Concealed weapons

Mike Bernethy, instructor of a June 2011 CPL certification course, demonstrates how inconspicuous a concealed weapon can appear.

(File | MLive.com)

LANSING, MI — Anyone in Michigan with a concealed pistol license is still prohibited from carrying a concealed weapon into certain places including schools, bars, churches and sports stadiums.

But, under a piece of legislation just introduced by a Saginaw Township lawmaker, victims of domestic violence or stalking would be given special permission to carry a concealed weapons in those "gun-free" zones.

State Rep. Tim Kelly, a Republican, introduced House Bill 5355 on Thursday, Feb. 20.

State Rep. Tim Kelly

"Anyone who needs to take out a restraining order to protect themselves from violent crimes like domestic violence should be given the same rights as those who work with violent criminals," Kelly said. "The unfortunate reality is that some violent offenders don't adhere to a PPO and could take advantage of a gun free zone to inflict further pain on the victim."

Kelly said domestic violence victims are allowed to receive temporary concealed weapons permits under current law, and his legislation provides additional protections.

"Many people who file PPOs also become concealed weapon permit holders because they are in clear danger, but they can become vulnerable in a gun-free zone," he said.

Kelly's bill would amend Public Act 372 of 1927, also known as the Michigan Firearms Act, which regulates the sales and possession of guns in the state.

Read the full draft of House Bill 5355

As the law stands now, several individuals are immune from "gun-free" zones, including retired law enforcement officers, armed security officers, private investigators and detectives, parole or probation officers, corrections officers, members of a sheriff's posse, auxiliary or reserve police officers or a current or retired judges.

The proposed amendment adds language that would give immunity for "a petitioner for a personal protection order issued under section 2950 or 2950A of the Revised Judicature Act of 1961. Those laws set the rights of victims of domestic violence and stalking in seeking a protection order.

The full list of gun-free zones, as defined by state law:

1. Schools or school property, but license holders may carry while in a vehicle on school property while dropping off or picking, up if a parent or legal guardian

2. Public or private day care center, public or private child caring agency, or public or private child placing agency

3. Sports arena or stadium

4. A tavern where the primary source of income is the sale of alcoholic liquor by the glass consumed on the premises

5. Any property or facility owned or operated by a church, synagogue, mosque, temple, or other place of worship, unless the presiding official or officials allow concealed weapons

6. An entertainment facility that the individual knows or should know has a seating capacity of 2,500 or more

7. A hospital

8. A dormitory or classroom of a community college, college, or university

9. A casino

"These types of zones have never deterred criminal acts; they have only empowered those who are intent on harming others," Kelly said. "My legislation is a common-sense way to help protect people who have a high risk of being victimized."

The bill is expected to go to the House Judiciary Committee for review.

Mark Tower covers local government for MLive/The Saginaw News. Contact him at 989-284-4807, by email at mtower@mlive.com or follow him on Twitter, Facebook or Google+.