Bill Text: MI HB4502 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Weapons; firearms; definition of pistol; modify. Amends secs. 222 & 223 of 1931 PA 328 (MCL 750.222 & 750.223). TIE BAR WITH: HB 4501'09
Spectrum: Slight Partisan Bill (Democrat 6-3)
Status: (Introduced - Dead) 2009-06-17 - Referred To Committee On Judiciary [HB4502 Detail]
Download: Michigan-2009-HB4502-Engrossed.html
HB-4502, As Passed House, June 16, 2009
SUBSTITUTE FOR
HOUSE BILL NO. 4502
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 222 and 223 (MCL 750.222 and 750.223), section
222 as amended by 2001 PA 135 and section 223 as amended by 1992 PA
221.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 222. As used in this chapter:
(a) "Alcoholic liquor" means that term as defined in section
105 of the Michigan liquor control code of 1998, 1998 PA 58, MCL
436.1105.
(b) "Barrel length" means the internal length of a firearm as
measured from the face of the closed breech of the firearm when it
is unloaded, to the forward face of the end of the barrel.
(c) "Controlled substance" means a controlled substance or
controlled substance analogue as those terms are defined in section
7104 of the public health code, 1978 PA 368, MCL 333.7104.
(d) "Firearm" means a weapon from which a dangerous projectile
may be propelled by an explosive, or by gas or air. Firearm does
not include a smooth bore rifle or handgun designed and
manufactured exclusively for propelling by a spring, or by gas or
air,
BB's BBs not exceeding .177 caliber.
(e)
"Pistol" means a loaded or unloaded firearm that is 30 26
inches or less in length, or a loaded or unloaded firearm that by
its construction and appearance conceals itself as a firearm.
(f) "Purchaser" means a person who receives a pistol from
another person by purchase, gift, or loan.
(g) "Seller" means a person who sells, furnishes, loans, or
gives a pistol to another person.
(h) "Shotgun" means a firearm designed or redesigned, made or
remade, and intended to be fired from the shoulder and designed or
redesigned and made or remade to use the energy of the explosive in
a fixed shotgun shell to fire through a smooth bore either a number
of ball shot or a single projectile for each single function of the
trigger.
(i) "Short-barreled shotgun" means a shotgun having 1 or more
barrels less than 18 inches in length or a weapon made from a
shotgun, whether by alteration, modification, or otherwise, if the
weapon as modified has an overall length of less than 26 inches.
(j) "Rifle" means a firearm designed or redesigned, made or
remade, and intended to be fired from the shoulder and designed or
redesigned and made or remade to use the energy of the explosive in
a fixed metallic cartridge to fire only a single projectile through
a rifled bore for each single pull of the trigger.
(k) "Short-barreled rifle" means a rifle having 1 or more
barrels less than 16 inches in length or a weapon made from a
rifle, whether by alteration, modification, or otherwise, if the
weapon as modified has an overall length of less than 26 inches.
Sec. 223. (1) A person who knowingly sells a pistol without
complying
with section 2 of Act No. 372 of the Public Acts of 1927,
as
amended, being section 28.422 of the Michigan Compiled Laws 1927
PA 372, MCL 28.422, is guilty of a misdemeanor, punishable by
imprisonment for not more than 90 days, or a fine of not more than
$100.00, or both.
(2)
A person who knowingly sells a firearm more than 30 26
inches in length to a person under 18 years of age is guilty of a
misdemeanor, punishable by imprisonment for not more than 90 days,
or a fine of not more than $500.00, or both. A second or subsequent
violation of this subsection is a felony punishable by imprisonment
for not more than 4 years, or a fine of not more than $2,000.00, or
both. It is an affirmative defense to a prosecution under this
subsection that the person who sold the firearm asked to see and
was shown a driver's license or identification card issued by a
state that identified the purchaser as being 18 years of age or
older.
(3) A seller shall not sell a firearm or ammunition to a
person if the seller knows that either of the following
circumstances exists:
(a) The person is under indictment for a felony. As used in
this subdivision, "felony" means a violation of a law of this
state, or of another state, or of the United States that is
punishable by imprisonment for 4 years or more.
(b) The person is prohibited under section 224f from
possessing, using, transporting, selling, purchasing, carrying,
shipping, receiving, or distributing a firearm.
(4) A person who violates subsection (3) is guilty of a
felony, punishable by imprisonment for not more than 10 years, or
by a fine of not more than $5,000.00, or both.
(5) As used in this section, "licensed dealer" means a person
licensed
under section 923 of chapter 44 of title 18 of the United
States
Code 18 USC 923 who regularly buys and sells firearms as a
commercial activity with the principal objective of livelihood and
profit.
Enacting section 1. This amendatory act takes effect January
1, 2010.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 95th Legislature are
enacted into law:
(a) House Bill No. 4501.
(b) Senate Bill No. _____ or House Bill No. 5038.
