HB 4076 repealed definition

[Tallbear]

HB 4076 of 2015
Weapons; firearms; reference to certain repealed definition in the penal code; eliminate. Amends sec. 2 of 1927 PA 372 (MCL 28.422).
Last Action: 1/27/2015 referred to Committee on Judiciary

[bigt8261]

Just some housekeeping after the lawful purposes list was removed a few years ago.

HB 4076 is a restart of HB 5748 from last session which ran out of time and died on the Senate floor.

[ninjatoth]

This bill kind of confuses me. It's more or less taking away the old "purchase permit" and replacing it with a "license to purchase, carry, possess, or transport pistol". Would this be some way of addressing constitutional carry to some degree, or open carriers or what?

[bigt8261]

This bill kind of confuses me. It's more or less taking away the old "purchase permit" and replacing it with a "license to purchase, carry, possess, or transport pistol". Would this be some way of addressing constitutional carry to some degree, or open carriers or what?

I don't think you are reading the right bill. The only thing HB 4076 '15 does is strike out the reference to "lawful purpose" as defined in MCL 750.231a. The enumerated list was eliminated in 2012 IIRC, so the reference no longer means anything.

[ninjatoth]

I'm not knowledgeable on the original 1927 law and everything amended in it so that's why I jumped to conclusions, all I know was we used to have to get purchase permits and I keep reading language in this proposal that keeps listing "license to purchase, carry, possess, or transport pistol". I wish things were written more plainly in Michigan law.

[bigt8261]

When reading a bill that amends an existing Act, language that is added will be CAPITALIZED AND BOLD. All language that is eliminate is struck out.

For a bill that creates a new law, the font is all normal.

[Roundballer]

I'm not knowledgeable on the original 1927 law and everything amended in it so that's why I jumped to conclusions, all I know was we used to have to get purchase permits and I keep reading language in this proposal that keeps listing "license to purchase, carry, possess, or transport pistol". I wish things were written more plainly in Michigan law.

Much of it is very plainly written. A lot of the confusion come from the convoluted way that it is organized.

This bill: "A bill to amend 1927 PA 372. Which is "section 2 (MCL 28.422), as amended by 2014 PA 201".

The PA is "Public Act" and that is what it is called after it is passed. The Act numbers repeat some places, so you have to have the year with it. It is easier to follow if you ignore the Acts, and follow it by Chapter (28) and Section (422). The MCL is "Michigan Compiled Law" which is all of the Acts ordered into Chapters and Sections.

This amendment makes one small change. It strikes out a reference to a Section of law that was changed in 2012 by HB 5282 (PA 427 of 2012, see I can do it too). The referenced portion of law no longer has that definition in it.

This Bill:

(d) The individual possesses the pistol for a lawful purpose. as that term is defined in section 231a of the Michigan penal code, 1931 PA 328, MCL 750.231a.

HB 5282 of 2012 removed this:

(b) "Lawful purpose" includes the following:
(i) While en route to or from a hunting or target shooting area.
(ii) While transporting a pistol en route to or from his or her home or place of business and place of repair.
(iii) While moving goods from 1 place of abode or business to another place of abode or business.
(iv) While transporting a licensed pistol en route to or from a law enforcement agency or for the purpose of having a law
enforcement official take possession of the weapon.

It will now read in law that it is not prohibited to possess a pistol "for a lawful purpose", without anything that could be interpreted to limit that phrase.

[Tallbear]

DATE: Tuesday, February 10, 2015

TIME: 12:00 PM

PLACE: Room 521, House Office Building, Lansing, MI

AGENDA:
Testimony only:

HB 4076 (Rep. Rendon) Weapons; firearms; reference to certain repealed definition in the penal code; eliminate.

HB 4151 (Rep. Pettalia) Weapons; firearms; 1959 PA 186; repeal.

HB 4152 (Rep. Sheppard) Weapons; firearms; definition of firearm in MCL 8.3t; modify.

HB 4153 (Rep. Franz) Weapons; firearms; definition of firearm in MCL 752.841; modify.

HB 4154 (Rep. Brett Roberts) Weapons; firearms; definition of firearm in natural resources and environmental protection act; modify.

HB 4155 (Rep. Cole) Weapons; firearms; definition of firearm in the Michigan penal code; modify.

HB 4156 (Rep. Barrett) Weapons; firearms; definition of firearm in 1927 PA 372; modify.

HB 4159 (Rep. Johnson) Weapons; licensing; waiver for certain individuals to carry weapon in weapon-free zones; expand to include certain corrections, probation, and parole officers.

HB 4160 (Rep. Johnson) Weapons; other; brandishing a firearm; exempt certain actions.

HB 4161 (Rep. Hughes) Weapons; other; definition of brandish; provide for.

SB 34 (Sen. Green) Weapons; licensing; concealed pistol licensing boards; eliminate, and transfer duties to the department of state police and county clerks.

SB 35 (Sen. Green) Criminal procedure; sentencing guidelines; reference in sentencing guidelines; update.

[Tallbear]

HB 4076 of 2015
Weapons; firearms; reference to certain repealed definition in the penal code; eliminate. Amends sec. 2 of 1927 PA 372 (MCL 28.422).
Last Action: 2/9/2015 Analysis File Added

[Tallbear]

DATE: Tuesday, February 17, 2015

TIME: 12:00 PM

PLACE: Room 521, House Office Building, Lansing, MI

AGENDA:
HB 4159 (Rep. Johnson) Weapons; licensing; waiver for certain individuals to carry weapon in weapon-free zones; expand to include certain corrections, probation, and parole officers.

HB 4160 (Rep. Johnson) Weapons; other; brandishing a firearm; exempt certain actions.

HB 4161 (Rep. Hughes) Weapons; other; definition of brandish; provide for.

HB 4076 (Rep. Rendon) Weapons; firearms; reference to certain repealed definition in the penal code; eliminate.

HB 4151 (Rep. Pettalia) Weapons; firearms; 1959 PA 186; repeal.

HB 4152 (Rep. Sheppard) Weapons; firearms; definition of firearm in MCL 8.3t; modify.

HB 4153 (Rep. Franz) Weapons; firearms; definition of firearm in MCL 752.841; modify.

HB 4154 (Rep. Brett Roberts) Weapons; firearms; definition of firearm in natural resources and environmental protection act; modify.

HB 4155 (Rep. Cole) Weapons; firearms; definition of firearm in the Michigan penal code; modify.

HB 4156 (Rep. Barrett) Weapons; firearms; definition of firearm in 1927 PA 372; modify.

SB 34 (Sen. Green) Weapons; licensing; concealed pistol licensing boards; eliminate, and transfer duties to the department of state police and county clerks.

SB 35 (Sen. Green) Criminal procedure; sentencing guidelines; reference in sentencing guidelines; update.