SB-0965, As Passed Senate, September 24, 2014

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 965

 

 

 

 

 

 

 

 

 

     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 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) "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 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

 

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 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 January

 

1, 2015.