NO-CARRY ZONE:  EXEMPT MOTOR CARRIER OFFICER

House Bill 5320 as introduced

Sponsor:  Rep. Triston Cole

Committee:  Judiciary

Complete to 2-12-17

SUMMARY:

House Bill 5320 would expand the list of those who may carry a concealed pistol in a “no-carry” zone to include a retired motor carrier officer of the Department of State Police and would specify the acceptable proof required to have the pistol license indicate that the licensee qualifies for the exemption.

Currently, even if a person holds a concealed pistol license issued by Michigan or by his or her other state of residence, he or she cannot carry the pistol concealed into certain places—such as a day care center, church, stadium, or bar—referred to as no-carry zones, unless specifically allowed by statute. If a person provides acceptable proof that he or she qualifies for the exemption, the county clerk is required to include an indication on the license that the individual is exempt from the prohibition against carrying a concealed pistol on any of the restricted premises.

The bill would amend Public Act 372 of 1927, the handgun licensing law, to specifically authorize a retired motor carrier officer of the Department of State Police (MSP) who currently holds a concealed pistol license to carry a pistol concealed in a no-carry zone. The required acceptable proof would be the officer’s retired identification.

According to the MSP website, “motor carrier officers are armed uniformed members of the Michigan State Police Commercial Vehicle Enforcement Division, specializing in commercial vehicle enforcement.” The officers “enforce traffic safety laws on commercial vehicles, protect the infrastructure through aggressive size and weight enforcement, conduct commercial vehicle and driver inspections, and contribute to homeland security efforts by enforcing hazardous material regulations.” In addition, motor carrier officers respond to emergency situations such as assisting distressed motorists, provide backup for other law enforcement officers, and act as a resource for other law enforcement personnel in criminal investigations involving commercial vehicles.

MCL 28.425b and 28.425o

FISCAL IMPACT:

The bill would have no fiscal implications for the Department of State Police or local law enforcement agencies.

                                                                                         Legislative Analyst:   Susan Stutzky

                                                                                                 Fiscal Analyst:   Kent Dell

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