HOUSE BILL NO. 5742

A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending section 234d (MCL 750.234d), as amended by 2024 PA 158.

the people of the state of michigan enact:

Sec. 234d. (1) Except as provided in subsection (2), a person shall not possess a firearm on the premises of any of the following:

(a) A depository financial institution or a subsidiary or affiliate of a depository financial institution.

(b) A Any property or facility owned or operated by a church, synagogue, mosque, temple, or other house place of religious worship, unless the presiding official or officials of the church, synagogue, mosque, temple, or other place of worship permit the carrying of concealed pistol on that property or facility.

(c) A court.

(d) A theatre.

(e) A sports arena or stadium.

(f) A public or private child care center or day care center, public or private child caring institution, or public or private child placing agency.

(g) A hospital.

(h) An establishment licensed under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303.

(i) A building owned, operated, or leased by this state or that part of a building owned, operated, or leased by this state, except for shooting ranges owned, operated, or leased by this state.

(j) The grounds of the Michigan State Capitol Building.

(k) An entertainment facility with a seating capacity of 2,500 or more individuals that the individual knows or should know has a seating capacity of 2,500 or more individuals or that has a sign above each public entrance stating in letters not less than 1 inch high a seating capacity of 2,500 or more individuals.

(l) A dormitory or classroom of a community college, college, or university.

(m) A public library. As used in this subdivision, "public library" means a library that is lawfully established for free public purposes by 1 or more counties, cities, townships, villages, school districts, or other local governments or a combination thereof, or by a public or local act, the entire interests of which belong to the general public. Public library does not include a special library such as a professional or technical library.

(2) Subsection (1) does not apply to any of the following:

(a) A person who owns, or is employed by or contracted by, an entity described in subsection (1) if the possession of that firearm is to provide security services for that entity.

(b) A peace officer.

(c) A person licensed by this state or another state to carry a concealed weapon.

(c) (d) A person who possesses a firearm on the premises of an entity described in subsection (1) if that possession is with the permission of the owner or an agent of the owner of that entity.

(3) Except as provided in subsection (4), a person shall not do any of the following:

(a) While the polls are open on an election day, possess a firearm in a polling place or within 100 feet from any entrance to a building in which a polling place is located.

(b) On any day early voting is conducted at an early voting site as described in section 4(1)(m) of article II of the state constitution of 1963, possess a firearm at an early voting site or within 100 feet from any entrance to a building in which an early voting site is located.

(c) For 40 days before an election, possess a firearm within 100 feet from any absent voter ballot drop box.

(d) For the 40 days before an election when an absent voter can vote an absent voter ballot in person with the city or township clerk, possess a firearm in a city or township clerk's office, or an official satellite office of a city or township clerk that is staffed by employees of the city or township clerk, or within 100 feet from any entrance to a city or township clerk's office or satellite office.

(4) Subsection (3) does not apply to any of the following:

(a) A peace officer.

(b) A person who possesses a firearm in that person's residence or on that person's private property or any other person who has permission to possess a firearm in that person's residence or on that person's private property.

(c) A person carrying a concealed pistol if that person is licensed by this state or another state to carry a concealed pistol.

(5) Subsection (3) does not apply to a person who is lawfully transporting or possessing a firearm in a vehicle.

(6) Except as provided in subsection (7), a person shall not, while absent voter ballots are being processed, possess a firearm in an absent voter counting place or a combined absent voter counting place or within 100 feet from any entrance to an absent voter counting place or a combined absent voter counting place.

(7) Subsection (6) does not apply to a uniformed law enforcement officer acting in the course of the officer's duties.

(8) A person who violates this section is responsible for a state civil infraction or guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both.crime as follows:

(a) Except as provided in subdivisions (b) and (c), the individual is responsible for a state civil infraction and may be fined not more than $500.00.

(b) For a second violation, the individual is guilty of a misdemeanor punishable by a fine of not more than $1,000.00.

(c) For a third or subsequent violation, the individual is guilty of a felony punishable by imprisonment for not more than 4 years, a fine of not more than $5,000.00, or both.