HB-4434, As Passed House, May 24, 2019

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4434

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending section 227 (MCL 750.227), as amended by 1986 PA 8.

 

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,

 

place of business, or on other land possessed by the person.

 

     (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 license.

 

     (3) A Except as otherwise provided in subsection (4) or (6), 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.

 

     (4) Subject to subsection (5), a person who violates

 

subsection (2) is subject to a civil fine of $330.00 if all of the

 

following apply:

 

     (a) The person's concealed pistol license issued under section

 

5b of 1927 PA 372, MCL 28.425b, expired not more than 1 year before

 

the date of the violation.

 

     (b) The person is eligible to obtain a concealed pistol

 

license under section 5b of 1927 PA 372, MCL 28.425b.

 

     (c) The violation is the person's first violation that occurs

 

during the 1-year period described in subdivision (a).

 

     (5) If, within 60 business days after a violation of

 

subsection (2), a person receives a renewal license under section

 

5l of 1927 PA 372, 28.425l, that person is not subject to a civil

 

fine under subsection (4).

 

     (6) A person who violates subsection (2) is guilty of a

 

misdemeanor punishable by imprisonment for not more than 90 days or

 

a fine of $500.00, or both, if all of the following apply:

 

     (a) The person's concealed pistol license issued under section

 

5b of 1927 PA 372, MCL 28.425b, expired not more than 1 year before

the date of the violation.

 

     (b) The person is eligible to obtain a concealed pistol

 

license under section 5b of 1927 PA 372, MCL 28.425b.

 

     (c) The violation is the person's second or subsequent

 

violation that occurs during the 1-year period described in

 

subdivision (a).