Bill
SB 858
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.
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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