HOUSE BILL No. 4772

 

July 14, 2015, Introduced by Rep. Gamrat and referred to the Committee on Judiciary.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending section 237a (MCL 750.237a), as amended by 2015 PA 26;

 

and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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, 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.

 

     (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 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.

 

     (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 223, 227, 227a, 227c, 227d, 228,

 

231, 231a, 232a, and 234d of the Michigan penal code, 1931 PA 328,

 

MCL 750.223, 750.227, 750.227a, 750.227c, 750.227d, 750.228,

 

750.231, 750.231a, 750.232a, and 750.234d, are repealed.