GUN-FREE ZONES:  COUNTY PROSECUTOR EXEMPTION

House Bill 4982

Sponsor:  Rep. Jim Slezak

Committee:  Judiciary

Complete to8-13-09

A SUMMARY OF HOUSE BILL 4982 AS INTRODUCED5-21-09

The bill would allow a county prosecuting attorney or an assistant prosecuting attorney who is licensed to carry a concealed pistol to carry that weapon in "no-carry zones."

Public Act 372 of 1927, known as the Handgun Licensure Act, prohibits individuals licensed under the act to carry a concealed pistol from carrying that pistol on the premises of schools, child care centers, sports arenas or stadiums, bars or taverns, churches and other places of worship (unless the place of worship allows the carrying of concealed pistols on the premises), hospitals, college dormitories or classrooms, and entertainment facilities with a seating capacity of at least 2,500 individuals.

The act also includes a list of individuals for whom the above prohibition on carrying a concealed pistol does not apply.  The list includes retired police and law enforcement officers, as well as various individuals who are licensed under the act such as an individual employed by any of the entities listed above that provides security services on the employer’s premises (and who is required to carry a gun by the employer), private investigators and private detectives, county corrections officers, members of a sheriff’s posse, motor carrier officers or Capitol security officers of the Department of State Police, auxiliary officers or reserve officers of a police or sheriff’s department, a parole or probation officer with the Department of Corrections, and, most recently, a state court judge or state court retired judge.

Specifically, House Bill 4982 would amend the Handgun Licensure Act (MCL 28.425o) to add a county prosecutor or an assistant county prosecutor who is licensed under the act to the list of individuals to whom the prohibition of carrying a concealed pistol in a listed no-carry zone does not apply.

FISCAL IMPACT:

The bill would have no fiscal impact on state or local units of government.

                                                                                           Legislative Analyst:   Susan Stutzky

                                                                                                   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.