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.

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.

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.

(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.

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.

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.