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Thread: House Bill 5474

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    http://legislature.mi.gov/doc.aspx?2009-HB-5474

    Read away! I hope this gets going! it would really clear up some grey areas!

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    A bill to amend 1990 PA 319, entitled

    "An act to prohibit local units of government from imposing certain
    restrictions on the ownership, registration, purchase, sale,
    transfer, transportation, or possession of pistols or other
    firearms, ammunition for pistols or other firearms, or components
    of pistols or other firearms,"

    by amending sections 1, 2, and 3 (MCL 123.1101, 123.1102, and

    123.1103).

    THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

    Sec. 1. As used in this act:

    (A) "INSTITUTION OF HIGHER EDUCATION" MEANS A COLLEGE,

    UNIVERSITY, COMMUNITY COLLEGE, OR JUNIOR COLLEGE DESCRIBED IN

    SECTION 4, 5, OR 6 OF ARTICLE VIII OF THE STATE CONSTITUTION OF

    1963 OR ESTABLISHED UNDER SECTION 7 OF ARTICLE VIII OF THE STATE

    CONSTITUTION OF 1963.

    (B) "Local unit of government" means a city, village,


    township, or county.

    (C) "Pistol" means that term as defined in section 222 of

    the Michigan penal code, 1931 PA 328,

    MCL 750.222.

    Sec. 2. A local unit of government OR INSTITUTION OF HIGHER

    EDUCATION shall not impose special taxation on, enact or enforce

    any ordinance or regulation pertaining to, or regulate in any other

    manner the ownership, registration, purchase, sale, transfer,

    transportation, or possession of pistols or other firearms,

    ammunition for pistols or other firearms, or components of pistols

    or other firearms, except as otherwise provided by federal law or a

    law of this state.

    Sec. 3. This act does not prohibit a local unit of government

    OR INSTITUTION OF HIGHER EDUCATION from doing either of the

    following:

    (a) Prohibiting or regulating conduct with a pistol or other

    firearm that is a criminal offense under state law.

    (b) Prohibiting or regulating the transportation, carrying, or

    possession of pistols and other firearms by employees of that local

    unit of government OR INSTITUTION OF HIGHER EDUCATION in the course

    of their employment with that local unit of government OR

    INSTITUTION OF HIGHER EDUCATION.







    *as normal the additions are in BOLD*

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    side note ----- if anyone wants an easy way to keep up with new Michigan laws

    use Google Reader or any other RSS feed reader and have it keep watch on http://www.legislature.mi.gov/docume...billupdate.xml
    With Google Reader you can just search that link for Firearms and you can get the links to all proposed bills

    very nifty!

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    It has my support for sure. Thanks for the RSS feed also!

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    Regular Member Springfield Smitty's Avatar
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    So would this mean that students could carry?
    -U.S. Army Veteran (2002-2005) 11BVB4 (Infantry, Airborne, Ranger, some other stuff) SGT (E-5)
    -Public Service Professional - I've done it all: LEO, FF, and EMT
    -Certified NRA Instructor
    -CPL / CCW (whatever other acronym you can think of for carrying a concealed pistol) Instructor
    -Co-founder of OKOCA

    I am not an attorney. None of my statements should be accepted, nor are they intended to be offered, as legal advice or fact of law.

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    Yea i guess it would mean that anything the school now says about firearms would be invalid

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    Springfield Smitty wrote:
    So would this mean that students could carry?
    Exactly. Pre-emption prohibits localities (and in this case, adding higher education) from passing more stringent laws.

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    Beretta8045 wrote:
    Springfield Smitty wrote:
    So would this mean that students could carry?
    Exactly. Pre-emption prohibits localities (and in this case, adding higher education) from passing more stringent laws.
    correction, this bill doesn't "add" higher education, it clarifies, the senators and representatives that I have talked to, who were involved in passing the original legislation, believe that the "intent" was to include schools.

    :-)

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    Thats cool! the Campus police here at Western Michigan don't want any students on campus to have a gun. The last time i talked to them they had no idea someone could have a gun in a pistol free zone with a CPL while open carrying

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    Regular Member Springfield Smitty's Avatar
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    But remember, if you are a student, they can regulate pretty much any activity at this point without clarification from the courts on whether or not pre-emption applies to them.
    -U.S. Army Veteran (2002-2005) 11BVB4 (Infantry, Airborne, Ranger, some other stuff) SGT (E-5)
    -Public Service Professional - I've done it all: LEO, FF, and EMT
    -Certified NRA Instructor
    -CPL / CCW (whatever other acronym you can think of for carrying a concealed pistol) Instructor
    -Co-founder of OKOCA

    I am not an attorney. None of my statements should be accepted, nor are they intended to be offered, as legal advice or fact of law.

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    Thats why i hope this law passes! so then it is CLEAR that higher education is part of preemption!

  12. #12
    Regular Member Springfield Smitty's Avatar
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    :celebrateMEEEEE TOOOOOOO!!!!!!!!!!!!
    -U.S. Army Veteran (2002-2005) 11BVB4 (Infantry, Airborne, Ranger, some other stuff) SGT (E-5)
    -Public Service Professional - I've done it all: LEO, FF, and EMT
    -Certified NRA Instructor
    -CPL / CCW (whatever other acronym you can think of for carrying a concealed pistol) Instructor
    -Co-founder of OKOCA

    I am not an attorney. None of my statements should be accepted, nor are they intended to be offered, as legal advice or fact of law.

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    Regular Member Michigander's Avatar
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    As far as I can tell, this doesn't seek to allow CC in class rooms, but would preemptively allow licensed OC in class rooms and dormitories, and licensed CC everywhere else. Just like it is now, but without the ability to get expelled, right?

    I'm definitely going to write my reps about this. Regardless of any other laws this won't change, telling colleges gun rights are off limits would be a very good thing.
    Answer every question about open carry in Michigan you ever had with one convenient and free book- http://libertyisforeveryone.com/open-carry-resources/

    The complete and utter truth can be challenged from every direction and it will always hold up. Accordingly there are few greater displays of illegitimacy than to attempt to impede free thought and communication.

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    Regular Member Michigander's Avatar
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    Wrote out a couple letters. One short, one longer. If anyone wants to copy paste and send them to their reps, or edit them and send them, please do.

    Dear.....


    I recently heard that House Bill 5474 to amend the 1990 firearm preemption law has been introduced. As you know, this Bill seeks to expand state preemption of firearm laws to institutions of higher education.

    I am a student at a college, and I am also a Concealed Pistol License holder. As the law is now, a student such as myself can be expelled for even having a registered pistol in his or her car. If passed, this law would prevent schools from enforcing rules that are more strict than state law. I feel this is an extremely important measure, and I hope that you’ll vote to pass it.

    Sincerely,



    Dear......


    I recently heard that House Bill 5474 to amend the 1990 firearm preemption law has been introduced. As you know, this Bill seeks to expand state preemption of firearm laws to institutions of higher education.

    I am a student at a college, and I am also a Concealed Pistol License (CPL) holder. As the law is now, a student such as myself can be expelled for even having a registered pistol in his or her car. I have always believed that this is incredibly flawed. People do not become unable to intelligently conduct themselves simply because they are at a school.

    As it stands now, a CPL holding student may carry a handgun openly anywhere on campus, and concealed everywhere except Dormitories and classrooms. But colleges are still able to expel or otherwise academically punish students who chose to legally arm themselves. This would mandate that colleges respect state law in regards to firearm possession.

    I’ve never feared for my safety while at college, but I do want to keep it that way. That is why I respectfully ask you to vote to pass this Bill.

    Sincerely,
    Answer every question about open carry in Michigan you ever had with one convenient and free book- http://libertyisforeveryone.com/open-carry-resources/

    The complete and utter truth can be challenged from every direction and it will always hold up. Accordingly there are few greater displays of illegitimacy than to attempt to impede free thought and communication.

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