Sent this out to SAFR members, but thought I'd post it here, too, if anyone is interested.
SAFR Legislative Update
September 30, 2006
Passed into law:
P.A. 262 of 2005 (H. B. 4186) Rep. Torry Rocca establishes that when a person renews
an expiring concealed pistol license (CPL), the starting date of the renewed license will
be set 5 years after the expiration date of the old one. It also codifies that a person may
reapply up to one year before their expiration date.
Public Act 75 of 2006 (HB 4642)
Rep. Rick Jones on April 20, 2005, to allow an individual to carry, possess, use, or
transport a pistol belonging to another individual, if the other individual's pistol were
properly licensed and inspected, and the individual carrying or transporting the pistol had
obtained a license to carry a concealed pistol.
Public Act 92 of 2006 (HB 4643)
Rep. Rick Jones Requires a county concealed pistol licensing board to approve or deny
a concealed pistol license (CPL) license renewal application within 60 days of its
submission, and if they do not, extend the original license by 180 days, or until the
renewal application is approved or denied.
The bill requires a person carrying a concealed pistol after the license expires to have the
receipt for the license renewal application in his or her possession.
Public Act 184 of 2006 (HB 4977)
Rep. Dave Hildenbrand to revise the expiration date of concealed pistol licenses (CPL)
so that they are the same as individual's date of birth. Specifically, the license would
expire on the first birthday that occurs starting five years after the date the license is
issued.
Public Act 280 of 2006 (HB 5192)
Rep. Scott Hummel to reduce the minimum age for a deer, bear, or elk firearm hunting
license from 14 to 12. Also, reduces the minimum age to hunt small game from 12 to 10.
Public Act 282 of 2006 (SB 1105)
Sen. Michelle McManus to authorize an "apprentice" hunting license for a person who
has not hunted before or taken a hunter safety class. An "apprentice" would have to he
accompanied in the field by an adult with a regular hunting license.
Public Act 309 of 2006 (HB 5143)
Rep. Rick Jones, to create a new law establishing that a person who uses deadly force
for self defense in his or her home, contiguous private property or occupied vehicle need
not first flee from a threatening attacker, and that a person who unlawfully and forcibly
enters one of these is presumed is to be doing so with the intent to commit an unlawful
act involving force or violence, with certain minor exceptions. This would place the
“home is my castle” doctrine in statute. Also, to establish that a law-abiding person who
is attacked in any other place where he or she has a right to be, has no duty to retreat, and
can “stand his or her ground” and meet force with force, including deadly force if
necessary to prevent death or great bodily harm.
Public Act 310 of 2006 (HB 5153)
Rep. Leslie Mortimer, to create a new law establishing that a person who uses deadly
force for self defense in his or her home, contiguous private property or occupied vehicle
need not first flee from a threatening attacker, and that a person who unlawfully and
forcibly enters one of these is presumed is to be doing so with the intent to commit an
unlawful act involving force or violence, with certain minor exceptions. This would place
the “home is my castle” doctrine in statute. Also, to establish that a law-abiding person
who is attacked in a place where he or she has a right to be has no duty to retreat, and can
“stand his or her ground” and meet force with force, including deadly force if necessary
to prevent death or great bodily harm.
Presented to the Governor July 6th
Public Act 311 of 2006 (SB 1046)
Sen. Alan L. Cropsey, to create a new law establishing that a person who uses deadly
force for self defense in his or her home, contiguous private property or occupied vehicle
need not first flee from a threatening attacker, and that a person who unlawfully and
forcibly enters one of these is presumed is to be doing so with the intent to commit an
unlawful act involving force or violence, with certain minor exceptions. This would place
the “home is my castle” doctrine in statute. Also, to establish that a law-abiding person
who is attacked in a place where he or she has a right to be has no duty to retreat, and can
“stand his or her ground” and meet force with force, including deadly force if necessary
to prevent death or great bodily harm
Public Act 313 of 2006 (HB 5142)
Rep. Tom Casperson, to establish in law that a person who uses deadly force for self
defense in his or her home or contiguous private property need not first flee from a
threatening attacker.
Public Act 350 of 2006 (HB 5217)
Rep. Scott Hummel to prohibit a Concealed Pistol License (CPL) board from disclosing
the names and addresses of CPL applicants, and exempt this information from disclosure
under the Freedom of Information Act (FOIA), except for law enforcement purposes.
Also, to clarify that an applicant may be furnished a copy of his or her application.
HB 5408
Rep. Tim Moore, to eliminate the requirement to obtain a hunting license to transport
firearms and bows, if they are locked in the trunk of a vehicle. Under current law, a
citation may be issued if a long rifle or bow is transported through an area populated by
wild game and the owner does not have a hunting license.
Presented to the Governor on Sept. 26, awaiting her expected signature.
Informal AG Opinion on Pistol Purchase Permit fees
*Pending Legislation
HB 4042, Introduced by Rep. Fulton Sheen *on January 27, 2005, to eliminate the fingerprinting requirement for those renewing an existing concealed pistol license (CPL).
Referred to the House Judiciary Committee.
Reported in the House on June 28, 2006, with the recommendation that the substitute (H-
2) be adopted and that the bill then pass.
*
HB 4522 Introduced by Rep. Joel Sheltrown *on March 17, 2005, to exempt honorably discharged veterans from the state’s Concealed Pistol Permit
(CPL) safety training
requirement. Reported in the House on June 23, 2005, without amendment and with the
recommendation that the bill pass.
Amendment offered by Rep. Joel Sheltrown on December 8, 2005, to also exempt current
and former peace officers from the state’s Concealed Pistol Permit (CPL) safety training
requirement. The amendment passed in the House by voice vote on December 8, 2005.
Amendment offered by Rep. John Stakoe on December 8, 2005, to limit the exemption to
armed forces veterans who completed pistol training in the military. The amendment
passed in the House by voice vote on December 8, 2005.
Amendment offered by Rep. Scott Hummel on December 13, 2005, to require that to be
exempt military veterans must certify to a three hour review of Michigan law in this area
and related subjects, and put in at least one hour of range time in the preceding six
months. The amendment passed in the House by voice vote on December 13, 2005.
Passed in the House (105 to 0) on December 13, 2005, to exempt current and former
peace officers, and honorably discharged veterans who have had pistol training from the
state’s Concealed Pistol Permit (CPL) safety training requirement.
Received in the Senate on January 11, 2006.
Referred to the Senate Judiciary Committee on January 11, 2006.
Status:Stalled
SAFR opposed this Bill as introduced and participated in crafting its current language.
We now support the version passed by the House.
*
HB 4654 Introduced by Rep. Tom Casperson *on April 21, 2005, to establish in law that a person who uses deadly force for self defense in his or her home or contiguous private
property need not first flee from a threatening attacker.
Referred to the House Judiciary Committee
Replaced with Castle Doctrine package.
*
HB 4694 Introduced by Rep. Leon Drolet *on April 28, 2005, to allow state workers with concealed pistol permits (CPLs) to carry a concealed firearm when doing off-site
inspections on private property as part of their duties. Under current law, CPL holders
doing inspections for the state (such as Family Independence Agency workers making
home visits) are not permitted to carry while on duty. Bill has had an amendment offered
that will allow any employee of a unit of government to carry on the job.
Referred to the House Conservation, Forestry, and Outdoor Recreation Committee
Status:Stalled
*
HB 5246 Introduced by Rep. Rick Baxter *on September 29, 2005, to establish that local law enforcement agencies must establish official firearms training and qualification
standards for active law enforcement officers, and that these will be the state-recognized
standard for purposes of a federal law permitting concealed carry by qualified retired
officers.
Referred to the House Judiciary Committee.
Status:Stalled
*
House Bill 5746 (Prohibit job discrimination on basis of firearms ownership Introduced by Rep. Joel Sheltrown on February 23, 2006, to prohibit an employer from
failing to hire a person or discriminating in any way on the basis of the person's
ownership of a firearm or possession of a concealed pistol license (CPL). This would not
prohibit an employer from having rules related firearms at the place of employment.
Referred to the House Employment Relations, Training and Safety Committee on
February 23, 2006.
Status: Stalled with little chance of passage this year.
**
SB 375 Introduced by Sen. Michelle McManus *on April 13, 2005, to eliminate county concealed weapon licensing boards, and transfer the responsibility for issuing concealed
pistol license (CPL) licenses to the Secretary of State.
Referred to the Senate Government Operations Committee
Status: Dead for this Session
*
SB 580 Introduced by Sen. Michelle McManus on June 14, 2005, to prohibit an insurance company from excluding coverage in a homeowners insurance policy for
injuries resulting from an act committed by a homeowner in self-defense, and establish
that self-defense is an exception to any “intentional acts” exclusion in a policy. Under the
bill, an inflicting an injury in self-defense could not be considered an “expected” or
“intended” act. In the 1990s, the Michigan Supreme Court ruled that a homeowner who
had injured an intruder in self-defense had committed an “intentional” act, and so was not
covered by his insurance.
Referred to the Senate Banking and Financial Institutions Committee
Status: No sign of movement
**
SB 688 Introduced by Sen. Michael Prusi *on August 31, 2005, to extend the expiration of a concealed pistol license (CPL) for those who apply for a renewal at least 60 days
before the expiration date, if the CPL board has not renewed the license before that date.
5
The person would have to request the extension, which would remain in effect until the
renewal application is approved or denied. The renewal application receipt would become
a part of the license in the meantime.
Referred to the Senate Judiciary Committee
Status: HB 4643 deals with this issue.
*
2006 Senate Bill 1025 (Prohibit job discrimination on basis of firearms ownership ) Introduced by Sen. Jim Barcia on February 2, 2006, to prohibit an employer from failing
to hire a person or discriminating in any way on the basis of the person's ownership of a
firearm or possession of a concealed pistol license (CPL). This would not prohibit an
employer from having rules related firearms at the place of employment.
**
Legislation that has been opposed by SAFR this Session:
**
Passed into law:
Public Act 242 of 2005 (was HB 4978) Introduced by Rep. Dave Hildenbrand *on June 21, 2005, to prohibit issuing a concealed pistol license (CPL) unless the issuing agency
has determined that the individual is not barred under federal law from possessing or
transporting a firearm, and is not an illegal alien.
This Bill had the unexpected result of allowing a Michigan CPL issued after November
2005 to substitute for a NICS check.
*
Public Act 303 of 2005 (was HB 5270) Introduced by Rep. Rick Jones on October 6, 2005, to clarify that provisions prohibiting intentionally aiming a firearm or discharging
the firearm at another person, but without malice, does not apply to peace officers when
done in the performance of their duties as peace officers. The bill would also define
"peace officer," and would make discharging a firearm (whether or not the other person
sustained injuries) punishable by both a fine and imprisonment, instead of one or the
other. Bill was clarified to allow for self defense.
**
Public Act 401 of 2006 (was HB 4861) (Revise law enforcement pepper spray statute ) Introduced by Rep. Richard J. Ball *to allow law enforcement officials specifically authorized in writing by the police chief or sheriff to use pepper spray containing 10
percent of the active ingredient (oleoresin capsicum). Current law prohibits citizens from
possessing pepper spray stronger than two percent. Also, to add references to pepper
foam devices to the current law on pepper spray.
*
Pending Legislation
HB 4092 Introduced by Rep. Virgil Smith*, Jr. on February 1, 2005, to ban the sale and possession of “a sharp-edged multibladed device with blades capable of being locked into
place for use as a weapon.
Status: Dead for good this session after a brief revival.
6
*HB 4653 Introduced by Rep. LaMar Lemmons III *on April 21, 2005, to require sellers to register pistol sales with the state police.
Referred to the House Judiciary Committee
Status: Likely dead for this Session
*HB 4845 Introduced by Rep. Barb Vander Veen *on May 31, 2005, to prohibit altering an imitation firearm in a way that makes it look more like a real gun (for example,
removing the orange parts from certain toy guns), subject to a $500 fine and up to 90
days in jail. Also, to prohibit using an imitation firearm to intimidate, threaten or harm
another individual, subject to a $5,000 fine and up to four years in prison.
Referred to the House Judiciary Committee.
Status: Stalled
*
HB 4961 Introduced by Rep. Herb Kehrl *on June 16, 2005, to increase from two years in prison to 10 years the penalty for committing a felony while carrying a firearm.
Referred to the House Judiciary Committee.
Status: Stalled but will be carefully watched.
*
HB 4212 Introduced by Rep. Bruce Caswell *on February 8, 2005, Require hunter back tags to require hunters to in the field to wear a back tag issued by the Department of
Natural Resources that contains the hunting license number.
Referred to the House Conservation, Forestry, and Outdoor Recreation Committee
Status: Stalled
*
HB 4650 Introduced by Rep. LaMar Lemmons III *on April 21, 2005, to explicitly define as a crime purchasing or attempting to purchase a firearm with the intent of
furnishing the firearm to a minor or any other individual prohibited from having a
firearm, and establish penalties. Note: “Straw-man” gun purchases in which the buyer of
record is actually acquiring the firearm for another are already prohibited. This bill adds
provisions regarding minors and ineligible buyers.
Referred to the House Judiciary Committee
Status: Stalled
*
HB 5350 Introduced by Rep. Steve Bieda *on October 20, 2005, to repeal the law authorizing the hunting of English sparrows.
Referred to the House Conservation, Forestry, and Outdoor Recreation Committee
Status: Likely dead for this session.
*HB 5435 Introduced by Rep. Rick Jones on November 22, 2005, to add jail employees who have had the proper training to the list of those not prohibited from possessing
“tasers” or similar electrical incapacitation devices. Under current law these devices are
banned for civilians, but peace officers, court officers, licensed private investigators and
airplane pilots can have them.
Passed in the House (106 to 0) on September 13, 2006, to add jail employees who have
had the proper training, and private security police officers certified by the Michigan
Commission on Law Enforcement Standards, to the list of those not prohibited from
possessing “tasers” or similar electrical incapacitation devices. Under current law these
devices are banned for civilians, but peace officers, court officers, licensed private
investigators and airplane pilots can have them.
Received in the Senate on September 14, 2006.
Referred to the Senate Judiciary Committee on September 14, 2006.
SAFR has agreed to remain neutral on this Bill with the understanding that legislation
will be introduced next Session which will allow CPL holders to possess and use Tazer
type devices.
*
*
HB 5406 Introduced by Rep. Daniel Acciavatti *on November 8, 2005, to expand the exceptions to carrying a concealed weapon in “safe zones” to exempt certain off-duty law
enforcement persons from this restriction.
Referred to the House Judiciary Committee.
Status: No movement but will be carefully watched.
*
HB 5902 (Revise pepper spray restrictions )
Introduced by Rep. Dave Hildenbrand *on March 21, 2006, to allow private security guards and licensed private investigators to use pepper spray with a 10 percent oleoresin
capsicum concentration. Under current law private citizens can use 2 percent pepper
spray in defense of their own property.
Status: Appears dead for this Session.
*HB 6394 Introduced by Rep. Rick Jones on September 5, 2006, to allow authorized local and county jail guards to carry a concealed pistol while on duty or while going to and
from their duties.
Referred to the House Judiciary Committee on September 5, 2006.
SB 24 Introduced by Sen. Martha G. Scott *on January 12, 2005, to prohibit storing or leaving a loaded firearm within reach or access of a minor under certain circumstances. .
Referred to the Senate Judiciary Committee
Status: Stalled
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