Bill Text: MI HB4770 | 2019-2020 | 100th Legislature | Introduced

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Bill Title: Weapons; firearms; certain provisions regarding weapons; repeal. Amends secs. 231 & 237a of 1931 PA 328 (MCL 750.231 & 750.237a) & repeals secs. 227, 227a, 227c, 227d, 231a & 234d of 1931 PA 328 (MCL 750.227 et seq.).

Spectrum: Strong Partisan Bill (Republican 15-1)

Status: (Introduced - Dead) 2019-10-22 - Referred To Committee On Judiciary [HB4770 Detail]

Download: Michigan-2019-HB4770-Introduced.html

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HOUSE BILL No. 4770

 

 

June 20, 2019, Introduced by Reps. Steven Johnson, Hoitenga, Maddock, Reilly, Slagh, Bellino, Wozniak, Hall, Hornberger, Paquette, Meerman, Miller, Chirkun, LaFave, Green and Lower and referred to the Committee on Military, Veterans and Homeland Security.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending sections 231 and 237a (MCL 750.231 and 750.237a), as

 

amended by 2017 PA 96; and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 231. (1) Except as provided in subsection (2), sections

 

224, 224a, 224b, and 224d , 227, 227c, and 227d do not apply to any

 

of the following:

 

     (a) A peace officer of an authorized police agency of the

 

United States, of this state, or of a political subdivision of this

 

state, who is regularly employed and paid by the United States,

 

this state, or a political subdivision of this state.

 

     (b) A person who is regularly employed by the state department

 

of corrections and who is authorized in writing by the director of

 

the department of corrections to carry a concealed weapon while in

the official performance of his or her duties or while going to or

 

returning from those duties.

 

     (c) A person employed by a private vendor that operates a

 

youth correctional facility authorized under section 20g of the

 

corrections code of 1953, 1953 PA 232, MCL 791.220g, who meets the

 

same criteria established by the director of the state department

 

of corrections for departmental employees described in subdivision

 

(b) and who is authorized in writing by the director of the

 

department of corrections to carry a concealed weapon while in the

 

official performance of his or her duties or while going to or

 

returning from those duties.

 

     (d) A member of the United States Army, Air Force, Navy, or

 

Marine Corps or the United States Coast Guard while carrying

 

weapons in the line of or incidental to duty.

 

     (e) An organization authorized by law to purchase or receive

 

weapons from the United States or from this state.

 

     (f) A member of the National Guard, United States Armed Forces

 

Reserve, the United States Coast Guard Reserve, or any other

 

authorized military organization while on duty or drill, or in

 

going to or returning from a place of assembly or practice, while

 

carrying weapons used for a purpose of the National Guard, United

 

States Armed Forces Reserve, United States Coast Guard Reserve, or

 

other duly authorized military organization.

 

     (g) A security employee employed by the state and granted

 

limited arrest powers under section 6c of 1935 PA 59, MCL 28.6c.

 

     (h) A motor carrier officer appointed under section 6d of 1935

 

PA 59, MCL 28.6d.

     (2) As applied to section 224a(1) only, subsection (1) is not

 

applicable to an individual included under subsection (1)(a), (b),

 

or (c) unless he or she has been trained on the use, effects, and

 

risks of using a portable device or weapon described in section

 

224a(1).

 

     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.

 

     (c) A fine of not more than 3 times the maximum fine

 

authorized for the section violated.

 

     (2) An individual who engages in conduct proscribed under

 

section 223(1), 224d, 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.

 

     (c) A fine of not more than $2,000.00 or the maximum fine

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.

 

     (c) A fine of not more than $2,000.00.

 

     (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.

 

     (c) An individual licensed by this state or another state to

 

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 individual'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 individual is carrying a firearm unloaded in a

 

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

 

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

 

the individual 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.

 

     (c) "School property" means a building, playing field, or

 

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) "Weapon free school zone" means school property and a

 

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

 

property.

 

     Enacting section 1. Sections 227, 227a, 227c, 227d, 231a, and

 

234d of the Michigan penal code, 1931 PA 328, MCL 750.227,

 

750.227a, 750.227c, 750.227d, 750.231a, and 750.234d are repealed.