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/documents/publications/RssFeeds/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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So would this mean that students could carry?

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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?

Click to expand...

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?

Click to expand...

Exactly. Pre-emption prohibits localities (and in this case, adding higher education) from passing more stringent laws.

Click to expand...

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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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.

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

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:celebrateMEEEEE TOOOOOOO!!!!!!!!!!!!

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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.

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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,