SENATE BILL NO. 107


   January 27, 1999, Introduced by Senators V. SMITH, YOUNG, HART 
        and MC MANUS and referred to the Committee on Judiciary.



        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   (MCL 750.1 to 750.568) by adding section 237b.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 237B.  (1) A PERSON WHO SELLS A FIREARM, AMMUNITION, OR

 2    DANGEROUS WEAPON TO A VISIBLY INTOXICATED INDIVIDUAL IS GUILTY OF

 3    A MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 90

 4    DAYS OR A FINE OF NOT MORE THAN $500.00, OR BOTH.

 5         (2) AS USED IN THIS SECTION:

 6         (A) "DANGEROUS WEAPON" MEANS A KNIFE WITH A BLADE LENGTH OF

 7    MORE THAN 3 INCHES, STABBING INSTRUMENT, BRASS KNUCKLES, BLACK-

 8    JACK, CLUB, OR OTHER OBJECT SPECIFICALLY DESIGNED OR CUSTOMARILY

 9    CARRIED OR POSSESSED FOR USE AS A WEAPON.

10         (B) "VISIBLY INTOXICATED" MEANS THAT THE INDIVIDUAL'S SENSES

11    ARE OBSERVABLY DESTROYED, IMPAIRED, DISTURBED, OR DISTRACTED BY


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                                   2

 1    THE CONSUMPTION OF INTOXICATING LIQUOR OR THAT THE INDIVIDUAL'S

 2    PHYSICAL OR MENTAL CONTROL IS MARKEDLY DIMINISHED BY THE CONSUMP-

 3    TION OF INTOXICATING LIQUOR.


















































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