Bill Text: MI HB4416 | 2017-2018 | 99th Legislature | Engrossed

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Bill Title: Weapons; firearms; certain provisions regarding weapons; repeal. Amends secs. 227, 227b, 230 & 237a of 1931 PA 328 (MCL 750.227 et seq.) & repeals secs. 227a & 231a of 1931 PA 328 (MCL 750.227a & 750.231a).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2017-06-13 - Referred To Committee On Government Operations [HB4416 Detail]

Download: Michigan-2017-HB4416-Engrossed.html

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HB-4416, As Passed House, June 7, 2017

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4416

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending sections 227, 227b, 230, and 237a (MCL 750.227,

 

750.227b, 750.230, and 750.237a), section 227 as amended by 1986 PA

 

8 and sections 227b and 237a as amended by 2015 PA 26; and to

 

repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 227. (1) A person shall not carry a dagger, dirk,

 

stiletto, a double-edged nonfolding stabbing instrument of any

 

length, or any other dangerous weapon , except a hunting knife

 

adapted and carried as such, concealed on or about his or her

 

person, or whether concealed or otherwise in any vehicle operated

 

or occupied by the person, except in his or her dwelling house, in

 

his or her place of business, or on other land possessed by the

 

person.

     (2) Subsection (1) does not apply to either of the following:

 

     (a) A firearm.

 

     (b) A hunting knife adapted and carried as a hunting knife.

 

     (3) (2) A person who is prohibited by state or federal law

 

from possessing a firearm shall not carry a pistol concealed on or

 

about his or her person, or, whether concealed or otherwise, in a

 

vehicle operated or occupied by the person. , except in his or her

 

dwelling house, place of business, or on other land possessed by

 

the person, without a license to carry the pistol as provided by

 

law and if licensed, shall not carry the pistol in a place or

 

manner inconsistent with any restrictions upon such license.

 

     (4) (3) A person who violates this section is guilty of a

 

felony , punishable by imprisonment for not more than 5 years , or

 

by a fine of not more than $2,500.00.

 

     Sec. 227b. (1) A person who carries or has in his or her

 

possession a firearm when he or she commits or attempts to commit a

 

felony, except a violation of section 223, 227, 227a, or 230, is

 

guilty of a felony and shall be punished by imprisonment for 2

 

years. Upon a second conviction under this subsection, the person

 

shall be punished by imprisonment for 5 years. Upon a third or

 

subsequent conviction under this subsection, the person shall be

 

punished by imprisonment for 10 years.

 

     (2) A person who carries or has in his or her possession a

 

pneumatic gun and uses that pneumatic gun in furtherance of

 

committing or attempting to commit a felony, except a violation of

 

section 223, 227, 227a, or 230, is guilty of a felony and shall be

 

punished by imprisonment for 2 years. Upon a second conviction

under this subsection, the person shall be punished by imprisonment

 

for 5 years. Upon a third or subsequent conviction under this

 

subsection, the person shall be punished by imprisonment for 10

 

years.

 

     (3) A term of imprisonment prescribed by this section is in

 

addition to the sentence imposed for the conviction of the felony

 

or the attempt to commit the felony and shall be served

 

consecutively with and preceding any term of imprisonment imposed

 

for the conviction of the felony or attempt to commit the felony.

 

     (4) A term of imprisonment imposed under this section shall

 

not be suspended. The person subject to the sentence mandated by

 

this section is not eligible for parole or probation during the

 

mandatory term imposed under subsection (1) or (2).

 

     (5) This section does not apply to a law enforcement officer

 

who is authorized to carry a firearm while in the official

 

performance of his or her duties and who is in the performance of

 

those duties. As used in this subsection, "law enforcement officer"

 

means a person who is regularly employed as a member of a duly

 

authorized police agency or other organization of the United

 

States, this state, or a city, county, township, or village of this

 

state and who is responsible for the prevention and detection of

 

crime and the enforcement of the general criminal laws of this

 

state.

 

     Sec. 230. A person who shall wilfully willfully alter, remove,

 

or obliterate the name of the maker, model, manufacturer's number,

 

or other mark of identity of a pistol or other firearm, shall be is

 

guilty of a felony , punishable by imprisonment for not more than 2

years or fine of not more than $1,000.00. Possession of a firearm

 

upon which the number shall have has been altered, removed, or

 

obliterated, other than an antique firearm as defined by section

 

231a(2)(a) or (b), shall be 237a is presumptive evidence that the

 

possessor has altered, removed, or obliterated the same.

 

     Sec. 237a. (1) An individual who engages in conduct proscribed

 

under section 224, 224a, 224b, 224c, 224e, 226, 227, 227a, 227f,

 

234a, 234b, or 234c, or who engages in conduct proscribed under

 

section 223(2) for a second or subsequent time, in a weapon free

 

school zone is guilty of a felony punishable by 1 or more of the

 

following:

 

     (a) Imprisonment for not more than the maximum term of

 

imprisonment authorized for the section violated.

 

     (b) Community service for not more than 150 hours.

 

     (c) A fine of not more than 3 times the maximum fine

 

authorized for the section violated.

 

     (2) An individual who engages in conduct proscribed under

 

section 223(1), 224d, 226a, 227c, 227d, 231c, 232a(1) or (4), 233,

 

234, 234e, 234f, 235, 236, or 237, or who engages in conduct

 

proscribed under section 223(2) for the first time, in a weapon

 

free school zone is guilty of a misdemeanor punishable by 1 or more

 

of the following:

 

     (a) Imprisonment for not more than the maximum term of

 

imprisonment authorized for the section violated or 93 days,

 

whichever is greater.

 

     (b) Community service for not more than 100 hours.

 

     (c) A fine of not more than $2,000.00 or the maximum fine

authorized for the section violated, whichever is greater.

 

     (3) Subsections (1) and (2) do not apply to conduct proscribed

 

under a section enumerated in those subsections to the extent that

 

the proscribed conduct is otherwise exempted or authorized under

 

this chapter.

 

     (4) Except as provided in subsection (5), an individual who

 

possesses a weapon in a weapon free school zone is guilty of a

 

misdemeanor punishable by 1 or more of the following:

 

     (a) Imprisonment for not more than 93 days.

 

     (b) Community service for not more than 100 hours.

 

     (c) A fine of not more than $2,000.00.

 

     (5) Subsection (4) does not apply to any of the following:

 

     (a) An individual employed by or contracted by a school if the

 

possession of that weapon is to provide security services for the

 

school.

 

     (b) A peace officer.

 

     (c) An individual licensed by this state or another state to

 

carry a concealed weapon.

 

     (d) An individual who possesses a weapon provided by a school

 

or a school's instructor on school property for purposes of

 

providing or receiving instruction in the use of that weapon.

 

     (e) An individual who possesses a firearm on school property

 

if that possession is with the permission of the school's principal

 

or an agent of the school designated by the school's principal or

 

the school board.

 

     (f) An individual who is 18 years of age or older who is not a

 

student at the school and who possesses a firearm on school

property while transporting a student to or from the school if any

 

of the following apply:

 

     (i) The individual is carrying an antique firearm, completely

 

unloaded, in a wrapper or container in the trunk of a vehicle while

 

en route to or from a hunting or target shooting area or function

 

involving the exhibition, demonstration, or sale of antique

 

firearms.

 

     (ii) The individual is carrying a firearm unloaded in a

 

wrapper or container in the trunk of the person's individual's

 

vehicle, while in possession of a valid Michigan hunting license or

 

proof of valid membership in an organization having shooting range

 

facilities, and while en route to or from a hunting or target

 

shooting area.

 

     (iii) The person individual is carrying a firearm unloaded in

 

a wrapper or container in the trunk of the person's individual's

 

vehicle from the place of purchase to his or her home or place of

 

business or to a place of repair or back to his or her home or

 

place of business, or in moving goods from one place of abode or

 

business to another place of abode or business.

 

     (iv) The person individual is carrying an unloaded firearm in

 

the passenger compartment of a vehicle that does not have a trunk,

 

if the person individual is otherwise complying with the

 

requirements of subparagraph (ii) or (iii) and the wrapper or

 

container is not readily accessible to the occupants of the

 

vehicle.

 

     (6) As used in this section:

 

     (a) "Antique firearm" means either of the following:

     (i) A firearm not designed or redesigned for using rimfire or

 

conventional center fire ignition with fixed ammunition and

 

manufactured in or before 1898, including a matchlock, flintlock,

 

percussion cap, or similar type of ignition system or a replica of

 

such a firearm, whether actually manufactured before or after the

 

year 1898.

 

     (ii) A firearm using fixed ammunition manufactured in or

 

before 1898, for which ammunition is no longer manufactured in the

 

United States and is not readily available in the ordinary channels

 

of commercial trade.

 

     (b) "School" means a public, private, denominational, or

 

parochial school offering developmental kindergarten, kindergarten,

 

or any grade from 1 through 12.

 

     (c) "School property" means a building, playing field, or

 

property used for school purposes to impart instruction to children

 

or used for functions and events sponsored by a school, except a

 

building used primarily for adult education or college extension

 

courses.

 

     (d) "Weapon" includes, but is not limited to, a pneumatic gun.

 

     (e) "Weapon free school zone" means school property and a

 

vehicle used by a school to transport students to or from school

 

property.

 

     Enacting section 1. Sections 227a and 231a of the Michigan

 

penal code, 1931 PA 328, MCL 750.227a and 750.231a, are repealed.

 

     Enacting section 2. This amendatory act takes effect 90 days

 

after the date it is enacted into law.