NO-CARRY ZONE EXEMPTION: INCLUDE PETITIONERS FOR A PERSONAL PROTECTION ORDER
House Bill 5272 as introduced
Sponsor: Rep. Rodney Wakeman
Committee: Military, Veterans and Homeland Security
Complete to 2-3-20
SUMMARY:
House Bill 5272 would amend 1927 PA 372, the handgun licensing law, to expand the list of those who may carry a concealed pistol in a “no-carry” zone to include petitioners for a personal protection order (PPO) under the Revised Judicature Act (RJA) and to establish a copy of the PPO as the acceptable proof of qualifying for that exemption when applying for a concealed pistol license (CPL).
Currently, even if a person holds a CPL issued by Michigan or by his or her other state of residence, he or she cannot carry the pistol concealed into certain places—such as a day care center, church, or bar—known as no-carry zones or weapon-free zones, unless specifically allowed by statute.
The bill would authorize an individual who has a CPL and who is a petitioner for a PPO issued under section 2950 or 2950a of the RJA to carry a concealed pistol in a no-carry zone. A copy of the PPO would constitute the acceptable proof of qualifying for this exemption from the no-carry zone prohibition.
The bill would also revise references to section 226a of the Michigan Penal Code to reflect the repeal of that section by 2017 PA 96.
MCL 28.425b and 28.425o
FISCAL IMPACT:
Depending on the number of people who would no longer be responsible for state civil infractions or guilty of crimes under the provisions of the bill, the bill would result in a decrease in costs and revenues for the state and for local units of government. Reduced felony charges would result in reduced costs related to the state correctional system, reduced misdemeanor charges would result in reduced costs related to county jails and/or local misdemeanor probation supervision, and reduced civil infractions and reduced penal fines would decrease funding for public and county law libraries, which are the constitutionally designated recipients of those revenues. In fiscal year 2019, the average cost of prison incarceration in a state facility was roughly $39,400 per prisoner, a figure that includes various fixed administrative and operational costs. State costs for parole and felony probation supervision averaged about $3,800 per supervised offender in the same year. Those costs are financed with state general fund/general purpose revenue. The costs of local incarceration in county jails and local misdemeanor probation supervision, and how those costs are financed, vary by jurisdiction. Local court systems could see a decline in caseloads and related administrative costs under provisions of the bill.
Fiscal Analyst: Robin Risko
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.