TASERS IN A NO-CARRY ZONE S.B. 572 & 573:
SUMMARY OF INTRODUCED BILL
IN COMMITTEE
Senate Bills 572 and 573 (as introduced 10-2-13)
Sponsor: Senator Darwin L. Booher (S.B 572)
Senator Tom Casperson (S.B. 573)
CONTENT
Senate Bill 572 would amend the handgun licensure law to allow a person who held a concealed pistol license (CPL), or who was exempt from licensure, to carry an electro-muscular disruption (EMD) device (commonly known as a "stun gun" or "taser") on any of the premises where a CPL holder is prohibited from carrying a concealed pistol (commonly referred to as a no-carry zone).
Senate Bill 573 would amend the Code of Criminal Procedure to delete a reference to an EMD device in the sentencing guideline for carrying a concealed pistol in a no-carry zone.
A more detailed description of the bills follows.
Senate Bill 572
Under the handgun licensure law, an individual who is licensed to carry a concealed pistol, or who is exempt from licensure, may not carry a concealed pistol or an EMD device on certain premises. The bill would allow a CPL holder, or a person who was exempt from licensure, to carry a portable EMD device in those no-carry zones.
(Under the law, a CPL holder or person who is exempt from licensure, may not carry a concealed pistol or an EMD device on the premises of any of the following, other than their parking areas:
-- A school or school property, except that a parent or legal guardian of a student is not prohibited from carrying a concealed pistol while in a vehicle on school property if he or she is dropping the student off or picking up the student from school.
-- A public or private child care center or day care center, child caring institution, or child placing agency.
-- A sports arena or stadium.
-- A bar or tavern where the primary source of income is the sale of alcohol by the glass and consumed on the premises.
-- Any property or facility owned or operated by a church, synagogue, mosque, temple, or other place of worship, unless the presiding official or officials permit carrying a concealed pistol on that property.
-- An entertainment facility with a seating capacity of 2,500 or more that the person knows or should know has that capacity or that has a sign above each public entrance stating a seating capacity of 2,500 or more.
-- A hospital.
-- A dormitory or classroom of a community college, college, or university.
The no-carry zone prohibition does not apply to any of the following, who hold a CPL:
-- A retired police officer or retired law enforcement officer.
-- An individual employed or contracted to provide security services who is required by his or her employer or the terms of a contract to carry a concealed firearm on the premises of the employing or contracting entity.
-- A licensed private investigator or private detective.
-- A county corrections officer.
-- A State Police motor carrier officer or capitol security officer.
-- A member of a sheriff's posse.
-- An auxiliary officer or reserve officer of a police or sheriff's department.
-- A Department of Corrections parole or probation officer.
-- A State court judge or retired judge.
-- A court officer.
A person who violates the no-carry zone provision is responsible for a State civil infraction and may be fined up to $500 for a first offense. A second violation is a misdemeanor punishable by a maximum fine of $1,000. A third or subsequent violation is a felony punishable by up to four years' imprisonment and/or a maximum fine of $5,000. The court must order a first offender's CPL suspended for six months, and must order a second or subsequent offender's CPL revoked.)
Senate Bill 573
Under the sentencing guidelines, a third or subsequent offense of carrying a concealed pistol or EMD device in a prohibited place is a Class F public safety felony with a statutory maximum sentence of four years' imprisonment. The bill would delete that reference to carrying an EMD device.
MCL 28.425o (S.B. 572) Legislative Analyst: Patrick Affholter
777.11b (S.B. 573)
FISCAL IMPACT
Senate Bill 572
The bill would have an unspecified, but altogether minor fiscal impact on State and local government. In allowing license holders to carry electro-muscular disruptors in no-carry zones, as well as eliminating the State civil infraction for a first violation, the bill would reduce the amounts of civil infraction citations issued and the collected fines associated with them. Removing the misdemeanor category for a second offense would reduce local costs of incarceration, and removing the felony category for a third or subsequent violation would save the State $35,000 per year per prisoner.
Public libraries would no longer receive State civil infraction fines and criminal fines for these violations.
Senate Bill 573
By removing the third-offense Class F felony category, the bill would save the State $35,000 per year per prisoner.
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.