Legislation watch
Mackinac Center for Public Policy
Capitol Building

2013 House Bill 5091: Establish that open firearms carry is not “brandishing”
  1. Introduced by Rep. Joel Johnson (R) on October 22, 2013, to establish that carrying a firearm which is holstered or carried on a sling is not considered illegal “brandishing,” which means to display or wave a firearm in a menacing or threatening manner.
    • Referred to the House Judiciary Committee on October 22, 2013.
      • Reported in the House on March 6, 2014, with the recommendation that the substitute (H-1) be adopted and that the bill then pass.
    • Substitute offered in the House on March 12, 2014. The substitute passed by voice vote in the House on March 12, 2014.
  2. Passed 104 to 5 in the House on March 13, 2014, to revise the definition of illegally "brandishing" a firearm to state that it applies only to a person who acts in a "willful" manner. The bill would also establish that pointing a gun at someone to defend oneself or another is not "brandishing." House Bill 5092 establishes a statutory definition of brandishing that requires an "intent" to threaten.
    Who Voted "Yes" and Who Voted "No"

  3. Received in the Senate on March 18, 2014.
    • Referred to the Senate Judiciary Committee on March 18, 2014.
      • Reported in the Senate on April 23, 2014, with the recommendation that the bill pass.
    • Amendment offered in the Senate on December 15, 2014, to remove a "tie-bar" the House Bill 5092, meaning this bill can become law if that one does not. HB 5092 revises the definition of "brandishing" so it includes "intent". The amendment passed by voice vote in the Senate on December 15, 2014.
  4. Passed 37 to 0 in the Senate on December 16, 2014, to revise the definition of illegally "brandishing" a firearm to state that it applies only to a person who acts in a "willful" manner. The bill would also establish that pointing a gun at someone to defend oneself or another is not "brandishing." House Bill 5092 establishes a statutory definition of brandishing that requires an "intent" to threaten.
    Who Voted "Yes" and Who Voted "No"

  5. Received in the House on December 16, 2014.
  6. Passed 104 to 5 in the House on December 17, 2014, to concur with the Senate-passed version of the bill.
    Who Voted "Yes" and Who Voted "No"

Comments