HB 4434 of 2019
Weapons; licensing; penalty for failure to comply with certain licensing requirements; modify. Amends sec. 227 of 1931 PA 328 (MCL 750.227).
Last Action: 4/10/2019 bill electronically reproduced 04/09/2019
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HB 4434 of 2019
Weapons; licensing; penalty for failure to comply with certain licensing requirements; modify. Amends sec. 227 of 1931 PA 328 (MCL 750.227).
Last Action: 4/10/2019 bill electronically reproduced 04/09/2019
This bill would remove the felony penalty for carrying concealed with an expired CPL, making it a $330 Civil Infraction fine IF both:
- The CPL is expired for less than 1 year
- The individual is eligible for renewal
Beyond the above, if the individual applies for and receives a renewal license within 60 BUSINESS days after the "violation", the $330 CI fine does NOT apply.
This bill certainly provides needed relief from those that carry on a routine basis yet overlooked that their CPL had expired. Currently, they are subject to Felony charges.
HB 4434 of 2019
Weapons; licensing; penalty for failure to comply with certain licensing requirements; modify. Amends sec. 227 of 1931 PA 328 (MCL 750.227).
Last Action: 4/29/2019 Analysis File Added
http://www.legislature.mi.gov/docume...4-D43ED033.pdf
I will be testifying along with several of my clients.
If this were to pass, would those that have been convicted under the current law, but would have met the provisions of the modified law, be eligible for some relief from the felony conviction(s)?Quote:
Originally Posted by Shyster
Not as currently written, no.Quote:
Originally Posted by PhotoTom
Representative Matt Hall's Press Release
Quote:
Tuesday, April 30, 2019
House Panel Exploring Lesser Penalties For Expired CPL
Those with expired concealed pistol licenses would face lesser penalties and those carrying a loaded long gun in a vehicle on their property would face no penalties under legislation before the House Military, Veterans and Homeland Security Committee.
Current law provides a five-year felony for carrying a concealed pistol with an expired license, a penalty supporters of HB 4434 said is excessive.
Rep. Beau LaFave (R-Iron Mountain), sponsor of HB 4331, said there should not be a penalty for carrying a long gun loaded on a vehicle on private property.
Supporters of HB 4434, including sponsor Rep. Matt Hall(R-Emmett Township), related stories of several people who faced the felony charges for carrying with an expired permit, usually resulting from a traffic stop where the driver disclosed having a permit and a firearm, then discovered it was expired.
James Makowski, counsel for Michigan Gun Owners and a defense attorney who regularly handles expired CPL cases, said most counties will allow the person to plead to a misdemeanor but Washtenaw County held at least one of his clients to the felony.
Joel Fulton with Calhoun County Gun Owners said many officers in his county will allow the person to unload and store the firearm rather than charge them. "That's not equality under the law," he said.
To arguments that CPL holders are notified that their license is expiring, Mr. Makowski said not all receive, or see, that notice. "The county clerk sends out that notice to the address that was on file," he said. "They do not track address changes like they do for driver's licenses."
Under the bill, anyone carrying with an expired CPL would be given a civil infraction with a $300 fine, Mr. Hall said. The fine would be waived as long as the person renews the CPL within 60 days.
The Department of State Police raised concerns, though, that a civil infraction was not sufficient penalty for carrying on an expired license.
"When it comes to potentially deadly weapons, we maybe need to put more emphasis on that," Chris Gerard, legislative liaison for the department, said. "Now you have situations where you have driving offenses that are going to carry a bigger penalty than weapons offenses (under the bill)."
Mr. Gerard indicated the department had not taken a position on the potential prison time under the current law. "We don't want people to get lazy on that," he said of renewals.
Rep. Tyrone Carter (D-Detroit) said he was concerned that there were not penalty enhancements for multiple infractions. "People get lazy, too, and I don't want them to get two bites at the apple," he said.
Rep. Mari Manoogian (D-Birmingham) suggested increasing the penalty for longer delays in renewing the license.
Mr. LaFave had raised his carry legislation last session but was not able to get it further than a committee hearing.
"On my own property, it's no business of the government how I'm transporting those firearms," he said.
He noted that current law allows carrying a loaded pistol in a vehicle on one's own property. "The risks of carrying long gun on or in a vehicle are substantially less than a pistol," he said.
He said there are also risks with unloading and reloading a firearm, which is required under current law to transport a long gun.
The bill saw support from firearms groups and no opposition.
Mr. LaFave did not indicate when either bill would come up for votes.
Chris Gerard should change his name to Dick.
The MSP shouldn't have a legislative liaison.