HOUSE BILL No. 6289


     November 10, 1998, Introduced by Rep. Bodem and referred to the Committee on House Oversight and Ethics.


        A bill to amend 1927 PA 372, entitled

   "An act to regulate and license the selling, purchasing, possess-
   ing, and carrying of certain firearms and gas ejecting devices;
   to prohibit the buying, selling, or carrying of certain firearms
   and gas ejecting devices without a license; to provide for the
   forfeiture of firearms possessed in violation of this act; to
   provide immunity from civil liability under certain circum-
   stances; to prescribe the powers and duties of certain state and
   local agencies; and to repeal all acts and parts of acts incon-
   sistent with the provisions of this act,"

   by amending section 12a (MCL 28.432a).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 12a.  (1)  Section 6 does not apply to:

 2          (a) A peace officer of a duly authorized police agency of

 3     the United States or of this state or a political subdivision of

 4     this state, who is regularly employed and paid by the United

 5     States or this state or a subdivision of this state, except that

 6     section 6 does apply to a township constable.




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 1         (b) A constable who is trained and certified pursuant to Act

 2     No.  203 of the Public Acts of 1965, as amended, being sections

 3     28.601 to 28.616 of the Michigan Compiled Laws, who is engaged in

 4     his or her official duties or going to or coming from his or her

 5     official duties, and who is regularly employed and paid by a

 6     political subdivision of this state.

 7          (c) A person regularly employed by the department of correc-

 8     tions and authorized in writing by the director of the department

 9     of corrections to carry a concealed weapon concealed during the

10     performance of his or her duties or while going to or returning

11     from his or her duties.  AS USED IN THIS SECTION:

12         (A) "LAW ENFORCEMENT OR CORRECTIONS OFFICER" MEANS 1 OR MORE

13    OF THE FOLLOWING:

14         (i) A POLICE OFFICER OF THIS STATE OR A POLITICAL SUBDIVI-

15    SION OF THIS STATE, ANOTHER STATE OR A POLITICAL SUBDIVISION OF

16    ANOTHER STATE, OR THE UNITED STATES.

17         (ii) A SHERIFF OR DEPUTY SHERIFF.

18         (iii) A POLICE OFFICER OF A COMMUNITY COLLEGE, COLLEGE, OR

19    UNIVERSITY.

20         (iv) A CONSERVATION OFFICER OF THIS STATE OR AN INDIVIDUAL

21    AUTHORIZED TO ENFORCE THE FISH OR GAME LAWS OF ANOTHER STATE OR

22    THE UNITED STATES AND TO CARRY A FIREARM IN THE COURSE OF HIS OR

23    HER DUTIES.

24         (v) A CORRECTIONS OFFICER OF THE DEPARTMENT OF CORRECTIONS

25    OR AN INDIVIDUAL RESPONSIBLE FOR MAINTAINING THE CUSTODY OF PRIS-

26    ONERS IN THE JAIL OF A LOCAL UNIT OF GOVERNMENT.





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 1         (B) "QUALIFIED FORMER LAW ENFORCEMENT OR CORRECTIONS

 2    OFFICER" MEANS AN INDIVIDUAL TO WHICH ALL OF THE FOLLOWING

 3    APPLY:

 4         (i) THE INDIVIDUAL IS RETIRED FROM SERVICE AS A LAW ENFORCE-

 5    MENT OR CORRECTIONS OFFICER FOR REASONS OTHER THAN A MENTAL DIS-

 6    ABILITY THAT WOULD DISQUALIFY HIM OR HER FROM RECEIVING A LICENSE

 7    UNDER SECTION 6.

 8         (ii) THE INDIVIDUAL IS NOT A CONVICTED FELON, SUFFERING FROM

 9    A MENTAL DISABILITY, OR OTHERWISE INELIGIBLE TO RECEIVE A LICENSE

10    UNDER SECTION 6.

11         (iii) THE INDIVIDUAL IS NOT OTHERWISE PROHIBITED BY FEDERAL

12    LAW OR THE LAW OF THIS STATE FROM RECEIVING A FIREARM.

13         (2) SECTION 6 DOES NOT APPLY TO ANY OF THE FOLLOWING:

14         (A) A LAW ENFORCEMENT OR CORRECTIONS OFFICER.

15         (B) A QUALIFIED FORMER LAW ENFORCEMENT OR CORRECTIONS OFFI-

16    CER WHILE HE OR SHE IS CARRYING IDENTIFICATION ISSUED BY THE LAW

17    ENFORCEMENT AGENCY FROM WHICH HE OR SHE RETIRED THAT IDENTIFIES

18    HIM OR HER AS A RETIRED LAW ENFORCEMENT OR CORRECTIONS OFFICER OF

19    THAT LAW ENFORCEMENT AGENCY.

20         (C)  (d)  A member of the army, air force, navy, or marine

21    corps of the United States while carrying a weapon in line of

22    duty.

23         (D)  (e)  A member of the national guard, armed forces

24    reserves, or other duly authorized military organization while on

25    duty or drill or while going to or returning from his or her

26    place of assembly or practice or while carrying a weapon used for

27    purposes of a military organization.



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 1         (E)  (f)  A person licensed to carry a pistol concealed upon

 2    his or her person issued by another state.

 3         (F)  (g)  The regular and ordinary transportation of a

 4    pistol as merchandise by an authorized agent of a person licensed

 5    to manufacture firearms.

 6         (G)  (h)  A person while carrying a pistol unloaded in a

 7    wrapper or container in the trunk of his or her vehicle from the

 8    place of purchase to his or her home or place of business or to a

 9    place of repair or back to his or her home or place of business,

10    or in moving goods from 1 place of abode or business to another

11    place of abode or business.

12         Enacting section 1.  This amendatory act does not take

13    effect unless Senate Bill No. _____ or House Bill No. _____

14    (request no. 05088'97 a) of the 89th Legislature is enacted into

15    law.



























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