Bill Text: MI HB5535 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Weapons; other; purchase and possession of stun guns; allow for individuals over age 21. Amends sec. 224a of 1931 PA 328 (MCL 750.224a).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-02-22 - Referred To Committee On Tax Policy [HB5535 Detail]

Download: Michigan-2017-HB5535-Introduced.html

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HOUSE BILL No. 5535

 

 

February 8, 2018, Introduced by Rep. Hoitenga and referred to the Committee on Judiciary.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending section 224a (MCL 750.224a), as amended by 2012 PA 122.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 224a. (1) Except as otherwise provided in this section, a

 

person shall not sell, offer for sale, or possess in this state a

 

portable device or weapon from which an electrical current,

 

impulse, wave, or beam may be directed, which current, impulse,

 

wave, or beam is designed to incapacitate temporarily, injure, or

 

kill.

 

     (2) This section does not prohibit any of the following:

 

     (a) The possession and reasonable use of a stun gun by an

 

individual 21 years of age or older.

 

     (b) (a) The possession and reasonable use of a device that

 

uses electro-muscular disruption technology by a peace officer, or

by any of the following individuals if the individual has been

 

trained in the use, effects, and risks of the device, and is using

 

the device while performing his or her official duties:

 

     (i) An employee of the department of corrections who is

 

authorized in writing by the director of the department of

 

corrections to possess and use the device.

 

     (ii) A local corrections officer authorized in writing by the

 

county sheriff to possess and use the device.

 

     (iii) An individual employed by a local unit of government

 

that utilizes a jail or lockup facility who has custody of persons

 

detained or incarcerated in the jail or lockup facility and who is

 

authorized in writing by the chief of police, director of public

 

safety, or sheriff to possess and use the device.

 

     (iv) A probation officer.

 

     (v) A court officer.

 

     (vi) A bail agent authorized under section 167b.

 

     (vii) A licensed private investigator.

 

     (viii) An aircraft pilot or aircraft crew member.

 

     (ix) An individual employed as a private security police

 

officer. As used in this subparagraph, "private security police"

 

means that term as defined in section 2 of the private security

 

business and security alarm act, 1968 PA 330, MCL 338.1052.

 

     (c) (b) The possession and reasonable use of a device that

 

uses electro-muscular disruption technology by an individual who

 

holds a valid license to carry a concealed pistol under section 5b

 

of 1927 PA 372, MCL 28.425, MCL 28.425b, and who has been trained

 

under subsection (5) in the use, effects, and risks of the device.

     (d) (c) Possession solely for the purpose of delivering a

 

device described in subsection (1) to any governmental agency or to

 

a laboratory for testing, with the prior written approval of the

 

governmental agency or law enforcement agency and under conditions

 

determined to be appropriate by that agency.

 

     (3) A manufacturer, authorized importer, or authorized dealer

 

may demonstrate, offer for sale, hold for sale, sell, give, lend,

 

or deliver a stun gun or a device that uses electro-muscular

 

disruption technology to a person authorized to possess a stun gun

 

or a device that uses electro-muscular disruption technology and

 

may possess a stun gun or a device that uses electro-muscular

 

disruption technology for any of those purposes.

 

     (4) A person who violates subsection (1) is guilty of a felony

 

punishable by imprisonment for not more than 4 years or a fine of

 

not more than $2,000.00, or both.

 

     (5) An authorized dealer or other person who sells a device

 

that uses electro-muscular disruption technology to an individual

 

described in subsection (2)(b) (2)(c) shall verify the individual's

 

identity and verify that the individual holds a valid concealed

 

pistol license issued under section 5b of 1927 PA 372, MCL 28.425b,

 

and shall provide to the individual purchasing the device, at the

 

time of the sale, training on the use, effects, and risks of the

 

device. A person who violates this subsection is guilty of a

 

misdemeanor punishable by imprisonment for not more than 30 days or

 

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

 

     (6) An individual described in subsection (2) shall not use a

 

stun gun or a device that uses electro-muscular disruption

technology against another person individual except under

 

circumstances that would justify the individual's lawful use of

 

physical force. An individual who violates this subdivision

 

subsection is guilty of a misdemeanor punishable by imprisonment

 

for not more than 2 years or a fine of not more than $2,000.00, or

 

both.

 

     (7) As used in this section:

 

     (a) "A device that uses electro-muscular disruption

 

technology" means a device to which both of the following apply:

 

     (i) The device is capable of creating an electro-muscular

 

disruption and is used or intended to be used as a defensive device

 

capable of temporarily incapacitating or immobilizing a person an

 

individual by the direction or emission of conducted energy.

 

     (ii) The device contains an identification and tracking system

 

that, when the device is initially used, dispenses coded material

 

traceable to the purchaser through records kept by the

 

manufacturer, and the manufacturer of the device has a policy of

 

providing that identification and tracking information to a police

 

agency upon written request by that agency. However, this

 

subdivision does not apply to a launchable device that is used only

 

by law enforcement agencies.

 

     (b) "Local corrections officer" means that term as defined in

 

section 2 of the local corrections officers training act, 2003 PA

 

125, MCL 791.532.

 

     (c) "Peace officer" means any of the following:

 

     (i) A police officer or public safety officer of this state or

 

a political subdivision of this state, including motor carrier

officers appointed under section 6d of 1935 PA 59, MCL 28.6d, and

 

security personnel employed by the state under section 6c of 1935

 

PA 59, MCL 28.6c.

 

     (ii) A sheriff or a sheriff's deputy.

 

     (iii) A police officer or public safety officer of a junior

 

college, college, or university who is authorized by the governing

 

board of that junior college, college, or university to enforce

 

state law and the rules and ordinances of that junior college,

 

college, or university.

 

     (iv) A township constable.

 

     (v) A marshal of a city, village, or township.

 

     (vi) A conservation officer of the department of natural

 

resources or the department of environmental quality.

 

     (vii) A reserve peace officer, as that term is defined in

 

section 1 of 1927 PA 372, MCL 28.421.

 

     (viii) A law enforcement officer of another state or of a

 

political subdivision of another state or a junior college,

 

college, or university in another state, substantially

 

corresponding to a law enforcement officer described in

 

subparagraphs (i) to (vii).

 

     (ix) A federal law enforcement officer.

 

     (d) "Stun gun" means a device that is capable of creating an

 

electro-muscular disruption and is used or intended to be used as a

 

defensive device capable of temporarily incapacitating or

 

immobilizing an individual by the direction or emission of

 

conducted energy. Stun gun does not include a launchable device.