December 17, 2015, Introduced by Rep. Chatfield and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 226, 227, and 231 (MCL 750.226, 750.227, and
750.231), section 226 as amended by 2015 PA 26, section 227 as
amended by 1986 PA 8, and section 231 as amended by 2006 PA 401.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 226. (1) A person shall not, with intent to use the same
unlawfully against the person of another, go armed with a pistol or
other
firearm, or a pneumatic gun, dagger, dirk, a razor ,
stiletto,
or knife, having
a blade over 3 inches in length, or any
other dangerous or deadly weapon or instrument.
(2) A person who violates this section 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.
Sec.
227. (1) A person shall not carry a dagger, dirk,
stiletto,
a double-edged nonfolding stabbing
instrument knife of
any
length, or any other dangerous weapon, except a hunting knife
adapted
and carried as such , bladed object designed, manufactured,
or intended to be used to cause death or injury to any person,
concealed
on or about his or her person , or,
whether concealed or
otherwise, in
any vehicle operated or occupied by the person. ,
except
in his or her dwelling house, place of business or on other
land
possessed by the person.This
subsection does not apply to any
of the following:
(a) An object carried by the person in his or her dwelling
house or place of business or on other land possessed by the
person.
(b) An object carried in transit between locations described
in subdivision (a) that, unless the object is carried for a purpose
described in subdivision (c), is securely encased and is not
readily accessible for immediate use.
(c) An object carried in the course of hunting, fishing, or
trapping or for use as a tool in the course of the person's
occupation or hobby, if that hobby reasonably requires the use of
that object.
(2) A person shall not carry a pistol concealed on or about
his
or her person , or,
whether concealed or otherwise, in a
vehicle operated or occupied by the person, except in his or her
dwelling house, place of business, or on other land possessed by
the person, without a license to carry the pistol as provided by
law and, if licensed, shall not carry the pistol in a place or
manner
inconsistent with any restrictions upon such that license.
(3)
A person who violates this section is guilty of a felony ,
punishable
by imprisonment for not more than 5 years , or by a fine
of not more than $2,500.00, or both.
(4) As used in this section:
(a) "Readily accessible for immediate use" means an object
that is carried on the person or within close proximity to the
person and in a manner so that it can be retrieved and used as
easily and quickly as if carried on the person.
(b) "Securely encased" means that the object is fully enclosed
in a sheath, pouch, or case or the object is stored in a locked or
unlocked glove compartment.
Sec. 231. (1) Except as provided in subsection (2), sections
224, 224a, 224b, 224d, 226a, 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, Army,
Air
Force, Navy, or marine corps Marine Corps or the United States
coast
guard 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, armed forces reserve,
National Guard, United States Armed Forces Reserve, the United
States
coast guard reserve, 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, armed
forces
reserve, National Guard,
United States Armed Forces Reserve,
United
States coast guard reserve, 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 does
not
applicable apply 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).
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.