Michigan Legislative Update


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Barbara
July 19, 2006, 10:46 PM
Thought I'd pass this along.

SAFR Legislative Update
July 17, 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 on June 21, 2005, 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.

Informal AG opinion on Pistol Purchases now listed on SAFR Site.


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


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
Stalled and replaced.


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



Castle Doctrine

HB 5142 Introduced by Rep. Tom Casperson on September 7, 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.
Presented to the Governor July 6th



HB 5143 Introduced by Rep. Rick Jones on September 7, 2005, 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.
Presented to the Governor July 6th


HB 5153 Introduced by Rep. Leslie Mortimer on September 8, 2005, 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

HB 5217 Introduced by Rep. Scott Hummel on September 22, 2005, 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.
Passed House 104-0
Passed in the Senate 32-5
Sent back to House for concurrence with Senate version on June 13, 2006




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

HB 5408 Introduced by Rep. Tim Moore on November 8, 2005, 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.
Passed in the House (106 to 0) on March 28, 2006.
Received in the Senate on March 29, 2006.
Referred to the Senate Natural Resources & Environmental Affairs Committee on March 29, 2006.

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.


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. 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 and has passed both bodies and in on the Governor’s desk.

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.

Anti Self Defense Legislation Introduced:

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. . Signed by Gov. Jennifer Granholm on November 22, 2005.

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.

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. Referred to the House Judiciary Committee.
Status: Dead for this Session after brief resurrection

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 4861 (Revise law enforcement pepper spray statute )
Introduced by Rep. Richard J. Ball on June 2, 2005, 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.
Passed in the House (106 to 0) on June 22, 2006.
Received in the Senate on June 27, 2006.
Status: Unable to convince Sponsor to modify. Will attempt to kill on Senate side.

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 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 police 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: Currently working to amend language to include CPL holders

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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creitzel
July 20, 2006, 12:28 AM
Thanks Barbara :)

beerslurpy
July 20, 2006, 01:49 AM
I only skimmed but it looks like you had a good week. Congrats.

Barbara
July 20, 2006, 06:35 AM
This was this year. It's just kind of a run down. :)

I wish it was this year!

I wish we could just get a signature on Castle Doctrine.

Henry Bowman
July 20, 2006, 09:20 AM
Is anybody working to repeal the whole handgun registration scheme in MI? Or is it so engrained for several generations that no one can imagine life without it? Not criticizing; just asking.

creitzel
July 20, 2006, 11:16 AM
Is anybody working to repeal the whole handgun registration scheme in MI? Or is it so engrained for several generations that no one can imagine life without it? Not criticizing; just asking.

I'm not aware of anyone trying to get rid of the registration system, but I'd definitely be in favor of it, and would support it. I think it's pretty well ingrained with our LEO's though, and would probably face a long uphill battle.


So does anyone know what is going on with the Castle Doctrine bills? She received them on the 6th, and only has 2 weeks (which expires today right?) to either sign or veto them, or they become law. I haven't heard anything about them at all.


Chris

Barbara
July 20, 2006, 12:10 PM
She signed them this morning.

Barbara
July 20, 2006, 12:11 PM
Unfortunately, there's not a lot of support for, and a lot of opposition to, removing the registration. Not impossible to do, but difficult.

One of Many
July 20, 2006, 12:25 PM
Public Act 184 of 2006 (HB 4977)
Rep. Dave Hildenbrand on June 21, 2005, 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.

This summary is incorrect. The FIRST renewal will be for a term BETWEEN 4 and 5 years, never exceeding a duration of 5 years. Subsequent renewals will run exactly 5 years (DoB to DoB).

creitzel
July 20, 2006, 12:38 PM
Thanks again Barbara for the update about the castle doctrine bills. :)

FJC
July 20, 2006, 01:29 PM
Quote:
Public Act 184 of 2006 (HB 4977)
Rep. Dave Hildenbrand on June 21, 2005, 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.


This summary is incorrect. The FIRST renewal will be for a term BETWEEN 4 and 5 years, never exceeding a duration of 5 years. Subsequent renewals will run exactly 5 years (DoB to DoB).

When did this go into effect? I received my renewed CPL in February 2006...it expires in February 2011 despite my birthday being in July...

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