S.B. 962 (S-3): FIRST ANALYSIS - PISTOL USE BY FAMILY

Senate Bill 962 (Substitute S-3 as reported)

Committee: Hunting, Fishing and Forestry

Date Completed: 3-23-98

RATIONALE

Under the handgun licensure Act, a person must not purchase, carry, or transport a pistol in the State without having obtained a license from local or county law enforcement officials. A person is qualified for a license if he or she is 18 years of age or older, a felony charge is not pending, the person correctly answered 70% or more on a basic pistol safety review questionnaire, and other criteria are met. Since the Act does not state whether an immediate family member of someone who had obtained a concealed weapon license, may use, carry, possess, or transport the licensee's pistol, some people believe that this practice should be allowed under the law.

CONTENT

The bill would amend the handgun licensure Act to allow an immediate family member of a person who had obtained a license for a pistol and a certificate of inspection as required, to use, carry, possess, or transport the pistol in the State with the person's permission if the immediate family member had obtained a piston license. (The term "immediate family member of the person" would mean the person's spouse or the person's child, parent, grandparent, aunt, uncle, sister, or brother by blood, marriage, or adoption.)

MCL 28.422

ARGUMENTS

(Please note: The arguments contained in this analysis originate from sources outside the Senate Fiscal Agency. The Senate Fiscal Agency neither supports nor opposes legislation.)

Supporting Argument

The bill would allow a licensed individual's immediate family member to use, carry, possess, or transport a pistol if the family member also were licensed for a pistol as prescribed under the Act. The bill would eliminate any vagueness in the Act, which may prevent immediate family members from using pistols but allow other licensed individuals to use a pistol with the owner's permission. In addition, the bill would allow immediate family members to use pistols shared, inherited, or obtained within the immediate family.

- Legislative Analyst: N. Nagata

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

- Fiscal Analyst: B. Baker

A9798\S962A

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.