September 25, 2018, Introduced by Reps. Allor and LaFave and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 40111 and 43513 (MCL 324.40111 and 324.43513),
section 40111 as amended by 2015 PA 185 and section 43513 as
amended by 2013 PA 108.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 40111. (1) Except as otherwise provided in subsection (3)
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. An individual may take waterfowl from a motorized
boat if the boat's motor has been completely shut off and the
boat's forward progress has ceased.
(2) Except as otherwise provided in subsection (3), (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 1 of the following:
(a)
Unloaded and enclosed in a case. ,
unloaded
(b)
Unloaded and carried in the trunk of a
vehicle. , or
unloaded
in
(c) In a motorized boat whose motor has been completely shut
off and whose forward progress has ceased.
(3)
A person An individual with a disability may transport or
possess
a an uncased 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 An individual 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 uncased and
unloaded
firearm in or upon a vehicle on a any of the following:
(a) A sporting clays range.
(b) Private property.
(c) A highway, road, or street in this state under either of
the following circumstances:
(i) The individual owns land that is divided by that highway,
road, or street and the individual is crossing the highway, road,
or street to access the other portion of that property.
(ii) The individual has been granted permission to use another
individual's land that is divided by that highway, road, or street
and the individual is crossing the highway, road, or street to
access the other portion of that property.
(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) Except as otherwise provided in this subsection and this
part, an individual shall not transport or possess a bow or
crossbow in or upon a vehicle while that vehicle is operated on
public land or on a highway, road, or street in this state, unless
the bow or crossbow is unstrung, enclosed in a case, or carried in
the trunk of a vehicle. An individual may transport or possess an
uncased bow or crossbow in or upon a vehicle on a highway, road, or
street in this state under either of the following circumstances:
(a) The individual owns land that is divided by that highway,
road, or street and the individual is crossing the highway, road,
or street to access the other portion of that property.
(b) The individual has been granted permission to use another
individual's land that is divided by that highway, road, or street
and the individual is crossing the highway, road, or street to
access the other portion of that property.
(7) An individual shall not hunt with 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) As used in this section:
(a)
"Person "Individual
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) "Unloaded" means that the firearm does not have ammunition
in the barrel, chamber, cylinder, clip, or magazine when the
barrel, chamber, cylinder, clip, or magazine is part of or attached
to the firearm.
Sec. 43513. (1) An individual may carry, transport, or possess
a
firearm without a hunting license if the under any of the
following circumstances:
(a) The firearm is unloaded in both barrel and magazine and
either enclosed in a case or carried in a vehicle in a location
that is not readily accessible to any occupant of the vehicle.
(b) The firearm is being carried, transported, or possessed on
private property.
(c) The firearm is being carried, transported, or possessed on
a highway, road, or street in this state under either of the
following circumstances:
(i) The individual owns land that is divided by that highway,
road, or street and the individual is crossing the highway, road,
or street to access the other portion of that property.
(ii) The individual has been granted permission to use another
individual's land that is divided by that highway, road, or street
and the individual is crossing the highway, road, or street to
access the other portion of that property.
(2) An individual may carry, transport, or possess a
slingshot,
bow and arrow, or crossbow without a hunting license if
the
under any of the following
circumstances:
(a) The slingshot, bow, or crossbow is unstrung, enclosed in a
case, or carried in a vehicle in a location that is not readily
accessible to any occupant of the vehicle.
(b) The slingshot, bow, or crossbow is being carried,
transported, or possessed on private property.
(c) The slingshot, bow, or crossbow is being carried,
transported, or possessed on a highway, road, or street in this
state under either of the following circumstances:
(i) The individual owns land that is divided by that highway,
road, or street and the individual is crossing the highway, road,
or street to access the other portion of that property.
(ii) The individual has been granted permission to use another
individual's land that is divided by that highway, road, or street
and the individual is crossing the highway, road, or street to
access the other portion of that property.
(3)
(2) Regardless of whether the individual has a license
or
it is open season for the taking of game, an individual may carry,
transport, possess or discharge a firearm, a bow and arrow, or a
crossbow if all of the following apply:
(a) The individual is not taking or attempting to take game
but is engaged in 1 or more of the following activities:
(i) Target practice using an identifiable, artificially
constructed target or targets.
(ii) Practice with silhouettes, plinking, skeet, or trap.
(iii) Sighting-in the firearm, bow and arrow, or crossbow.
(b) The individual is, or is accompanied by or has the
permission of, either of the following:
(i) The owner of the property on which the activity under
subdivision (a) is taking place.
(ii) The lessee of that property for a term of not less than 1
year.
(c) The owner or lessee of the property does not receive
remuneration for the activity under subdivision (a).
(4) (3)
An individual may carry, transport,
or possess a
firearm, slingshot, bow and arrow, or crossbow without a hunting
license if the individual is hunting on a game bird hunting
preserve licensed under part 417.
(5) (4)
An individual may carry or possess
an unloaded weapon
at any time if the individual is traveling to or from or
participating in a historical reenactment.