Introduced by Senators HUNE, HILDENBRAND, PAVLOV and JONES.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 222 and 528a (MCL 750.222 and 750.528a),
section 222 as amended by 2012 PA 242 and section 528a as added by
1986 PA 113.
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 weapon designed and
manufactured
exclusively for propelling to
fire a projectile by a
spring,
or by gas, or air.
, BBs not exceeding .177 caliber.
(e) "Pistol" means a loaded or unloaded firearm that is 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. 528a. (1) As used in this section:
(a) "Civil disorder" means any public disturbance involving
the use of any firearm, explosive, or incendiary device by 3 or
more assembled persons which causes an immediate danger to, or
which results in damage or injury to, any property or person.
(b) "Explosive or incendiary device" means:
(i) Dynamite, gunpowder, or other similarly explosive
substance.
(ii) Any bomb, grenade, missile, or similar device designed to
expand suddenly and release internal energy resulting in an
explosion.
(iii) Any incendiary bomb or grenade, fire bomb, or similar
device designed to ignite, including any device which consists of
or includes a breakable container containing a flammable liquid or
compound and a wick composed of any material which, if ignited, is
capable of igniting the flammable liquid or compound; and which may
be carried or thrown by a person.
(c) "Firearm" means any weapon from which a dangerous
projectile
may be propelled by using explosives, gas, or air as a
means
of propulsion; an explosive; any weapon which may be readily
converted
to expel any projectile by the action of an explosive, or
the
frame or receiver of such a firearm or weapon, except any
smooth
bore rifle or handgun firearm
designed and manufactured
exclusively
for propelling BB's not exceeding .177 caliber to fire
a projectile by means of spring, gas, or air.
(d) "Law enforcement officer" means any of the following:
(i) Every sheriff or sheriff's deputy; village marshal or
township constable; officer of the police department of any city,
village, or township; any officer of the Michigan state police; or
any
peace officer who is trained and certified pursuant to Act No.
203
of the Public Acts of 1965, being sections 28.601 to 28.616 of
the
Michigan Compiled Laws.under
the commission on law enforcement
standards act, 1965 PA 203, MCL 28.601 to 28.616.
(ii) Any officer or employee of the United States, its
possessions, or territories who is authorized to enforce the laws
of the United States, its possessions, or its territories.
(iii) Any member of the national guard, coast guard, military
reserve, or the armed forces of the United States when acting in
his or her official capacity.
(2) A person shall not teach or demonstrate to another person
the use, application, or construction of any firearm, or any
explosive or incendiary device, if that person knows, has reason to
know, or intends that what is taught or demonstrated will be used
in, or in furtherance of, a civil disorder.
(3) A person shall not assemble with 1 or more persons for the
purpose of training with, practicing with, or being instructed in
the use of any firearm, or any explosive or incendiary device, if
that person intends to use such a firearm or device in, or in
furtherance of, a civil disorder.
(4) This section shall not apply to any act of a law
enforcement officer which is performed in the lawful performance of
his or her official duties as a law enforcement officer, or any
activity of any hunting club, rifle club, rifle range, pistol
range, shooting range, or other program or individual instruction
intended to teach the safe handling or use of firearms, archery
equipment, or other weapons or techniques employed in connection
with lawful sports, self-defense, or other lawful activities.
(5) A person who violates this section is guilty of a felony.