Bill Text: MI HB4161 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Weapons; other; definition of brandish; provide for. Amends sec. 222 of 1931 PA 328 (MCL 750.222). TIE BAR WITH: HB 4160'15
Spectrum: Moderate Partisan Bill (Republican 16-2)
Status: (Passed) 2015-05-13 - Assigned Pa 28'15 With Immediate Effect [HB4161 Detail]
Download: Michigan-2015-HB4161-Introduced.html
HOUSE BILL No. 4161
February 5, 2015, Introduced by Reps. Hughes, Johnson, Chatfield, Cox, Hooker, Goike, Yonker, Glardon, Outman, Bizon, Runestad, Canfield, Kelly, Webber, Glenn, Maturen, Kivela and Derek Miller and referred to the Committee on Judiciary.
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 intentionally point, wave about, or
display in a threatening manner that would induce fear in a
reasonable 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) "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.
(i) (g)
"Seller" means a person
who sells, furnishes, loans,
or gives a pistol to another person.
(j) (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.
(k) (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.
(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 takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 4160 (request no.
01269'15) of the 98th Legislature is enacted into law.
