Bill Text: MI HB5544 | 2011-2012 | 96th Legislature | Engrossed

---

Bill Title: Crimes; weapons; prohibitions against carrying certain weapons; revise. Amends secs. 226, 227 & 231 of 1931 PA 328 (MCL 750.226 et seq.) & repeals sec. 226a of 1931 PA 328 (MCL 750.226a).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-12-12 - Referred To Committee On Outdoor Recreation And Tourism [HB5544 Detail]

Download: Michigan-2011-HB5544-Engrossed.html

---

HB-5544, As Passed House, December 6, 2012

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5544

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending sections 226, 227, and 231 (MCL 750.226, 750.227, and

 

750.231), section 227 as amended by 1986 PA 8 and section 231 as

 

amended by 2006 PA 401.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 226. Carrying firearm or dangerous weapon with unlawful

 

intent—Any A person who, with intent to use the same unlawfully

 

against the person of another, goes armed with a pistol or other

 

firearm, or dagger, dirk, a razor , stiletto, or a knife, having a

 

blade over 3 inches in length, or any other dangerous or deadly

 

weapon or instrument, shall be is guilty of a felony , punishable

 

by imprisonment in the state prison for not more than 5 years or by

 

a fine of not more than 2,500 dollars.$2,500.00, or both.

 

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

 

stiletto, a double-edged nonfolding stabbing instrument knife of

 

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

 

adapted and carried as such , object designed, manufactured, or

 

intended to be used to cause death or injury to any person,

 

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, place of business or on other

 

land possessed by the person.This subsection does not apply to any

 

of the following:

 

     (a) A weapon carried by the person in his or her dwelling

 

house or place of business or on other land possessed by the

 

person.

 

     (b) A weapon carried in transit between locations described in

 

subdivision (a) that, unless the weapon is carried for a purpose

 

described in subdivision (c), is in a protective case and is

 

inaccessible to any person in the vehicle.

 

     (c) A weapon carried for hunting, fishing, or trapping

 

purposes or for use as a tool in the course of the person's trade

 

or occupation.

 

     (2) A person 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 that license.

 

     (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, or both.

 

     Sec. 231. (1) Except as provided in subsection (2), sections

 

224, 224a, 224b, 224d, 226a, 227, 227c, and 227d do not apply to

 

any of the following:

 

     (a) A peace officer of an authorized police agency of the

 

United States, of this state, or of a political subdivision of this

 

state, who is regularly employed and paid by the United States,

 

this state, or a political subdivision of this state.

 

     (b) A person who is regularly employed by the state department

 

of corrections and who is authorized in writing by the director of

 

the department of corrections to carry a concealed weapon while in

 

the official performance of his or her duties or while going to or

 

returning from those duties.

 

     (c) A person employed by a private vendor that operates a

 

youth correctional facility authorized under section 20g of the

 

corrections code of 1953, 1953 PA 232, MCL 791.220g, who meets the

 

same criteria established by the director of the state department

 

of corrections for departmental employees described in subdivision

 

(b) and who is authorized in writing by the director of the

 

department of corrections to carry a concealed weapon while in the

 

official performance of his or her duties or while going to or

 

returning from those duties.

 

     (d) A member of the United States army, air force, navy, or

 

marine corps or the United States coast guard while carrying

 

weapons in the line of or incidental to duty.

 

     (e) An organization authorized by law to purchase or receive

 

weapons from the United States or from this state.

 

     (f) A member of the national guard, armed forces reserve, the

 

United States coast guard reserve, or any other authorized military

 

organization while on duty or drill, or in going to or returning

 

from a place of assembly or practice, while carrying weapons used

 

for a purpose of the national guard, armed forces reserve, United

 

States coast guard reserve, or other duly authorized military

 

organization.

 

     (g) A security employee employed by the state and granted

 

limited arrest powers under section 6c of 1935 PA 59, MCL 28.6c.

 

     (h) A motor carrier officer appointed under section 6d of 1935

 

PA 59, MCL 28.6d.

 

     (2) As applied to section 224a(1) only, subsection (1) is does

 

not applicable apply to an individual included under subsection

 

(1)(a), (b), or (c) unless he or she has been trained on the use,

 

effects, and risks of using a portable device or weapon described

 

in section 224a(1).