House Members Joel Johnson and Holly Hughes have re-introduced a bill package to clarify the definition of brandishing to codify former Attorney General Jennifer Granholm's legal opinion into law. This bill package will clarify the meaning of brandishing in effort to eliminate a charge from an anti-gun prosecutor for carrying a firearm. It will also codify that if you need to use a firearm for self defense that you will not be subject to prosecution for Brandishing.
A similar bill package (HB 5091 and HB 5092) was introduced last session; however, it was vetoed by the governor due to a legislative issue at the end of the session.
This is a common sense clarification to Michigan law to ensure that those who lawfully use and lawfully carry firearms aren't subject to prosecution for exercising a fundamental human right.
We would like to thank Rep. Johnson, Rep. Hughes, and all the co-sponsors for standing up for our rights.
Note: we realize the language in the definition bill, as introduced is:
(c) "Brandish" means to intentionally point, wave about, or display in a threatening manner that would induce fear in a reasonable person.
This is not the language the bill contained last session as it was finally passed:
(c) "Brandish" means to point, wave about, or display in a threatening manner with the intent to induce fear in another person.
We realize this important difference and are working with the bill's sponsor to get the language corrected as it goes through committee.