2023 House Bill 4144

Crimes: weapons; penalties for storing or leaving a firearm where it may be accessed by a minor; provide for.

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 15 (MCL 28.435), as added by 2000 PA 265, and by adding section 9.

House Fiscal Agency Analysis

House Bills 4139, 4140, 4141, and 4144 would do all of the following: • Require a firearm being stored or left unattended to be unloaded and locked with a locking device or stored in a locked box or container if it is reasonably known that the firearm may be accessible to a minor. (HB 4144) • Establish, with some exceptions, a range of penalties for a violation, based on the level of injury to a minor or another individual if the minor obtains the firearm. (HB 4144) • Require the Department of Health and Human Services to inform the public of the bill’s penalties, publish lethal means counseling literature, and provide that literature to federally licensed firearms dealers. (HB 4144) • Revise the wording of a notice that a federally licensed firearms dealer must post where firearms are sold. (HB 4144) • Include the proposed felony offenses in the sentencing guidelines. (HB 4139) • Exempt firearm safety devices from sales and use taxes through 2024 and require a notice of that exemption to be posted where firearms are sold. (HBs 4140 and 4141)

Introduced in the House

Feb. 28, 2023

Introduced by Rep. Felicia Brabec (D-33) and 43 co-sponsors

Co-sponsored by Reps. Kelly Breen (D-21), Christine Morse (D-40), Phil Skaggs (D-80), Julie Rogers (D-41), Julie Brixie (D-73), Carol Glanville (D-84), Cynthia Neeley (D-70), Stephanie Young (D-16), Noah Arbit (D-20), Rachel Hood (D-81), Jasper Martus (D-69), Dylan Wegela (D-26), Natalie Price (D-5), Laurie Pohutsky (D-17), Erin Byrnes (D-15), Kara Hope (D-74), Jason Morgan (D-23), Sharon MacDonell (D-56), Regina Weiss (D-6), Tullio Liberati (D-2), Donavan McKinney (D-14), Lori Stone (D-13), Helena Scott (D-7), Ranjeev Puri (D-24), Jaime Churches (D-27), Matt Koleszar (D-22), Kimberly Edwards (D-12), Jason Hoskins (D-18), Amos O’Neal (D-94), Brenda Carter (D-53), Tyrone Carter (D-1), Emily Dievendorf (D-77), Penelope Tsernoglou (D-75), Samantha Steckloff (D-19), Will Snyder (D-87), Betsy Coffia (D-103), Jimmie Wilson (D-32), Jennifer Conlin (D-48), John Fitzgerald (D-83), Veronica Paiz (D-11), Karen Whitsett (D-4), Mike McFall (D-8) and Abraham Aiyash (D-9)

Referred to the Committee on Judiciary

March 22, 2023

Reported with substitute H-1

Substitute H-1 concurred in by voice vote

Amendment offered by Rep. Donni Steele (R-54)

1. Amend page 2, line 28, by striking out all of subsection 3 and inserting “(3) If an individual violates subsection (1) or (2) by failing to store or leave a firearm in the required manner and, as a result of the violation, a minor obtains the firearm and either possesses or exhibits the firearm in a public place, or possesses or exhibits the firearm in the presence of another person in a careless, reckless, or threatening manner, and the individual knew or should have known that the minor was likely to obtain the firearm, the individual is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.”.

The amendment failed by voice vote

Substitute H-2 offered by Rep. Felicia Brabec (D-33)

The substitute passed by voice vote

Passed in the House 61 to 47 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Received in the Senate

March 23, 2023

Referred to the Committee of the Whole

April 26, 2023

Referred to the Committee on Civil Rights, Judiciary, and Public Safety