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2015 House Bill 4160: Revise firearms "brandishing" law

Public Act 27 of 2015

Introduced by Rep. Joel Johnson (R) on February 5, 2015
To establish that using a firearm in self defense or to defend one’s home or property under the 2006 law repealing a legal “duty to retreat” in such situations is not considered illegal “brandishing,” which means to display or wave a firearm in a menacing or threatening manner. Also, to revise the brandishing law to require the behavior to be “willful” in order to warrant criminal prosecution.   Official Text and Analysis.
Referred to the House Judiciary Committee on February 5, 2015
Reported in the House on February 18, 2015
Without amendment and with the recommendation that the bill pass.
Passed 95 to 15 in the House on February 25, 2015.
    See Who Voted "Yes" and Who Voted "No".
To establish that using a firearm in self defense or to defend one’s home or property under the 2006 law repealing a legal “duty to retreat” in such situations is not considered illegal “brandishing,” which means to display or wave a firearm in a menacing or threatening manner. Also, to revise the brandishing law to require the behavior to be “willful” in order to warrant criminal prosecution. House Bill 4161 clarifies the definition of brandishing.
Received in the Senate on February 26, 2015
Referred to the Senate Judiciary Committee on February 26, 2015
Reported in the Senate on April 23, 2015
With the recommendation that the bill pass.
Amendment offered by Sen. Steve Bieda (D) on April 29, 2015
To tie-bar the bill to House Bill 4261, meaning this bill cannot become law unless that one does also. HB 4261 would to ban "open carry" (versus concealed carry) of firearms in "gun free zones" specified in the state concealed pistol license law, and add public libraries to that list.
The amendment failed 10 to 27 in the Senate on April 29, 2015.
    See Who Voted "Yes" and Who Voted "No".
Signed by Gov. Rick Snyder on May 12, 2015

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