HOUSE BILL No. 4565

 

May 7, 2015, Introduced by Reps. Dianda, Chirkun and Crawford and referred to the Committee on Judiciary.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending sections 227d, 231a, and 234f (MCL 750.227d, 750.231a,

 

and 750.234f), section 227d as added by 1981 PA 103, section 231a

 

as amended by 2012 PA 427, and section 234f as amended by 1996 PA

 

80.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 227d. (1) Except as otherwise permitted by law, a person

 

shall not transport or possess in or upon a motor vehicle or any

 

self-propelled vehicle designed for land travel a firearm, other

 

than a pistol, unless the firearm is unloaded. and is 1 or more of

 

the following:

 

     (a) Taken down.

 

     (b) Enclosed in a case.

 

     (c) Carried in the trunk of the vehicle.


     (d) Inaccessible from the interior of the vehicle.

 

     (2) A person who violates this section is guilty of a

 

misdemeanor, punishable by imprisonment for not more than 90 days,

 

or a fine of not more than $100.00, or both.

 

     Sec. 231a. (1) Subsection (2) of section 227 does not apply to

 

any of the following:

 

     (a) To a person holding a valid license to carry a pistol

 

concealed upon his or her person issued by his or her state of

 

residence except where the pistol is carried in nonconformance with

 

a restriction appearing on the license.

 

     (b) To the regular and ordinary transportation of pistols as

 

merchandise by an authorized agent of a person licensed to

 

manufacture firearms.

 

     (c) To a person carrying an antique firearm, completely

 

unloaded. in a closed case or container designed for the storage of

 

firearms in the trunk of a vehicle.

 

     (d) To a person while transporting a pistol for a lawful

 

purpose that is licensed by the owner or occupant of the motor

 

vehicle in compliance with section 2 of 1927 PA 372, MCL 28.422,

 

and the pistol is unloaded. in a closed case designed for the

 

storage of firearms in the trunk of the vehicle.

 

     (e) To a person while transporting a pistol for a lawful

 

purpose that is licensed by the owner or occupant of the motor

 

vehicle in compliance with section 2 of 1927 PA 372, MCL 28.422,

 

and the pistol is unloaded in a closed case designed for the

 

storage of firearms in a vehicle that does not have a trunk and is

 

not readily accessible to the occupants of the vehicle.


     (2) As used in this section, "antique firearm" means either of

 

the following:

 

     (i) A firearm not designed or redesigned for using rimfire or

 

conventional center fire ignition with fixed ammunition and

 

manufactured in or before 1898, including a matchlock, flintlock,

 

percussion cap, or similar type of ignition system or replica of

 

such a firearm, whether actually manufactured before or after 1898.

 

     (ii) A firearm using fixed ammunition manufactured in or

 

before 1898, for which ammunition is no longer manufactured in the

 

United States and is not readily available in the ordinary channels

 

of commercial trade.

 

     Sec. 234f. (1) Except as provided in subsection (2), an

 

individual less than 18 years of age shall not possess a firearm in

 

public except under the direct supervision of an individual 18

 

years of age or older.

 

     (2) Subsection (1) does not apply to an individual less than

 

18 years of age who possesses a firearm in accordance with part 401

 

(wildlife conservation) of the natural resources and environmental

 

protection act, Act No. 451 of the Public Acts of 1994, being

 

sections 324.40101 to 324.40119 of the Michigan Compiled Laws, 1994

 

PA 451, MCL 324.40101 to 324.40120, or part 435 (hunting and

 

fishing licensing) of Act No. 451 of the Public Acts of 1994, being

 

sections 324.43501 to 324.43561 of the Michigan Compiled Laws. the

 

natural resources and environmental protection act, 1994 PA 451,

 

MCL 324.43501 to 324.43561. However, an individual less than 18

 

years of age may possess a firearm without a hunting license while

 

at, or going to or from, a recognized target range or trap or skeet


shooting ground if, while going to or from the range or ground, the

 

firearm is enclosed and securely fastened in a case or locked in

 

the trunk of a motor vehicle.unloaded.

 

     (3) An individual who violates this section is guilty of a

 

misdemeanor, punishable by imprisonment for not more than 90 days,

 

or a fine of not more than $100.00, or both.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.