HOUSE BILL NO. 6517

December 16, 2020, Introduced by Reps. Chirkun, Cherry, Tyrone Carter, Tate and Sneller and referred to the Committee on Judiciary.

"The Michigan penal code,"

(MCL 750.1 to 750.568) by adding section 223a.

the people of the state of michigan enact:

Sec. 223a. (1) A person who stores or leaves a firearm on premises under his or her control, and who knows or reasonably should know that the firearm is accessible to a minor, shall do 1 or more of the following:

(a) Keep the firearm in a securely locked box or container.

(b) Keep the firearm in a location that a reasonable person would believe is secure.

(2) A person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both, if the person violates subsection (1) by failing to store or leave a firearm in the required manner and as a result of the violation both of the following occur:

(a) A minor obtains the firearm.

(b) The minor does either of the following:

(i) Possesses or exhibits the firearm in a public place.

(ii) Possesses or exhibits the firearm in the presence of another person in a careless, reckless, or threatening manner.

(3) If a person violates subsection (1) by failing to store or leave a firearm in the required manner and as a result of the violation a minor obtains the firearm and uses it to inflict injury upon himself or herself or any other person, the person who fails to store or leave the firearm in the required manner is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both.

(4) If a person violates subsection (1) by failing to store or leave a firearm in the required manner and as a result of the violation a minor obtains the firearm and uses it to inflict an injury resulting in a serious impairment of a body function upon himself or herself or any other person, the person who fails to store or leave the firearm in the required manner is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $10,000.00, or both.

(5) If a person violates subsection (1) by failing to store or leave a firearm in the required manner and as a result of the violation a minor obtains the firearm and uses it to inflict death upon himself or herself or any other person, the person who fails to store or leave the firearm in the required manner is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $15,000.00, or both.

(6) This section does not apply under any of the following circumstances:

(a) The minor obtains the firearm with the permission of the minor's parent or guardian and the minor uses or possesses the firearm during any of the following:

(i) His or her employment.

(ii) Ranching or farming.

(iii) Target practice, hunting, or instruction in the safe use of a firearm.

(b) The minor obtains the firearm through the minor's unlawful entry of any premises where the firearm has been stored or through the minor's illegal taking of the firearm from the owner's premises.

(7) As used in this section:

(a) "Locked box or container" means a secure container that is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device.

(b) "Locking device" means a trigger lock, cable lock, or similar lock that prevents a firearm from discharging.