SENATE BILL No. 935

 

 

April 12, 2018, Introduced by Senators HERTEL, ANANICH, KNEZEK, HOPGOOD, BIEDA, CONYERS, YOUNG, GREGORY, HOOD and WARREN and referred to the Committee on Government Operations.

 

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending sections 223, 232a, and 237a (MCL 750.223, 750.232a,

 

and 750.237a), section 223 as amended by 2012 PA 242, section 232a

 

as amended by 1990 PA 321, and section 237a as amended by 2017 PA

 

96.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 223. (1) A person who knowingly sells a pistol firearm

 

without complying with section 2 of 1927 PA 372, MCL 28.422, is

 

guilty of a misdemeanor, punishable by imprisonment for not more

 

than 90 days, or a fine of not more than $100.00, or both.

 

     (2) A person who knowingly sells a firearm more than 26 inches

 

in length to a person under 18 years of age is guilty of a

 

misdemeanor, punishable by imprisonment for not more than 90 days,

 

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


violation of this subsection is a felony punishable by imprisonment

 

for not more than 4 years, or a fine of not more than $2,000.00, or

 

both. It is an affirmative defense to a prosecution under this

 

subsection that the person who sold the firearm asked to see and

 

was shown a driver's license or identification card issued by a

 

state that identified the purchaser as being 18 years of age or

 

older.

 

     (3) A seller shall not sell a firearm or ammunition to a

 

person if the seller knows that either of the following

 

circumstances exists:

 

     (a) The person is under indictment for a felony. As used in

 

this subdivision, "felony" means a violation of a law of this

 

state, or of another state, or of the United States that is

 

punishable by imprisonment for 4 years or more.

 

     (b) The person is prohibited under section 224f from

 

possessing, using, transporting, selling, purchasing, carrying,

 

shipping, receiving, or distributing a firearm.

 

     (4) A person who violates subsection (3) is guilty of a

 

felony, punishable by imprisonment for not more than 10 years, or

 

by a fine of not more than $5,000.00, or both.

 

     (5) As used in this section, "licensed dealer" means a person

 

licensed under 18 USC 923 who regularly buys and sells firearms as

 

a commercial activity with the principal objective of livelihood

 

and profit.

 

     Sec. 232a. (1) Except as provided in subsection (2), a person

 

who obtains a pistol firearm in violation of section 2 of Act No.

 

372 of the Public Acts of 1927, as amended, being section 28.422 of


the Michigan Compiled Laws, 1927 PA 372, MCL 28.422, is guilty of a

 

misdemeanor, punishable by imprisonment for not more than 90 days

 

or a fine of not more than $100.00, or both.

 

     (2) Subsection (1) does not apply to a person who obtained a

 

pistol in violation of section 2 of Act No. 372 of the Public Acts

 

of 1927 1927 PA 372, MCL 28.422, before the effective date of the

 

1990 amendatory act that added this subsection, March 28, 1991, who

 

has not been convicted of that violation, and who obtains a license

 

as required under section 2 of Act No. 372 of the Public Acts of

 

1927 1927 PA 372, MCL 28.422, within 90 days after the effective

 

date of the 1990 amendatory act that added this subsection.March

 

28, 1991.

 

     (3) A person who intentionally makes a material false

 

statement on an application for a license to purchase a pistol

 

firearm under section 2 of Act No. 372 of the Public Acts of 1927,

 

as amended, 1927 PA 372, MCL 28.422, 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.

 

     (4) A person who uses or attempts to use false identification

 

or the identification of another person to purchase a firearm is

 

guilty of a misdemeanor, punishable by imprisonment for not more

 

than 90 days or a fine of not more than $100.00, or both.

 

     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, 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.

 

     (c) (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.

 

     (d) (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.

 

     (e) (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 individual is carrying a firearm unloaded in a

 

wrapper or container in the trunk of the individual'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 individual is carrying an unloaded firearm in the

 

passenger compartment of a vehicle that does not have a trunk, if

 

the individual 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. This amendatory act does not take effect

 

unless Senate Bill No. 934                                     

 

          of the 99th Legislature is enacted into law.