HB-4155, As Passed House, February 26, 2015

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4155

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending sections 222, 226, 227b, 227c, 227d, 237a, and 528a

 

(MCL 750.222, 750.226, 750.227b, 750.227c, 750.227d, 750.237a, and

 

750.528a), section 222 as amended by 2012 PA 242, section 227b as

 

amended by 1990 PA 321, sections 227c and 227d as added by 1981 PA

 

103, section 237a as added by 1994 PA 158, 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 any weapon from which a dangerous will,

 

is designed to, or may readily be converted to expel a projectile

 

may be propelled by action of 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, 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) "Pneumatic gun" means that term as defined in section 1 of

 

1990 PA 319, MCL 123.1101.

 

     (g) (f) "Purchaser" means a person who receives a pistol from

 

another person by purchase, gift, or loan.

 

     (h) "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.

 

     (i) (g) "Seller" means a person who sells, furnishes, loans,

 

or gives a pistol to another person.

 

     (j) "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.

 

     (k) "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.

 

     (l) (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. 226. (1) Carrying firearm or dangerous weapon with

 

unlawful intent—Any A person who, shall not, with intent to use the

 

same unlawfully against the person of another, goes go armed with a

 

pistol or other firearm, or a pneumatic gun, dagger, dirk, razor,

 

stiletto, or knife having a blade over 3 inches in length, or any

 

other dangerous or deadly weapon or instrument. , shall be

 

     (2) A person who violates this section 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.

 

     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, section 227, 227a, or

 

230, is guilty of a felony , and shall be imprisoned punished by

 

imprisonment for 2 years. Upon a second conviction under this

 

section, subsection, the person shall be imprisoned punished by

 

imprisonment for 5 years. Upon a third or subsequent conviction

 

under this subsection, the person shall be imprisoned 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) (2) 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) (3) 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 pursuant to under subsection (1) or (2).

 

     (5) (4) 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. 227c. (1) Except as otherwise permitted by law, a person

 

shall not transport or possess in or upon a sailboat or a motor

 

vehicle, aircraft, motorboat, or any other vehicle propelled by

 

mechanical means , a either of the following:

 

     (a) A firearm, other than a pistol, which that is loaded.

 

     (b) A pneumatic gun that is loaded and that is designed,

 

manufactured, and intended to inflict death or serious bodily

 

injury.

 

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

 

misdemeanor , punishable by imprisonment for not more than 2 years

 

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

 

     (3) This section does not apply to a person who violates

 

section 10(1)(g) of chapter II of Act No. 286 of the Public Acts of

 

1929, as amended, being section 312.10 of the Michigan Compiled

 

Laws.

 

     Sec. 227d. (1) Except as otherwise permitted by law, a person

 

shall not transport or possess in or upon a motor vehicle or any

 

self-propelled vehicle designed for land travel a either of the

 

following:

 

     (a) A firearm, other than a pistol, unless the firearm is

 

unloaded and is 1 or more of the following:

 

     (i) (a) Taken down.

 

     (ii) (b) Enclosed in a case.

 

     (iii) (c) Carried in the trunk of the vehicle.

 

     (iv) (d) Inaccessible from the interior of the vehicle.

 

     (b) A pneumatic gun that is designed, manufactured, and

 

intended to inflict death or serious bodily injury unless the

 

pneumatic gun is unloaded and is 1 or more of the following:

 

     (i) Taken down.

 

     (ii) Enclosed in a case.

 

     (iii) Carried in the trunk of the vehicle.

 

     (iv) Inaccessible from the interior of the vehicle.

 

     (2) A person who violates this section 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.

 

     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 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 is carrying a firearm unloaded in a wrapper or

 

container in the trunk of the person'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 is carrying an unloaded firearm in the

 

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

 

the person 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) (d) "Weapon free school zone" means school property and a

 

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

 

property.

 

     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 that causes an immediate danger to, or

 

which that 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 that consists

 

of or includes a breakable container containing a flammable liquid

 

or compound and a wick composed of any material which, that, if

 

ignited, is capable of igniting the flammable liquid or compound;

 

and which that may be carried or thrown by a person.

 

     (c) "Firearm" means any weapon from which a dangerous will, is

 

designed to, or may readily be converted to expel a projectile may

 

be propelled by using explosives, gas, or air as a means of

 

propulsion; 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 designed and manufactured exclusively for propelling BB's

 

not exceeding .177 caliber by means of spring, gas, or air.by

 

action of an explosive.

 

     (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

House Bill No. 4155 as amended February 25, 2015

 

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 that firearm or device in, or in

 

furtherance of, a civil disorder.

 

     (4) This section shall does not apply to any act of a law

 

enforcement officer which that 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.

 

     Enacting section 1. This amendatory act takes effect [July 1,

 

 2015.       

 

     Enacting section 2. This amendatory act does not take effect

 

unless all of the following bills of the 98th Legislature are enacted

 

into law:

     (a) Senate Bill No. 85.

     (b) House Bill No. 4151.

     (c) House Bill No. 4152.

     (d) House Bill No. 4153.

     (e) House Bill No. 4154.

     (f) House Bill No. 4156.]