ALLOW FIREARM LICENSEE TO CARRY

FIREARM REGISTERED TO ANOTHER PERSON

House Bill 4642 (Substitute H-1)

Sponsor:  Rep. Rick Jones

Committee:  Conservation, Forestry, and Outdoor Recreation

First Analysis (6-28-05)

BRIEF SUMMARY:  The bill would allow people to transport other individuals' licensed and   inspected pistols.

FISCAL IMPACT: The bill would have no fiscal impact on state or local government.

THE APPARENT PROBLEM:

Those who are licensed to carry concealed pistols say they sometimes must have their weapons transferred to someone else's care.  For example, it is illegal to carry a concealed weapon into a United States post office.  When a person disarms in his or her vehicle before entering the post office, the weapon is generally left in the care of another for safe-keeping.  Technically, that temporary transfer could be thought by some to be a transfer of possession.  In order to clarify that transfers are legal in certain circumstances, legislation has been introduced.

THE CONTENT OF THE BILL:

The bill would amend Public Act 372 of 1927, which concerns the regulation and licensing of firearms, to allow people who are licensed to carry a concealed pistol to transport other individuals' licensed and inspected pistols.

Under the law, certain people are exempt from Sections 2 and 9 of the act regulating firearms. Those sections concern the requirement that a person obtain a license to purchase, carry, or transport a firearm (Section 2); and that pistols be certified by local law enforcement officials in a safety inspection (Section 9).  House Bill 4642 would specify that those sections also would not apply to an individual carrying, possessing, using, or transporting a pistol belonging to another individual, if the other individual's pistol were properly licensed and inspected, and the individual carrying or transporting the pistol had obtained a license to carry a concealed pistol.

MCL 28.432

 

 

 

 

ARGUMENTS:

For:

In order for licensed pistols to be transferred properly—a matter of both convenience and safety—the law should be clear about when and under what circumstances those licensed to carry concealed weapons may carry, possess, use, or transport each other's pistols.  This bill would achieve that end. 

POSITIONS:

Great Lakes Shooting Sports supports the bill.  (6-23-05)

The Shooters Alliance for Firearm Rights supports the bill.  (6-23-05)

The Michigan Coalition for Responsible Gun Owners supports the bill in concept. (6-23-05)

The Department of State Police is neutral on the bill.  (6-23-05)

                                                                                           Legislative Analyst:   J. Hunault

                                                                                                  Fiscal Analyst:  Jan Wisniewski         

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.