NO-CARRY ZONE EXEMPTIONS                                                              H.B. 4133 (H-1):

                                                                                                      FLOOR SUMMARY

 

 

 

 

 

 

 

 

 

 

 

House Bill 4133 (Substitute H-1 as reported without amendment)

Sponsor:  Representative Joel Johnson

House Committee:  Judiciary

Senate Committee:  Judiciary

 

CONTENT

 

The bill would amend the handgun licensure law to exclude the following from provisions that prohibit an individual who is licensed to carry a concealed pistol, or who is exempt from licensure, from carrying a concealed pistol on certain premises (commonly called no-carry zones):

 

 --    A retired corrections officer of a county sheriff's department who was licensed under the law.

 --    A Department of Corrections (DOC) corrections officer or absconder recovery unit member.

 --    A court probation officer.

 --    A retired DOC parole, probation, or corrections officer or absconder recovery unit member.

 --    A retired court probation officer.

 

In the case of a retiree, the concealed weapons licensing board could require a letter from the sheriff's department, the DOC, or the court, as applicable, stating that the person retired in good standing.

 

A violation of the prohibition is a State civil infraction punishable by a maximum fine of $500 and a six-month license suspension.  A second violation is a misdemeanor punishable by fine of up to $1,000 and license revocation.   A third or subsequent violation is a felony punishable by up to four years' imprisonment and/or $5,000, and license revocation.

 

MCL 28.425o                                                           Legislative Analyst:  Patrick Affholter

 

FISCAL IMPACT

 

The bill would have a negligible fiscal impact on State and local government.  In the last 10 years, there have been no felony dispositions for the offense of carrying a concealed pistol in a no-carry zone for a third or subsequent violation.  There are no data regarding the number of civil infractions or misdemeanors, which would be applicable for the first or second violation.  Therefore, exempting additional categories of individuals from the no-carry zone prohibition would have a limited impact on State and local criminal justice costs.

 

Date Completed:  12-4-13                                                   Fiscal Analyst:  Dan O'Connor

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.