February 2, 2016, Introduced by Reps. Chatfield, Runestad, Johnson, Aaron Miller, Hooker, Cole, Glenn and Kelly and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 227, 227b, 230, and 237a (MCL 750.227,
750.227b, 750.230, and 750.237a), section 227 as amended by 1986 PA
8 and sections 227b and 237a as amended by 2015 PA 26; and to
repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 227. (1) A person shall not carry a dagger, dirk,
stiletto, a double-edged nonfolding stabbing instrument of any
length, or any other dangerous weapon other than a pistol, except a
hunting knife adapted and carried as such, 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, in his or her place of business, or on other land possessed
by the person.
(2) A person who is prohibited by state or federal law from
possessing a firearm 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 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.
Sec. 227b. (1) A person who carries or has in his or her
possession a firearm when he or she commits or attempts to commit a
felony,
except a violation of section 223, 227, 227a, or 230, is
guilty of a felony and shall be punished by imprisonment for 2
years. Upon a second conviction under this subsection, the person
shall be punished by imprisonment for 5 years. Upon a third or
subsequent conviction under this subsection, the person shall be
punished by imprisonment for 10 years.
(2) A person who carries or has in his or her possession a
pneumatic gun and uses that pneumatic gun in furtherance of
committing or attempting to commit a felony, except a violation of
section
223, 227, 227a, or 230, is guilty of a felony and shall be
punished by imprisonment for 2 years. Upon a second conviction
under this subsection, the person shall be punished by imprisonment
for 5 years. Upon a third or subsequent conviction under this
subsection, the person shall be punished by imprisonment for 10
years.
(3) A term of imprisonment prescribed by this section is in
addition to the sentence imposed for the conviction of the felony
or the attempt to commit the felony and shall be served
consecutively with and preceding any term of imprisonment imposed
for the conviction of the felony or attempt to commit the felony.
(4) A term of imprisonment imposed under this section shall
not be suspended. The person subject to the sentence mandated by
this section is not eligible for parole or probation during the
mandatory term imposed under subsection (1) or (2).
(5) This section does not apply to a law enforcement officer
who is authorized to carry a firearm while in the official
performance of his or her duties and who is in the performance of
those duties. As used in this subsection, "law enforcement officer"
means a person who is regularly employed as a member of a duly
authorized police agency or other organization of the United
States, this state, or a city, county, township, or village of this
state and who is responsible for the prevention and detection of
crime and the enforcement of the general criminal laws of this
state.
Sec.
230. A person who shall wilfully willfully alter, remove,
or obliterate the name of the maker, model, manufacturer's number,
or
other mark of identity of a pistol or other firearm, shall be is
guilty
of a felony , punishable
by imprisonment for not more than 2
years or fine of not more than $1,000.00. Possession of a firearm
upon
which the number shall have has
been altered, removed, or
obliterated,
other than an antique firearm, as defined by section
231a(2)(a)
or (b), shall be is presumptive evidence that the
possessor has altered, removed, or obliterated the same.
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 227a and 231a of the Michigan
penal code, 1931 PA 328, MCL 750.227a and 750.231a, are repealed.