SB-0371, As Passed Senate, June 17, 2008

SUBSTITUTE FOR

SENATE BILL NO. 371

     A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending sections 224b and 231a (MCL 750.224b and 750.231a),

section 231a as amended by 2002 PA 82; and to repeal acts and parts

of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 224b. (1) A person shall not manufacture, sell, offer for

sale, or possess a short-barreled shotgun or a short-barreled

rifle.

     (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.

     (3) The provisions of this This section shall does not apply

to the sale, offering for sale, or possession of a short-barreled

rifle or a short-barreled shotgun which the secretary of the

treasury of the United States of America, or his or her delegate,

pursuant to U.S.C. title 26, section under 26 USC, sections 5801

through 5872, or U.S.C. title 18, 18 USC, sections 921 through 928,

has found to be a curio, relic, antique, museum piece, or

collector's item not likely to be used as a weapon, but only if the

person selling, offering for sale or possessing the firearm has

also fully complied with the provisions of sections 2 and 9 of Act

No. 372 of the Public Acts of 1927, as amended, being sections

28.422 and 28.429 of the Michigan Compiled Laws section 2 or 2a of

1927 PA 372, MCL 28.422 and 28.422a.

The provisions of section Section 20 of chapter 16 of Act No.

175 of the Public Acts of 1927, as added by Act No. 299 of the

Public Acts of 1968, being section 776.20 of the Michigan Compiled

Laws, are applicable the code of criminal procedure, 1927 PA 175,

MCL 776.20, applies to this subsection.

     Sec. 231a. (1) Subsection (2) of section 227 does not apply to

any of the following:

     (a) To a person holding a valid license to carry a pistol

concealed upon his or her person issued by his or her state of

residence except where the pistol is carried in nonconformance with

a restriction appearing on the license.

     (b) To the regular and ordinary transportation of pistols as

merchandise by an authorized agent of a person licensed to

manufacture firearms.

     (c) To a person carrying an antique firearm as defined in

subsection (2), completely unloaded in a closed case or container

designed for the storage of firearms in the trunk of a vehicle.

     (d) To a person while transporting a pistol for a lawful

purpose that is licensed by the owner or occupant of the motor

vehicle in compliance with section 2 of 1927 PA 372, MCL 28.422,

and the pistol is unloaded in a closed case designed for the

storage of firearms in the trunk of the vehicle.

     (e) To a person while transporting a pistol for a lawful

purpose that is licensed by the owner or occupant of the motor

vehicle in compliance with section 2 of 1927 PA 372, MCL 28.422,

and the pistol is unloaded in a closed case designed for the

storage of firearms in a vehicle that does not have a trunk and is

not readily accessible to the occupants of the vehicle.

     (2) 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 replica of

such a firearm, whether actually manufactured before or after 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) "Lawful purpose" includes the following:

     (i) While en route to or from a hunting or target shooting

area.

     (ii) While transporting a pistol en route to or from his or her

home or place of business and place of repair.

     (iii) While moving goods from 1 place of abode or business to

another place of abode or business.

     (iv) While transporting a licensed pistol en route to or from a

law enforcement agency for the purpose of having a safety

inspection performed on the pistol as is required by section 9 of

1927 PA 372, MCL 28.429, or for the purpose of having a law

enforcement official take possession of the weapon.

     (v) While en route to or from his or her abode or place of

business and a gun show or places of purchase or sale.

     (vi) While en route to or from his or her abode to a public

shooting facility or public land where discharge of firearms is

permitted by law, rule, regulation, or local ordinance.

     (vii) While en route to or from his or her abode to a private

property location where the pistol is to be used as is permitted by

law, rule, regulation, or local ordinance.

     Enacting section 1. Section 228 of the Michigan penal code,

1931 PA 328, MCL 750.228, is repealed.

     Enacting section 2. This amendatory act takes effect 180 days

after the date it is enacted into law.

     Enacting section 3. This amendatory act does not take effect

unless Senate Bill No. 370 of the 94th Legislature is enacted into

law.