Weapons: other; local units of government imposing certain restrictions on firearms; allow. Amends sec. 3 of 1990 PA 319 (MCL 123.1103).
Summary
HB 5749 amends Michigan’s firearm preemption law, 1990 PA 319, to clarify and expand the limited circumstances in which local governments may regulate pistols, other firearms, pneumatic guns, and ammunition. The bill preserves local authority to prohibit conduct that is already a criminal offense under state law, regulate firearms-related conduct by local government employees while on duty, and regulate pneumatic guns for minors under 16, including supervision requirements, with an exception for authorized use on private property. It also allows local governments to prohibit threatening display or brandishing of pneumatic guns intended to cause fear.
The bill further authorizes local units of government to prohibit open carry of firearms inside government buildings they own or lease, while expressly preventing them from banning open carry by law enforcement officers. In practical terms, the measure would modify the scope of local control over firearms in public buildings and around pneumatic guns, while leaving the broader state-level preemption framework in place.
Impact
HB 5749 would amend section 3 of Michigan’s local firearm restriction preemption statute, MCL 123.1103, by adding an explicit local-government power to restrict open carry in government buildings and by refining existing exceptions for pneumatic guns and employee conduct. It would affect local ordinances, municipal policy enforcement, firearm owners, law enforcement officers, and minors handling pneumatic guns, while maintaining state supremacy over most firearm regulation.
Sentiment
No committee transcripts or recorded votes were provided, so there is no direct evidence of debate or final legislative sentiment in the materials supplied. Based on the bill text, the measure appears to reflect a targeted, regulatory approach rather than a broad expansion of local gun control, suggesting an intent to balance local safety concerns with statewide firearm preemption and protections for lawful carry.
Contention
The main points of contention likely involve the balance between local control and state firearm preemption, especially the new authority for local governments to ban open carry in government buildings. Gun-rights advocates may object to any expansion of local restrictions, while local officials and public-safety proponents may support the ability to limit firearms in government facilities. The bill’s treatment of pneumatic guns and the carveout for law enforcement officers may also draw attention, but no specific opposing positions are documented in the provided materials.
Weapons: firearms; certain provisions regarding weapons; repeal. Amends secs. 230, 231 & 237a of 1931 PA 328 (MCL 750.230 et seq.) & repeals (see bill).
Weapons: firearms; firearms law; amend to reflect repeal of the extreme risk protection order act. Amends secs. 2, 2b, 5b & 8 of 1927 PA 372 (MCL 28.422 et seq.). TIE BAR WITH: HB 4140'25, HB 4140'25