HOUSE BILL No. 5303

 

September 2, 2009, Introduced by Reps. Sheltrown, Meltzer, Meekhof, Agema, Mayes, LeBlanc, Hansen, Opsommer, Neumann, Calley, Wayne Schmidt, Spade, Melton, Rick Jones, McDowell, Lahti, Walsh, Lori, Polidori, Bolger, Lund and Booher and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending section 231a (MCL 750.231a), as amended by 2008 PA 196.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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 as defined in

 

subsection (2), 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:

 

     (a) "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.

 

     (b) "Lawful purpose" includes the following:

 

     (i) While en route, directly or indirectly, to or from a

 

hunting or target shooting area.

 

     (ii) While transporting a pistol en route, directly or

 

indirectly, to or from his or her home or place of business and

 

place of repair.

 

     (iii) While moving goods, directly or indirectly, from 1 place

 

of abode or business to another place of abode or business.

 

     (iv) While transporting a licensed pistol en route, directly or

 

indirectly, to or from a law enforcement agency or for the purpose

 

of having a law enforcement official take possession of the weapon.

 

     (v) While en route, directly or indirectly, to or from his or

 

her abode or place of business and a gun show or places of purchase

 

or sale.

 

     (vi) While en route, directly or indirectly, to or from his or

 

her abode to a public shooting facility or public land where

 

discharge of firearms is permitted by law, rule, regulation, or

 

local ordinance.

 

     (vii) While en route, directly or indirectly, to or from his or

 

her abode to a private property location where the pistol is to be

 

used as is permitted by law, rule, regulation, or local ordinance.