State of Michigan

 

JENNIFER M. GRANHOLM

governor

DEPARTMENT OF NATURAL RESOURCES

Lansing

K. L. COOL

director

March 14, 2003

 

 

1.                  Bill Number and Sponsor:

 

Senate Bill No. 221

Senator Garcia et al.

 

2.                  Purpose:

 

Senate Bill 221 would amend Part 435, “Hunting and Fishing Licensing”, of 1994 PA 451 to prohibit the Legislature, Natural Resources Commission and the Department of Natural Resources, under authority of this act, from regulating the transportation of a pistol or carrying of a loaded pistol by a person issued a license to carry a concealed pistol and certain other persons exempt from the licensure provision if the pistol is not used for hunting.

 

3.                  How Does This Legislation Impact Current Programs in the Department?

 

This Legislation could have an impact on the Legislature to establish wildlife protection regulations, and the ability of the Department to manage users on lands under its care.

 

4.                  Introduced at Agency Request?

 

No.

 

5.                  Agency Support?

 

Neutral.

 

6.                  Arguments Against the Bill:

 

Senate Bill 221 would make it impossible for the Natural Resources Commission to restrict the carrying of pistols afield by individuals who hold a valid concealed weapons permit.  Currently, under regulations carried forward from legislative enactment, archery deer hunters are prohibited from carrying a concealed pistol afield during archery deer season.

 

Senate Bill 221 would also prohibit the Department, by administrative rule, to restrict firearms for specific properties. Currently, State land use administrative rules for parks and recreation areas generally prohibit the possession of a loaded firearm in areas not open for hunting; such as campgrounds, beaches and day-use areas.

 

7.                  Arguments For the Bill:

 

Peace officers and military personnel, being those persons and activities as described by MCL 28.432a subsections (a), (b), (c), (d) and (e), should be declared exempt if the pistol is not used for hunting.

 

Individuals that have qualified for a Michigan concealed weapons permit have undergone a criminal background check and have completed the required firearms training class. 

 

8.                  State Revenue/Budgetary Implications:

 

None.

 

9.                  Implications to Local Units of Government:

 

None.

 

1.                  Administrative Rules Implications:

 

Those administrative rules addressed by Senate Bill 221 would be invalid.

 

2.                  Other Pertinent Information:

 

None.

 

12.       User Groups/Customers that Support this Legislation (if known):

 

            No user groups or customers supporting this legislation have been identified at this time.

 

 

 

 

 

                                                         K. L. COOL

                                                         DIRECTOR

                                                         MICHIGAN DEPARTMENT OF NATURAL RESOURCES

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