Bill Text: MI SB0859 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Weapons: firearms; confiscation of lawfully possessed firearms when a state of emergency is declared; amend the governor's emergency powers act to prohibit. Amends sec. 1 of 1945 PA 302 (MCL 10.31).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-04-16 - Referred To Committee On Government Operations [SB0859 Detail]
Download: Michigan-2019-SB0859-Introduced.html
SENATE BILL NO. 859
April 16, 2020, Introduced by Senator BARRETT
and referred to the Committee on Government Operations.
A bill to amend 1945 PA 302, entitled
"An act authorizing the governor to proclaim a state of emergency, and to prescribe the powers and duties of the governor with respect thereto; and to prescribe penalties,"
by amending section 1 (MCL 10.31), as amended by 2006 PA 546.
the people of the state of michigan enact:
Sec. 1. (1) During times of great public crisis,
disaster, rioting, catastrophe, or similar public emergency within the state,
or reasonable apprehension of immediate danger of a public emergency of that
kind, when public safety is imperiled, either upon on application
of the mayor of a city, sheriff of a county, or the commissioner of the
Michigan state police or upon on his or her own volition, the governor
may proclaim a state of emergency and designate the area involved. After making
the proclamation or declaration, the governor may promulgate reasonable orders,
rules, and regulations as he or she considers necessary to protect life and
property or to bring the emergency situation within the affected area under
control. Those orders, rules, and regulations may include, but are not limited
to, providing for the control of traffic, including public and private
transportation, within the area or any section of the area; designation of
specific zones within the area in which occupancy and use of buildings and
ingress and egress of persons and vehicles may be prohibited or regulated;
control of places of amusement and assembly and of persons on public streets
and thoroughfares; establishment of a curfew; control of the sale,
transportation, and use of alcoholic beverages and liquors; and control of the
storage, use, and transportation of explosives or inflammable materials or
liquids deemed to be dangerous to public safety.
(2) The orders, rules,
and regulations promulgated under subsection (1) are effective from the date
and in the manner prescribed in the orders, rules, and regulations and shall must be made public as provided in the
orders, rules, and regulations. The orders, rules, and regulations may be
amended, modified, or rescinded, in the manner in which they were promulgated,
from time to time by the governor during the pendency of the emergency, but shall must cease to be in effect upon
declaration by the governor that the emergency no longer exists.
(3) Subsection (1) does
not authorize the following:
(a)
The seizure, taking, or
confiscation of lawfully possessed firearms, ammunition, or other weapons.
(b) Banning the sale or purchase of firearms, ammunition, or other weapons.
