HB-4155, As Passed Senate, April 29, 2015

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4155

A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending sections 222, 226, 227b, 227c, 227d, 237a, and 528a

(MCL 750.222, 750.226, 750.227b, 750.227c, 750.227d, 750.237a, and

750.528a), section 222 as amended by 2012 PA 242, section 227b as

amended by 1990 PA 321, sections 227c and 227d as added by 1981 PA

103, section 237a as added by 1994 PA 158, 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.

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 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.~~

(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) "Pneumatic gun" means that term as defined in section 1 of

1990 PA 319, MCL 123.1101.

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

another person by purchase, gift, or loan.

(i) "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.

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

or gives a pistol to another person.

(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.

(l) "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.

(m) ~~(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. 226. (1) ~~Carrying firearm or dangerous weapon with~~

~~unlawful intent�Any~~ A person ~~who,~~ shall not, with intent to use the

same unlawfully against the person of another, ~~goes~~ go armed with a

pistol or other firearm, or a pneumatic gun, dagger, dirk, razor,

stiletto, or knife having a blade over 3 inches in length, or any

other dangerous or deadly weapon or instrument. ~~, shall be~~

(2) A person who violates this section is guilty of a felony ,

punishable by imprisonment ~~in the state prison~~ for not more than 5

years or by a fine of not more than ~~2,500 dollars.~~$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, ~~section~~ 227, 227a, or

230, is guilty of a felony , and shall be ~~imprisoned~~ punished by

imprisonment for 2 years. Upon a second conviction under this

~~section,~~ subsection, the person shall be ~~imprisoned~~ punished by

imprisonment for 5 years. Upon a third or subsequent conviction

under this subsection, the person shall be ~~imprisoned~~ 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) ~~(2)~~ 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) ~~(3)~~ 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 ~~pursuant to~~ under subsection (1) or (2).

(5) ~~(4)~~ 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. 227c. (1) Except as otherwise permitted by law, a person

shall not transport or possess in or upon a sailboat or a motor

vehicle, aircraft, motorboat, or any other vehicle propelled by

mechanical means ~~, a~~ either of the following:

(a) A firearm, other than a pistol, ~~which~~ that is loaded.

(b) A pneumatic gun that is loaded and expels a metallic bb or

metallic pellet greater than .177 caliber.

(2) A person who violates this section is guilty of a

misdemeanor , punishable by imprisonment for not more than 2 years

, or a fine of not more than $2,500.00, or both.

~~(3) This section does not apply to a person who violates~~

~~section 10(1)(g) of chapter II of Act No. 286 of the Public Acts of~~

~~1929, as amended, being section 312.10 of the Michigan Compiled~~

~~Laws.~~

Sec. 227d. (1) Except as otherwise permitted by law, a person

shall not transport or possess in or upon a motor vehicle or any

self-propelled vehicle designed for land travel a either of the

following:

(a) A firearm, other than a pistol, unless the firearm is

unloaded and is 1 or more of the following:

(i) ~~(a)~~ Taken down.

(ii) ~~(b)~~ Enclosed in a case.

(iii) ~~(c)~~ Carried in the trunk of the vehicle.

(iv) ~~(d)~~ Inaccessible from the interior of the vehicle.

(b) A pneumatic gun that expels a metallic bb or metallic

pellet greater than .177 caliber unless the pneumatic gun is

unloaded and is 1 or more of the following:

(i) Taken down.

(ii) Enclosed in a case.

(iii) Carried in the trunk of the vehicle.

(iv) Inaccessible from the interior of the vehicle.

(2) A person who violates this section is guilty of a

misdemeanor , punishable by imprisonment for not more than 90 days

, or a fine of not more than $100.00, or both.

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 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 is carrying a firearm unloaded in a wrapper

or container in the trunk of the person'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 is carrying an unloaded firearm in the

passenger compartment of a vehicle that does not have a trunk, if

the person 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) ~~(d)~~ "Weapon free school zone" means school property and a

vehicle used by a school to transport students to or from school

property.

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~~ that causes an immediate danger to, or

~~which~~ that 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~~ that consists

of or includes a breakable container containing a flammable liquid

or compound and a wick composed of any material ~~which,~~ that, if

ignited, is capable of igniting the flammable liquid or compound;

and ~~which~~ that may be carried or thrown by a person.

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~~ that firearm or device in, or in

furtherance of, a civil disorder.

(4) This section ~~shall~~ does 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 July 1,

2015.

Enacting section 2. This amendatory act does not take effect

unless all of the following bills of the 98th Legislature are

enacted into law:

(a) Senate Bill No. 85.