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Mackinac Center for Public Policy
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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.

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