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View Full Version : We need to watch this one


Rob
02-20-2004, 07:22 AM
http://www.michiganlegislature.org/documents/2003-2004/billintroduced/house/pdf/2004-HIB-5496.pdf

03582'03 TVD HOUSE BILL No. 5496
HOUSE BILL No. 5496
February 10, 2004, Introduced by Reps. Julian, Caswell, Milosch, Meyer, Stakoe, Plakas,
Voorhees, LaJoy, Garfield, Pappageorge, Hoogendyk, Ehardt, Richardville, Van
Regenmorter, Farhat, Pastor, Drolet, O'Neil, Vander Veen and Nofs and referred to the
Committee on Judiciary.
A bill to amend 1927 PA 372, entitled
"An act to regulate and license the selling, purchasing,
possessing, and carrying of certain firearms and gas ejecting
devices; to prohibit the buying, selling, or carrying of certain
firearms and gas ejecting devices without a license or other
authorization; to provide for the forfeiture of firearms 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 12a (MCL 28.432a), as amended by 2002 PA
719.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 12a. The requirements of this act for obtaining a
2 license to carry a concealed pistol do not apply to any of the
3 following:
4 (a) A peace officer of a duly authorized police agency of the
2
03582'03 TVD
1 United States or of this state or another state, or of a
2 political subdivision of this state or another state, who is
3 regularly employed and paid by the United States or this state or
4 another state or a political subdivision of this state or another
5 state, except a township constable.
6 (b) A constable who is trained and certified under the
7 commission on law enforcement standards act, 1965 PA 203,
8 MCL 28.601 to 28.616, while engaged in his or her official duties
9 or going to or coming from his or her official duties, and who is
10 regularly employed and paid by a political subdivision of this
11 state.
12 (c) A person regularly employed by the department of
13 corrections and authorized in writing by the director of the
14 department of corrections to carry a concealed pistol during the
15 performance of his or her duties or while going to or returning
16 from his or her duties.
17 (d) A member of the United States army, air force, navy, or
18 marine corps while carrying a concealed pistol in the line of
19 duty.
20 (e) A member of the national guard, armed forces reserves, or
21 other duly authorized military organization while on duty or
22 drill or while going to or returning from his or her place of
23 assembly or practice or while carrying a concealed pistol for
24 purposes of that military organization.
25 (f) A resident of another state who is licensed by that state
26 to carry a concealed pistol.
27 (g) The regular and ordinary transportation of a pistol as
3
1 merchandise by an authorized agent of a person licensed to
2 manufacture firearms.
3 (h) A person while carrying a pistol unloaded in a wrapper or
4 container in the trunk of his or her vehicle or, if the vehicle
5 does not have a trunk, from transporting that pistol unloaded in
6 a locked compartment or container that is separated from the
7 ammunition for that pistol from the place of purchase to his or
8 her home or place of business or to a place of repair or back to
9 his or her home or place of business, or in moving goods from 1
10 place of abode or business to another place of abode or
11 business.
12 (i) A peace officer or law enforcement officer from Canada.

Now to me this is directly against the Veer bill we fought so hard to get, looks like they are trying to put it back to the way it was... Unless I am misreading this proposed bill??

Jim Simmons
02-20-2004, 11:49 AM
Rob: the language you highlighted IS the Vear bill. This is the law as it is now.

HB 5496 would exempt other states LEOs from the need to have a CPL while carrying in Michigan.

Here's what the bill would add:

Sec. 12a. The requirements of this act for obtaining a
license to carry a concealed pistol do not apply to any of the
following:
(a) A peace officer of a duly authorized police agency of the
United States or of this state or another state, or of a
political subdivision of this state or another state, who is
regularly employed and paid by the United States or this state or
another state or a political subdivision of this state or another
state, except a township constable.

Do we want out-of-state LEOs who do NOT have a CPL to have the same right to carry without a CPL as Michigan LEOs currently have? THAT is the issue raised by this bill.

Rob
02-20-2004, 11:55 AM
Yes I have issues with what you point out Jim, but also and I may still be wrong I have to reread the Vear bill but it states only from home to business etc.... I thought that wording was gone or was more open than what it states.... As written it would be illegal to go target shoot because it is not covered in the wording that is there.

Jim Simmons
02-20-2004, 12:19 PM
Go to the legislature's website, http://michiganlegislature.org/, and search 28.432a. Subsection (h) is the law right now.

More importantly, it doesn't change the relevant portion of the Penal Code, 750.231a(d) and (e) -- which discusss carrying a pistol in a car for a "lawful purpose." That's your to and from range language.

Rob
02-20-2004, 12:25 PM
Thank you Jim, thats exactly what I was wanting to know.

Jim Simmons
02-20-2004, 01:41 PM
Always glad to help. :D

You'll get my bill in the morning. :wink: