HOUSE BILL No. 4543 April 21, 1999, Introduced by Reps. Basham, DeRossett, Bradstreet, Sanborn, Koetje, Hart, Kukuk, Howell, DeVuyst, Kuipers, Voorhees, Woronchak, DeWeese, Rick Johnson, Patterson, Gosselin, LaSata, Birkholz, Richardville, Rocca, Julian, Mans, Schauer, Mortimer, Pappageorge, Bishop, Jelinek, Kowall, Cameron Brown, Vander Roest, Allen, Pestka, Green, Schermesser, Jansen, Middaugh, Stamas, Bovin, Garcia, Sheltrown, Neumann, Faunce, Frank, DeHart, Shulman, Jellema, Pumford, Scranton, Cassis, Raczkowski and Tabor and referred to the Committee on Constitutional Law and Ethics. A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 233, 234d, 234e, 234f, 235, and 237 (MCL 750.233, 750.234d, 750.234e, 750.234f, 750.235, and 750.237), section 234d as amended by 1994 PA 158, section 234e as added by 1990 PA 321, and section 234f as amended by 1996 PA 80. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 233. (1)Intentionally aiming fire-arm without2malice--AnyA person whoshallintentionally, BUT without 3 malice,pointPOINTS oraim any fire-armAIMS A FIREARM at or 4 toward any other person,shall beIS, EXCEPT AS OTHERWISE PRO- 5 VIDED IN THIS SECTION, guilty of a misdemeanor PUNISHABLE BY 6 IMPRISONMENT FOR NOT MORE THAN 93 DAYS OR A FINE OF NOT MORE THAN 7 $100.00, OR BOTH. 03526'99 TVD 2 1 (2) AN INDIVIDUAL WHO COMMITS A SECOND OR SUBSEQUENT 2 VIOLATION OF SUBSECTION (1) IS GUILTY OF A FELONY PUNISHABLE BY 3 IMPRISONMENT FOR NOT MORE THAN 4 YEARS OR A FINE OF NOT MORE THAN 4 $2,500.00, OR BOTH. 5 (3) AN INDIVIDUAL WHO IS LICENSED TO CARRY A CONCEALED 6 PISTOL WHO VIOLATES SUBSECTION (1) AND IS CARRYING A PISTOL, 7 WHETHER CONCEALED OR NOT, AT THE TIME HE OR SHE COMMITS THE VIO- 8 LATION IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT 9 MORE THAN 4 YEARS OR A FINE OF NOT MORE THAN $2,500.00, OR BOTH. 10 Sec. 234. (1)Discharge of fire-arm intentionally but11without malice aimed at another--AnyA person whoshall12dischargeDISCHARGES A FIREARM, withoutinjury toINJURING any 13 other person,any fire-arm,while intentionally, BUT without 14 malice,aimedAIMING THAT FIREARM at or towardanyANOTHER 15 person,shall beIS, EXCEPT AS OTHERWISE PROVIDED IN THIS 16 SECTION, guilty of a misdemeanor,punishable by imprisonment 17in the county jailFOR not more than 1 year orbya fine of 18 not more than500 dollars$500.00, OR BOTH. 19 (2) AN INDIVIDUAL WHO COMMITS A SECOND OR SUBSEQUENT VIOLA- 20 TION OF SUBSECTION (1) IS GUILTY OF A FELONY PUNISHABLE BY 21 IMPRISONMENT FOR NOT MORE THAN 4 YEARS OR A FINE OF NOT MORE THAN 22 $2,500.00, OR BOTH. 23 (3) AN INDIVIDUAL WHO IS LICENSED TO CARRY A CONCEALED 24 PISTOL WHO VIOLATES SUBSECTION (1) AND IS CARRYING A PISTOL, 25 WHETHER CONCEALED OR NOT, AT THE TIME HE OR SHE COMMITS THE VIO- 26 LATION IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT 27 MORE THAN 4 YEARS OR A FINE OF NOT MORE THAN $2,500.00, OR BOTH. 03526'99 3 1 Sec. 234d. (1) Except as provided in subsection (2), a 2 person shall not possess a firearm on the premises of any of the 3 following: 4 (a) A depository financial institution or a subsidiary or 5 affiliate of a depository financial institution. 6 (b) A church or other house of religious worship. 7 (c) A court. 8 (d) A theatre. 9 (e) A sports arena. 10 (f) A day care center. 11 (g) A hospital. 12 (h) An establishment licensed under the Michigan liquor con- 13 trolact, Act No. 8 of the Public Acts of the Extra Session of141933, being sections 436.1 to 436.58 of the Michigan Compiled15LawsCODE OF 1998, 1998 PA 58, MCL 436.1101 TO 436.2303. 16 (2) This section does not apply to any of the following: 17 (a) A person who owns, or is employed by or contracted by, 18 an entity described in subsection (1) if the possession of that 19 firearm is to provide security services for that entity. 20 (b) A peace officer. 21 (c) A person licensed by this state or another state to 22 carry a concealed weapon. 23 (d) A person who possesses a firearm on the premises of an 24 entity described in subsection (1) if that possession is with the 25 permission of the owner or an agent of the owner of that entity. 26 (3) A person who violates this section is, EXCEPT AS 27 OTHERWISE PROVIDED IN THIS SECTION, guilty of a misdemeanor 03526'99 4 1 punishable by imprisonment for not more than9093 days or a 2 fine of not more than $100.00, or both. 3 (4) AN INDIVIDUAL WHO COMMITS A SECOND OR SUBSEQUENT VIOLA- 4 TION OF SUBSECTION (1) IS GUILTY OF A FELONY PUNISHABLE BY 5 IMPRISONMENT FOR NOT MORE THAN 4 YEARS OR A FINE OF NOT MORE THAN 6 $2,500.00, OR BOTH. 7 Sec. 234e. (1) Except as provided in subsection (2), a 8 person shall not knowingly brandish a firearm in public. 9 (2) Subsection (1) does not apply to any of the following: 10 (a) A peace officer lawfully performing his or her duties as 11 a peace officer. 12 (b) A person lawfully engaged in hunting. 13 (c) A person lawfully engaged in target practice. 14 (d) A person lawfully engaged in the sale, purchase, repair, 15 or transfer of that firearm. 16 (3) A person who violates this section is, EXCEPT AS OTHER- 17 WISE PROVIDED IN THIS SECTION, guilty of a misdemeanor punishable 18 by imprisonment for not more than9093 days, or a fine of not 19 more than $100.00, or both. 20 (4) AN INDIVIDUAL WHO COMMITS A SECOND OR SUBSEQUENT VIOLA- 21 TION OF SUBSECTION (1) IS GUILTY OF A FELONY PUNISHABLE BY 22 IMPRISONMENT FOR NOT MORE THAN 4 YEARS OR A FINE OF NOT MORE THAN 23 $2,500.00, OR BOTH. 24 (5) AN INDIVIDUAL WHO IS LICENSED TO CARRY A CONCEALED 25 PISTOL WHO VIOLATES SUBSECTION (1) AND IS CARRYING A PISTOL, 26 WHETHER CONCEALED OR NOT, AT THE TIME HE OR SHE COMMITS THE 27 VIOLATION IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR 03526'99 5 1 NOT MORE THAN 4 YEARS OR A FINE OF NOT MORE THAN $2,500.00, OR 2 BOTH. 3 (6) AS USED IN THIS SECTION, "BRANDISH" MEANS TO EXHIBIT OR 4 DISPLAY IN AN AGGRESSIVE OR MENACING MANNER. 5 Sec. 234f. (1) Except as provided in subsection (2), an 6 individual less than 18 years of age shall not possess a firearm 7 in public except under the direct supervision of an individual 18 8 years of age or older. 9 (2) Subsection (1) does not apply to an individual less than 10 18 years of age who possesses a firearm in accordance with part 11 401(wildlife conservation)of the natural resources and envi- 12 ronmental protection act,Act No. 451 of the Public Acts of131994, being sections 324.40101 to 324.40119 of the Michigan14Compiled Laws1994 PA 451, MCL 324.40101 TO 324.40119, or part 15 435(hunting and fishing licensing) of Act No. 451 of the Public16Acts of 1994, being sections 324.43501 to 324.43561 of the17Michigan Compiled LawsOF THE NATURAL RESOURCES AND ENVIRONMEN- 18 TAL PROTECTION ACT, 1994 PA 451, MCL 324.43501 TO 324.43561. 19 However, an individual less than 18 years of age may possess a 20 firearm without a hunting license while at, or going to or from, 21 a recognized target range or trap or skeet shooting ground if, 22 while going to or from the range or ground, the firearm is 23 enclosed and securely fastened in a case or locked in the trunk 24 of a motor vehicle. 25 (3) An individual who violates this section is, EXCEPT AS 26 OTHERWISE PROVIDED IN THIS SECTION, guilty of a misdemeanor,03526'99 6 1 punishable by imprisonment for not more than9093 days,or 2 a fine of not more than $100.00, or both. 3 (4) AN INDIVIDUAL WHO COMMITS A SECOND OR SUBSEQUENT VIOLA- 4 TION OF SUBSECTION (1) IS GUILTY OF A FELONY PUNISHABLE BY 5 IMPRISONMENT FOR NOT MORE THAN 4 YEARS OR A FINE OF NOT MORE THAN 6 $2,500.00, OR BOTH. 7 Sec. 235. (1)Injuring by discharge of fire-arm inten-8tionally but without malice pointed at another--AnyA person who 9shall maimMAIMS orinjureINJURES any other person by the 10 discharge ofany fire-armA FIREARM pointed or aimed intention- 11 ally, without malice, atany suchANOTHER personshall beIS, 12 EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, guilty of a misde- 13 meanor,punishable by imprisonmentin the county jailFOR 14 not more than 1 year orbya fine of not more than50015dollars$500.00, OR BOTH. 16 (2) AN INDIVIDUAL WHO COMMITS A SECOND OR SUBSEQUENT VIOLA- 17 TION OF SUBSECTION (1) IS GUILTY OF A FELONY PUNISHABLE BY 18 IMPRISONMENT FOR NOT MORE THAN 4 YEARS OR A FINE OF NOT MORE THAN 19 $2,500.00, OR BOTH. 20 (3) AN INDIVIDUAL WHO IS LICENSED TO CARRY A CONCEALED 21 PISTOL WHO VIOLATES SUBSECTION (1) AND IS CARRYING A PISTOL, 22 WHETHER CONCEALED OR NOT, AT THE TIME HE OR SHE COMMITS THE VIO- 23 LATION IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT 24 MORE THAN 4 YEARS OR A FINE OF NOT MORE THAN $2,500.00, OR BOTH. 25 Sec. 237. (1)Possession or use of fire-arm by person26under influence of liquor or drug--AnyA personunder the27influence of intoxicating liquor or any exhilarating or03526'99 7 1stupefying drugwhoshall carry, haveCARRIES A FIREARM OR HAS 2 A FIREARM in HIS OR HER possession orundercontrol,or use in3any manner or discharge any fire-arm within this state, shall be4 WHILE HE OR SHE IS UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR 5 AN EXHILARATING OR STUPEFYING DRUG, OR WHILE HAVING A BODILY 6 ALCOHOL CONTENT OF .08 OR MORE PER 100 MILLILITERS OF BLOOD, PER 7 210 LITERS OF BREATH, OR PER 67 MILLILITERS OF URINE, IS, EXCEPT 8 AS OTHERWISE PROVIDED IN THIS SECTION, guilty of a misdemeanor 9 PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 93 DAYS OR A FINE OF 10 NOT MORE THAN $100.00, OR BOTH. 11 (2) AN INDIVIDUAL WHO DISCHARGES A FIREARM WHILE HE OR SHE 12 IS UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR AN EXHILARATING 13 OR STUPEFYING DRUG, OR WHILE HAVING A BODILY ALCOHOL CONTENT OF 14 .08 GRAMS OR MORE PER 100 MILLILITERS OF BLOOD, PER 210 LITERS OF 15 BREATH, OR PER 67 MILLILITERS OF URINE, IS, EXCEPT AS OTHERWISE 16 PROVIDED IN THIS SECTION, GUILTY OF A CRIME AS FOLLOWS: 17 (A) EXCEPT AS PROVIDED IN SUBDIVISION (B), THE PERSON IS 18 GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 2 19 YEARS OR A FINE OF NOT MORE THAN $2,500.00, OR BOTH. 20 (B) IF THE PERSON IS LICENSED TO CARRY A CONCEALED PISTOL AT 21 THE TIME HE OR SHE DISCHARGES THE FIREARM, THE PERSON IS GUILTY 22 OF A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 4 YEARS 23 OR A FINE OF NOT MORE THAN $2,500.00, OR BOTH. 24 (3) AS USED IN THIS SECTION, "INTOXICATING LIQUOR" MEANS 25 ALCOHOLIC LIQUOR AS DEFINED IN SECTION 105 OF THE MICHIGAN LIQUOR 26 CONTROL CODE OF 1998, 1998 PA 58, MCL 436.1105. 03526'99 8 1 Enacting section 1. This amendatory act takes effect 2 September 30, 1999. 3 Enacting section 2. This amendatory act does not take 4 effect unless Senate Bill No. _____ or House Bill No. _____ 5 (request no. 00486'99 ***) of the 90th Legislature is enacted 6 into law. 03526'99 Final page. TVD