2015 House Bill 4160 / Public Act 27

Revise firearms "brandishing" law

Introduced in the House

Feb. 5, 2015

Introduced by Rep. Joel Johnson (R-97)

To establish that using a firearm in self defense or to defend one’s home or property under the <a href="http://www.michiganvotes.org/2006-HB-5143">2006 law</a> 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.

Referred to the Committee on Judiciary

Feb. 18, 2015

Reported without amendment

Without amendment and with the recommendation that the bill pass.

Feb. 25, 2015

Passed in the House 95 to 15 (details)

To establish that using a firearm in self defense or to defend one’s home or property under the <a href="http://www.michiganvotes.org/2006-HB-5143">2006 law</a> 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

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

Amendment offered by Sen. Steve Bieda (D-9)

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 (details)

Passed in the Senate 37 to 0 (details)

To establish that using a firearm in self defense or to defend one’s home or property under the <a href="http://www.michiganvotes.org/2006-HB-5143">2006 law</a> 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.

Signed by Gov. Rick Snyder

May 12, 2015