SB-0610, As Passed House, March 13, 2014

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 610

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending section 224b (MCL 750.224b), as amended by 2008 PA 196.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 224b. (1) A person shall not make, manufacture, sell,

 

offer for sale, transfer, or possess a short-barreled shotgun or a

 

short-barreled rifle.

 

     (2) A person who violates this section subsection (1) is

 

guilty of a felony punishable by imprisonment for not more than 5

 

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

 

     (3) This section does not apply to the sale, offering for

 

sale, or possession of a short-barreled rifle or a short-barreled

 

shotgun which the secretary of the treasury of the United States of

 

America, or his or her delegate, under 26 USC, sections 5801

 

through 5872, or 18 USC, sections 921 through 928, has found to be

 

a curio, relic, antique, museum piece, or collector's item not

 

likely to be used as a weapon, but only if the person selling,

 

offering for sale or possessing the firearm has also fully complied

 

with section 2 or 2a of 1927 PA 372, MCL 28.422 and 28.422a.

 

     (3) Subsection (1) does not apply to a short-barreled shotgun

 

or short-barreled rifle that is lawfully made, manufactured,

 

transferred, or possessed under federal law.

 

     (4) A person, excluding a manufacturer, lawfully making,

 

transferring, or possessing a short-barreled shotgun or short-

 

barreled rifle that is 26 inches or less in length under this

 

section shall comply with section 2 or 2a of 1927 PA 372, MCL

 

28.422 and 28.422a.

 

     (5) A person who possesses a short-barreled shotgun or short-

 

barreled rifle that is greater than 26 inches in length under this

 

section shall possess a copy of the federal registration of that

 

short-barreled shotgun or short-barreled rifle while transporting

 

or using that short-barreled shotgun or short-barreled rifle and

 

shall present that federal registration to a peace officer upon

 

request by that peace officer.

 

     (6) A person who violates subsection (5) is responsible for a

 

state civil infraction and may be fined not more than $100.00. A

 

short-barreled shotgun or short-barreled rifle carried in violation

 

of subsection (5) is subject to immediate seizure by a peace

 

officer. If a peace officer seizes a short-barreled shotgun or

 

short-barreled rifle under this subsection, the person has 45 days

 

in which to display the federal registration to an authorized

 

employee of the law enforcement entity that employs the peace

 

officer. If the person displays the federal registration to an

 

authorized employee of the law enforcement entity that employs the

 

peace officer within the 45-day period, the authorized employee of

 

that law enforcement entity shall return the short-barreled shotgun

 

or short-barreled rifle to the person unless the person is

 

prohibited by law from possessing a firearm. If the person does not

 

display the federal registration within the 45-day period, the

 

short-barreled shotgun or short-barreled rifle is subject to

 

seizure and forfeiture in the same manner that property is subject

 

to seizure and forfeiture under sections 4701 to 4709 of the

 

revised judicature act of 1961, 1961 PA 236, MCL 600.4701 to

 

600.4709.

 

     (7) Section 20 of chapter 16 XVI of the code of criminal

 

procedure, 1927 PA 175, MCL 776.20, applies to this subsection (3).