistol, or who is exempt from licensure, from carrying a concealed pistol or taser on the premises (excluding the parking areas) of any of the following (commonly called weapon-free or no-carry zones):

 

--   A school or school property, except for a student's parent or legal guardian while in a vehicle on school property, if he or she is dropping off or picking up the student.

--   A public or private child care center or day care center, child caring institution, or child placing agency.

--   A sports arena or stadium.

--   A licensed bar or tavern whose primary source of income is the sale of liquor by the glass for on-premises consumption.

--   Any property or facility owned or operated by a church, synagogue, mosque, temple, or other place of worship, unless its presiding official or officials permit the carrying of a concealed pistol on the property or facility.

--   An entertainment facility with a seating capacity of 2,500 or more that the person knows or should know has such a seating capacity or that has a sign stating that capacity.

--   A hospital.

--   A dormitory or classroom of a community college, college, or university.

 

A violation is a State civil infraction punishable by a maximum fine of $500, and a mandatory six-month suspension of the individual's license to carry a concealed pistol. A second violation is a misdemeanor punishable by a maximum fine of $1,000, and revocation of the individual's license to carry a concealed pistol. A third or subsequent violation is a felony punishable by up to four years' imprisonment and/or a maximum fine of $5,000, and license revocation.

 

The law lists individuals to whom the prohibition described above does not apply, including a licensee who is a corrections officer of a county sheriff's department. Under the bill, the prohibition also would not apply to an individual who was licensed under the law and was a retired corrections officer of a county sheriff's department.

 

In addition, the prohibition currently does not apply to a licensee who is a DOC parole or probation officer. Under the bill, the prohibition would not apply to a licensee who was a


currently employed or retired DOC parole, probation, or corrections officer, or absconder recovery unit member.

 

MCL 28.425o                                                           Legislative Analyst:  Patrick Affholter

 

FISCAL IMPACT

 

The bill would have no fiscal impact on State or local government.

 

                                                                                      Fiscal Analyst:  John Maxwell

 

 

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.