Bill Text: MI HB4239 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Natural resources; hunting; hunting from a personal assistive mobility device; allow, and require a crossbow carried in a vehicle to be unstrung, enclosed in a case, or carried in the trunk of that vehicle. Amends sec. 40111 of 1994 PA 451 (MCL 324.40111).
Spectrum: Moderate Partisan Bill (Democrat 11-2)
Status: (Passed) 2015-12-01 - Assigned Pa 185'15 With Immediate Effect [HB4239 Detail]
Download: Michigan-2015-HB4239-Introduced.html
HOUSE BILL No. 4239
February 25, 2015, Introduced by Reps. Smiley, Dianda, Cochran, Bumstead, Brunner, Phelps, Kivela, LaFontaine, Faris, Schor, Neeley, Clemente and Kosowski and referred to the Committee on Tourism and Outdoor Recreation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 40111 (MCL 324.40111), as amended by 2012 PA
340.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 40111. (1) Except as otherwise provided in subsection
(3), or
(4), or (5), this part, or in a department order authorized
under section 40107, an individual shall not take an animal from in
or upon a vehicle.
(2)
Except as otherwise provided in subsection (3), or (4), or
(5), this part, or in a department order authorized under section
40107, an individual shall not transport or possess a firearm in or
upon a vehicle, unless the firearm is unloaded in both barrel and
magazine and enclosed in a case, carried in the trunk of a vehicle,
or unloaded in a motorized boat.
(3) A person with a disability may transport or possess a
firearm in or upon a vehicle, except for a car or truck, on a state
licensed game bird hunting preserve if the firearm is unloaded and
the vehicle is operated at a speed of not greater than 10 miles per
hour. A person with a disability may possess a loaded firearm and
may discharge that firearm to take an animal from in or upon a
vehicle, except for a car or truck, on a state licensed game bird
hunting preserve if the vehicle is not moving. The department may
demand proof of eligibility under this subsection. An individual
shall possess proof of his or her eligibility under this subsection
and furnish the proof upon the request of a peace officer.
(4) An individual may transport or possess an unloaded firearm
in or upon a vehicle on a sporting clays range.
(5) An individual holding a valid permit to hunt from a
standing vehicle under section 40114 may transport or possess an
uncased firearm with a loaded magazine on a personal assistive
mobility device if the action is open. An individual holding a
valid permit to hunt from a standing vehicle under section 40114
may possess a loaded firearm and may discharge that firearm to take
game from a personal assistive mobility device if each of the
following applies:
(a) The personal assistive mobility device is not moving.
(b) The individual holds a valid base license under section
43523a, holds any other necessary license under part 435, and
complies with all other laws and rules for the taking of game.
(6) (5)
Except as otherwise provided in
this part, an
individual shall not transport or possess a bow in or upon a
vehicle, unless the bow is unstrung, enclosed in a case, or carried
in the trunk of a vehicle.
(7) (6)
An individual shall not hunt or
discharge a firearm
within 150 yards of an occupied building, dwelling, house,
residence, or cabin, or any barn or other building used in
connection with a farm operation, without obtaining the written
permission of the owner, renter, or occupant of the property.
(8) (7)
As used in this section:
(a) "Person with a disability" means a disabled person as that
term is defined in section 19a of the Michigan vehicle code, 1949
PA 300, MCL 257.19a, and who is in possession of 1 of the
following:
(i) A certificate of identification or windshield placard
issued to a disabled person under section 675 of the Michigan
vehicle code, 1949 PA 300, MCL 257.675.
(ii) A special registration plate issued to a disabled person
under section 803d of the Michigan vehicle code, 1949 PA 300, MCL
257.803d.
(b) "Personal assistive mobility device" means any device,
including, but not limited to, one that is battery-powered, that is
designed solely for use by an individual with mobility impairment
for locomotion and is considered an extension of the individual.
(c) (b)
"Unloaded" means, for a
break-action firearm, that the
action is open with the breech exposed, whether or not the breech
contains a shell. Unloaded means, for a non-break-action firearm,
that the barrel of the firearm does not contain a shell.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
