HOUSE BILL No. 6365

 

 

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.