Bill Text: MI HB4098 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Weapons; concealed; teachers, administrators, and employees to carry concealed pistols in school and on school property under certain circumstances; allow. Amends sec. 5o of 1927 PA 372 (MCL 28.425o).

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced - Dead) 2013-01-29 - Printed Bill Filed 01/25/2013 [HB4098 Detail]

Download: Michigan-2013-HB4098-Introduced.html

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HOUSE BILL No. 4098

 

January 24, 2013, Introduced by Reps. MacMaster, Genetski, Rogers, McMillin, Somerville, Daley, Kurtz, Kelly and Johnson and referred to the Committee on Education.

 

     A bill to amend 1927 PA 372, entitled

 

"An act to regulate and license the selling, purchasing,

possessing, and carrying of certain firearms, gas ejecting devices,

and electro-muscular disruption devices; to prohibit the buying,

selling, or carrying of certain firearms, gas ejecting devices, and

electro-muscular disruption devices without a license or other

authorization; to provide for the forfeiture of firearms and

electro-muscular disruption devices 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 5o (MCL 28.425o), as amended by 2012 PA 123.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5o. (1) Subject to subsection (5), an individual licensed

 

under this act to carry a concealed pistol, or who is exempt from

 

licensure under section 12a(1)(f), 12a(1)(h), shall not carry a

 

concealed pistol on the premises of any of the following:

 

     (a) A school or school property except that a as follows:

 

     (i) A teacher, administrator, or other employee of a school is

 

not precluded from carrying a concealed pistol in that school or on

 

that school property if the chief executive officer of the school

 

has authorized that individual to carry a concealed pistol in that

 

school or on that school property. The chief executive officer

 

shall condition his or her approval upon the requirement that the

 

teacher, administrator, or other employee successfully complete

 

training considered appropriate by the chief executive officer. The

 

training may be in addition to the training required under section

 

5j. If an individual authorized to carry a concealed pistol under

 

this subparagraph does not carry the pistol on his or her person,

 

that pistol shall be placed in a container that is securely locked

 

to prevent anyone other than that individual from gaining

 

unauthorized access to that pistol.

 

     (ii) A parent or legal guardian of a student of the school is

 

not precluded from lawfully carrying a concealed pistol while in a

 

vehicle on school property, if he or she is dropping the student

 

off at the school or picking up the child student from the school.

 

As used in this section, "school" and "school property" mean those

 

terms as defined in section 237a of the Michigan penal code, 1931

 

PA 328, MCL 750.237a.

 

     (b) A public or private child care center or day care center,

 

public or private child caring institution, or public or private

 

child placing agency.

 

     (c) A sports arena or stadium.

 

     (d) A bar or tavern licensed under the Michigan liquor control

 

code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, where the

 

primary source of income of the business is the sale of alcoholic

 

liquor by the glass and consumed on the premises. This subdivision

 

does not apply to an owner or employee of the business. The

 

Michigan liquor control commission shall develop and make available

 

to holders of licenses under the Michigan liquor control code of

 

1998, 1998 PA 58, MCL 436.1101 to 436.2303, an appropriate sign

 

stating that "This establishment prohibits patrons from carrying

 

concealed weapons". The owner or operator of an establishment

 

licensed under the Michigan liquor control code of 1998, 1998 PA

 

58, MCL 436.1101 to 436.2303, may, but is not required to, post the

 

sign developed under this subdivision. A record made available by

 

an establishment licensed under the Michigan liquor control code of

 

1998, 1998 PA 58, MCL 436.1101 to 436.2303, necessary to enforce

 

this subdivision is exempt from disclosure under the freedom of

 

information act, 1976 PA 442, MCL 15.231 to 15.246.

 

     (e) Any property or facility owned or operated by a church,

 

synagogue, mosque, temple, or other place of worship, unless the

 

presiding official or officials of the church, synagogue, mosque,

 

temple, or other place of worship permit the carrying of concealed

 

pistol on that property or facility.

 

     (f) An entertainment facility with a seating capacity of 2,500

 

or more individuals that the individual knows or should know has a

 

seating capacity of 2,500 or more individuals or that has a sign

 

above each public entrance stating in letters not less than 1-inch

 

high a seating capacity of 2,500 or more individuals.

 

     (g) A hospital.

 

     (h) A dormitory or classroom of a community college, college,

 

or university.

 

     (2) Subject to subsection (5), an individual shall not carry a

 

portable device that uses electro-muscular disruption technology on

 

any of the premises described in subsection (1).

 

     (3) An individual licensed under this act to carry a concealed

 

pistol, or who is exempt from licensure under section 12a(1)(f),

 

12a(1)(h), shall not carry a concealed pistol in violation of R

 

432.1212 or a successor rule of the Michigan administrative code

 

promulgated under the Michigan gaming control and revenue act, 1996

 

IL 1, MCL 432.201 to 432.226.

 

     (4) As used in subsection (1), "premises" does not include

 

parking areas of the places identified under subsection (1).

 

     (5) Subsections (1) and (2) do not apply to any of the

 

following:

 

     (a) An individual licensed under this act who is a retired

 

police officer or retired law enforcement officer. The concealed

 

weapon licensing board may require a letter from the law

 

enforcement agency stating that the retired police officer or law

 

enforcement officer retired in good standing.

 

     (b) An individual who is licensed under this act and who is

 

employed or contracted by an entity described under subsection (1)

 

to provide security services and is required by his or her employer

 

or the terms of a contract to carry a concealed firearm on the

 

premises of the employing or contracting entity.

 

     (c) An individual who is licensed as a private investigator or

 

private detective under the professional investigator licensure

 

act, 1965 PA 285, MCL 338.821 to 338.851.

 

     (d) An individual who is licensed under this act and who is a

 

corrections officer of a county sheriff's department.

 

     (e) An individual who is licensed under this act and who is a

 

motor carrier officer or capitol security officer of the department

 

of state police.

 

     (f) An individual who is licensed under this act and who is a

 

member of a sheriff's posse.

 

     (g) An individual who is licensed under this act and who is an

 

auxiliary officer or reserve officer of a police or sheriff's

 

department.

 

     (h) An individual who is licensed under this act and who is a

 

parole or probation officer of the department of corrections.

 

     (i) A state court judge or state court retired judge who is

 

licensed under this act. The concealed weapon licensing board may

 

require a state court retired judge to obtain and carry a letter

 

from the judicial tenure commission stating that the state court

 

retired judge is in good standing as authorized under section 30 of

 

article VI of the state constitution of 1963, and rules promulgated

 

under that section, in order to qualify under this subdivision.

 

     (j) An individual who is licensed under this act and who is a

 

court officer.

 

     (6) An individual who violates this section is responsible for

 

a state civil infraction or guilty of a crime as follows:

 

     (a) Except as provided in subdivisions (b) and (c), the

 

individual is responsible for a state civil infraction and may be

 

fined not more than $500.00. The court shall order the individual's

 

license to carry a concealed pistol suspended for 6 months.

 

     (b) For a second violation, the individual is guilty of a

 

misdemeanor punishable by a fine of not more than $1,000.00. The

 

court shall order the individual's license to carry a concealed

 

pistol revoked.

 

     (c) For a third or subsequent violation, the individual is

 

guilty of a felony punishable by imprisonment for not more than 4

 

years or a fine of not more than $5,000.00, or both. The court

 

shall order the individual's license to carry a concealed pistol

 

revoked.