HB-5092, As Passed House, March 13, 2014

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5092

 

 

(as amended March 12, 2014)

 

 

 

 

 

 

 

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending section 222 (MCL 750.222), as amended by 2012 PA 242.

 

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) "Brandish" means to [point, wave about, or display in a

 

 threatening manner with the intent to induce fear in another person.

 

                ]

 

     (d) (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.

 

     (e) (d) "Firearm" means a weapon from which a dangerous

 

projectile may be propelled by 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.

 

     (f) (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.

 

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

 

another person by purchase, gift, or loan.

 

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

 

or gives a pistol to another person.

 

     (i) (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.

 

     (j) (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.

 

     (k) (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.

 

     (l) (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.

 

     Enacting section 1. This amendatory act does not take effect

 

unless House Bill No. 5091 of the 97th Legislature is enacted into

 

law.