SB-0610, As Passed House, March 13, 2014
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 610
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 224b (MCL 750.224b), as amended by 2008 PA 196.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
224b. (1) A person shall not make,
manufacture, sell,
offer
for sale, transfer, or possess a short-barreled shotgun or a
short-barreled rifle.
(2)
A person who violates this section subsection (1) is
guilty of a felony punishable by imprisonment for not more than 5
years or a fine of not more than $2,500.00, or both.
(3)
This section does not apply to the sale, offering for
sale,
or possession of a short-barreled rifle or a short-barreled
shotgun
which the secretary of the treasury of the United States of
America,
or his or her delegate, under 26 USC, sections 5801
through
5872, or 18 USC, sections 921 through 928, has found to be
a
curio, relic, antique, museum piece, or collector's item not
likely
to be used as a weapon, but only if the person selling,
offering
for sale or possessing the firearm has also fully complied
with
section 2 or 2a of 1927 PA 372, MCL 28.422 and 28.422a.
(3) Subsection (1) does not apply to a short-barreled shotgun
or short-barreled rifle that is lawfully made, manufactured,
transferred, or possessed under federal law.
(4) A person, excluding a manufacturer, lawfully making,
transferring, or possessing a short-barreled shotgun or short-
barreled rifle that is 26 inches or less in length under this
section shall comply with section 2 or 2a of 1927 PA 372, MCL
28.422 and 28.422a.
(5) A person who possesses a short-barreled shotgun or short-
barreled rifle that is greater than 26 inches in length under this
section shall possess a copy of the federal registration of that
short-barreled shotgun or short-barreled rifle while transporting
or using that short-barreled shotgun or short-barreled rifle and
shall present that federal registration to a peace officer upon
request by that peace officer.
(6) A person who violates subsection (5) is responsible for a
state civil infraction and may be fined not more than $100.00. A
short-barreled shotgun or short-barreled rifle carried in violation
of subsection (5) is subject to immediate seizure by a peace
officer. If a peace officer seizes a short-barreled shotgun or
short-barreled rifle under this subsection, the person has 45 days
in which to display the federal registration to an authorized
employee of the law enforcement entity that employs the peace
officer. If the person displays the federal registration to an
authorized employee of the law enforcement entity that employs the
peace officer within the 45-day period, the authorized employee of
that law enforcement entity shall return the short-barreled shotgun
or short-barreled rifle to the person unless the person is
prohibited by law from possessing a firearm. If the person does not
display the federal registration within the 45-day period, the
short-barreled shotgun or short-barreled rifle is subject to
seizure and forfeiture in the same manner that property is subject
to seizure and forfeiture under sections 4701 to 4709 of the
revised judicature act of 1961, 1961 PA 236, MCL 600.4701 to
600.4709.
(7) Section
20 of chapter 16 XVI of the code of criminal
procedure,
1927 PA 175, MCL 776.20, applies to this subsection (3).