2015 House Bill 4161 / Public Act 28

Revise firearms "brandishing" law

Introduced in the House

Feb. 5, 2015

Introduced by Rep. Holly Hughes (R-91)

To define “brandishing” a firearm as “to point, wave about, or display in a threatening manner with the intent to induce fear in a reasonable person.” Under current law “brandishing” is a misdemeanor punishable by up to 90 days in jail. See also House Bill 4160, which requires the behavior to be “willful” in order to warrant criminal prosecution, and exempts behavior permitted under the <a href="http://www.michiganvotes.org/2006-HB-5143">2006 law</a> repealing a legal “duty to retreat” in a self defense situation or in defense of one’s home or property.

Referred to the Committee on Judiciary

Feb. 18, 2015

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

Feb. 25, 2015

Passed in the House 108 to 2 (details)

Received in the Senate

Feb. 26, 2015

Referred to the Committee on Judiciary

April 23, 2015

Reported without amendment

With the recommendation that the bill pass.

April 29, 2015

Passed in the Senate 37 to 0 (details)

To define “brandishing” a firearm as “to point, wave about, or display in a threatening manner with the intent to induce fear in a reasonable person.” Under current law “brandishing” is a misdemeanor punishable by up to 90 days in jail. See also House Bill 4160, which requires the behavior to be “willful” in order to warrant criminal prosecution, and exempts behavior permitted under the <a href="http://www.michiganvotes.org/2006-HB-5143">2006 law</a> repealing a legal “duty to retreat” in a self defense situation or in defense of one’s home or property.

Received in the House

April 29, 2015

April 30, 2015

Passed in the House 108 to 2 (details)

Signed by Gov. Rick Snyder

May 12, 2015