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SB 858

SB 858 - This act amends the sections of law which were declared unconstitutional in United States v. Missouri. This act creates the "Second Amendment Preservation Act", and lists various declarations of the Missouri General Assembly regarding the United States Constitution and the scope of the federal government's authority. In addition, the act declares that federal supremacy does not apply to federal laws that restrict or prohibit the manufacture, ownership, and use of firearms, firearm accessories, or ammunition within the state because such laws exceed the scope of the federal government's authority. Laws necessary for the regulation of the land and the United States Armed Forces are excluded from the types of federal firearms laws that exceed federal authority. Under this act, no public officer or state or local employee has the authority to enforce federal firearms laws against law abiding citizens. However, state employees may accept aid from federal officials in an effort to enforce Missouri laws. Sovereign immunity shall not be an affirmative defense under this act. Any political subdivision or law enforcement agency that employs a law enforcement officer who acts knowingly to deprive a Missouri citizen of certain rights or privileges ensured by the federal and state constitutions, or that knowingly employs a person who has acted under color of federal law to enforce or give material aid to enforce federal firearm laws, shall be subject to a civil penalty of $50,000 per employee hired by the law enforcement agency. In such an action attorney's fees and costs may be awarded. Additionally, a person shall have standing to pursue an action for injunctive relief in the circuit court of the county in which the action allegedly occurred or in the circuit court of Cole County. The court shall hold a hearing on the motion for a temporary restraining order and preliminary injunction within 30 days of service of the petition. It shall not be a violation of this act to provide aid to federal officials who are in pursuit of a suspect when there is a demonstrable criminal nexus with another state or county and the suspect is not a citizen of this state or is not present in this state. It shall not be a violation of this act to aid a federal prosecution for felony crimes involving a weapons violation against a person or for felony crimes involving a weapons violation and a controlled substance violation if such violation is a class A or B felony. The provisions of this act shall be applicable to offenses occurring on or after August 28, 2026. This act contains a severability clause. This act is identical to HCS/HB 1175 (2025), similar to SCS/SB 23 (2025) and the truly agreed to and finally passed SCS/HCS/HBs 85 & 310 (2021). TRISTAN BENSON, JR.

2026 Regular Session Introduced by Rick Brattin

Prohibits firearm possession inside the Michigan State Capitol and three legislative buildings, with narrow exceptions for peace officers, security staff, and CPL holders on duty.

Voted Do Pass S Transportation, Infrastructure and Public Safety Committee
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Bill Summary · SB 858

SB 858 — Summary (Firearms: prohibit in State Capitol and legislative office buildings)

Status & basic info
- Bill number: SB 858 (substitute S-1)
- Purpose: Amend Michigan Penal Code (MCL 750.234d) to prohibit possession of firearms in the State Capitol and specified legislative office buildings, with limited exceptions.
- Introduced: March 12, 2025
- Committee: Civil Rights, Judiciary, and Public Safety
- Current status (as provided): Placed on second reading
- Sponsor (Senate version): Senator Rosemary Bayer (listed in committee materials)

What the bill would do (main purpose)
- Make it unlawful to possess a firearm on the premises of the Michigan State Capitol Building, the Anderson House Office Building, and the Binsfeld Senate Office Building, thereby codifying and extending existing building-level restrictions into the Penal Code.

Key provisions and changes
- Adds these three legislative buildings to the list of “gun-free” premises in section 234d of the Michigan Penal Code.
- Creates specific exceptions (i.e., the prohibition does not apply to):
- Peace officers.
- Persons who own, are employed by, or are contracted by the listed entities when possession is for providing security services.
- Persons carrying a concealed pistol who (i) are licensed to carry a concealed pistol and (ii) are carrying that pistol while serving as a member of the Michigan House of Representatives or Michigan Senate.
- Clarifies that, as in the Senate-passed version, “premises” for the new prohibition does not include parking areas for those buildings (per one adopted amendment).
- Retains existing general exceptions applicable elsewhere in the statute (e.g., permission of owner/agent where applicable, security contractors for other listed premises).

Who is affected
- General public and visitors to the State Capitol, House and Senate office buildings: they would be prohibited from possessing firearms inside those buildings (subject to exceptions).
- State legislators who are active members and CPL holders: explicitly exempted while on official duty and carrying a concealed pistol.
- Peace officers, contracted security personnel, and building owners/employees providing security: exempted.
- Law enforcement, courts, and local governments may experience enforcement activity arising from violations.

Penalties and enforcement
- Violation is a misdemeanor under the Michigan Penal Code: punishable by up to 90 days in jail, a fine up to $100, or both (consistent with the statute’s current penalty for similar premises violations).
- Enforcement would be by usual criminal processes (arrest/prosecution for trespass/possession as charged).

Fiscal and procedural notes
- Nonpartisan legislative analyses indicate an indeterminate fiscal impact: new misdemeanor arrests/convictions could increase demand on law enforcement, courts, probation, and local jails; the number of potential prosecutions is uncertain.
- The bill amends MCL 750.234d and was placed on second reading as of the status provided. Related legislative activity (committee reports and fiscal analyses) accompanied the bill during committee consideration.
- Related bill: SB 857 (addresses concealed pistol licensure and carrying in the Capitol complex) is often considered in tandem in committee materials.

Context/rationale
- Committee materials state the measure is intended to codify the Capitol Commission’s prohibition on weapons in the Capitol and extend that prohibition to legislative office buildings, with the aim of allowing legislators and staff to carry out business without the threat of firearms inside those buildings.

For further review
- Text amending MCL 750.234d (Substitute S-1) contains the precise statutory language and list of exceptions; consult the bill text and committee analyses for amendments, floor actions, or changes to the penalty structure.

Compiled from official sources — confirm details with the bill’s official record.

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