Just Released SB442 S-1 (revised) and SB561Summary with Explanations

NOTE This is now Outdated. Please see the new Post: http://248shooter.com/index.php/just-released-sb442-s-2-revised-and-sb561-s-1-revised-summary-with-explanations/

MCL 28.425o

Add Sub Section 5K:

(k) An individual who applies for and is granted an exemption from subsections (1) and (2) by the licensing authority. An individual is eligible for an exemption from subsections (1) and (2) only if the individual requests an exemption on his or her license application.

Affect:

Exempts CPL holders who request and receive an exemption, from sections 1 & 2 which include all CPFZ’s.

Add Sub Section 6, 7:

Affect:

Creates requirements to approve endorsements in 10 days and surrender their old CPL.

Add Sub Section 8:

This section does not prohibit a private property owner from prohibiting an individual from carrying a pistol, including a pistol that is openly displayed or carried in violation of subsection (9), on the premises of property described in subsection(1) and enforcing that prohibition under section 552 of the Michigan penal code, 1931 PA 328, MCL 750.552

Affect:

Allows private property owners the right to opt out of either open or concealed carry.

Note:

This has the potential to be more dangerous that it looks. The issue being if the lawsuits currently in play prove to allow for school districts to enact their own gun regulations all of this is for not. Through this loophole they would be able to still opt out of any on premises carry including dropping off of kids while in your car.

Add Sub Section 9:

(9) An individual licensed under this act to carry a concealed pistol, or who is exempt from licensure under section 12a(1)(h), shall not intentionally display or openly carry a pistol on the premises listed in subsection (1)(a) to (h) unless the individual owns the premises described in subsection (1) or is employed or contracted by the owner or other person with control over the premises described in subsection (1), if the possession of the firearm is to provide security services for the premises or is otherwise in the scope of the individual’s official duties, or the individual is acting with the express written consent of the owner of the premises or an agent of the owner of the premises.

Affect:

Concealed means concealed. You are only exempt from CPFZ’s if you actually conceal the weapon. There is no provision for open carry if you have a CPL with an endorsement.

Note:

The important wording here is “shall not intentionally display or openly carry a pistol”. This creates a barrier of proof required to demonstrate that a person carrying a pistol in one of these zones intentionally displayed or openly carried the pistol.

There is much debate over if this is sufficient protection or not. One group argues that since Michigan law is actually geared to defaulting to concealed carry vs open it would be difficult to prove the gun was intentionally not concealed. The other side says that merely printing or bending over where a gun may be glimpsed could be enough to end a legal gun owner in legal troubles ranging from a misdemeanor to a felony and up to 8 year revocation of their CPL.

SB561 looks to amend MCL 750.234d and 750.237a

MCL 234d

In subsection 1H remove:

An establishment licensed under the Michigan liquor control act, Act No. 8 of the Public Acts of the Extra Session of 1933, being sections 436.1 to 436.58 of the Michigan Compiled Laws.

Replace with:

A BAR OR TAVERN LICENSED UNDER THE MICHIGAN LIQUOR CONTROL CODE OF 1998, 1998 PA 58, MCL 436.1101 TO 436.2303, WHERE THE PRIMARY SOURCE OF INCOME OF THE BUSINESS IS THE SALE OF ALCOHOLIC LIQUOR BY THE GLASS AND CONSUMED ON THE PREMISES.

Affect:

Places that were licensed under the liquor control code such as gas stations, certain public venues, grocery stores and pharmacies were PFZ’s for open carriers without a CPL. This will remove that restriction and put Open Carry in those establishments on par with concealed carry. This will result in more places that an individual can open carry without a CPL. The general consensus with this is it is a good move.

MCL 237a

In subsection 2C add bold:

A person CARRYING A CONCEALED WEAPON WHO IS licensed by this state or another state to carry a concealed weapon.

Affect:

Allows for concealed carry with or without the exemption for the places listed in section 1 a-h if licensed with a CPL by Michigan or any other state. (I would think this would need to take reciprocity into account but the wording is vague. )

In subsection 5C add bold:

An individual CARRYING A CONCEALED WEAPON WHO IS licensed by this state or another state to carry a concealed weapon.

Affect:

Extend protections as outlined above to schools.

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Charles is the editor for 248 Shooter a midwest based gun news and gear review site as well as Online Content Director for On Target Magazine. He is an avid student taking classes from top tier trainers around the country. Charles shares his love for training as well as experience and opinions on some of the most talked about gear and products used by competitive shooters, military, leo and civilians.