HB-4331, As Passed House, May 24, 2019

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4331

 

 

March 12, 2019, Introduced by Reps. LaFave, Markkanen, Vaupel, Wozniak, Lightner, Steven Johnson, Maddock, Paquette, Eisen, Mueller, Bellino, O'Malley, Berman, Rendon, Frederick, Afendoulis, Hoitenga, Hornberger, Calley, Wendzel, Hall, LaGrand, Reilly, Wakeman, Crawford, Huizenga, Inman, Marino, Slagh, Miller and Robinson and referred to the Committee on Military, Veterans and Homeland Security.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 40111 (MCL 324.40111), as amended by 2018 PA

 

272.

 

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.

 

     (2) Except as otherwise provided in subsection (3), (4), or

 

(5), or (6), 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 and

 

enclosed in a case, unloaded and carried in the trunk of a vehicle,

 

or unloaded in a motorized boat.

 

     (3) A person with a disability may transport or possess a

 

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 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 unloaded firearm

 

in or upon a vehicle on a sporting clays range.

 

     (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) An individual may transport or possess a loaded firearm in

or upon any vehicle, including, but not limited to, an ATV or UTV,

 

on private land if the individual is, or is accompanied by or has

 

the permission of, either of the following:

 

     (a) The owner of the private land.

 

     (b) The lessee of the private land for a term of not less than

 

1 year.

 

     (7) (6) An individual may 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 if the

 

bow or crossbow is unloaded and uncocked, enclosed in a case, or

 

carried in the trunk of a vehicle.

 

     (8) (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.

 

     (9) (8) As used in this section:

 

     (a) "ATV" means a vehicle with 3 or more wheels that is

 

designed for off-road use, has low-pressure tires, has a seat

 

designed to be straddled by the rider, and is powered by a 50cc to

 

1,000cc gasoline engine or an engine of comparable size using other

 

fuels.

 

     (b) (a) "Person 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.

 

     (c) (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.

 

     (d) (c) "Uncocked" means the following:

 

     (i) For a bow, that the bow is not in the drawn position.

 

     (ii) For a crossbow, that the crossbow is not in the cocked

 

position.

 

     (e) (d) "Unloaded" means the following:

 

     (i) For a firearm, 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.

 

     (ii) For a bow, that an arrow is not nocked.

 

     (iii) For a crossbow, that a bolt is not in the flight groove.

 

     (f) "UTV" means a vehicle with 4 or more wheels that is

 

designed for off-road use, has low-pressure tires, has a side-by-

 

side seating arrangement with bench or bucket seating for each

 

rider, and is powered by a 50cc to 1,000cc gasoline engine or an

 

engine of comparable size using other fuels.