June 7, 2007, Introduced by Reps. Vagnozzi, Constan, Miller, Gonzales, Lemmons, Condino, Bieda, Valentine, Bennett, Nofs, Amos, David Law, Schuitmaker, Cushingberry, Clack, Young, Robert Jones, Meadows, Coulouris, Hammon, Johnson, Bauer, Jackson, Kathleen Law, McDowell and Dean 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 225.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 225. (1) Subject to subsection (3), a person shall not
change, alter, remove, or obliterate any coloration or markings
that are required for an imitation firearm by any applicable state
or federal law in any way that makes an imitation firearm look more
like a firearm. A person that violates this subsection 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.
(2) An individual shall not knowingly point, display, or use
an imitation firearm with the purpose of intimidating, threatening,
or attempting to put an individual in fear of bodily injury or for
any unlawful purpose. An individual who violates this subsection is
guilty of a felony punishable by imprisonment for not more than 4
years or a fine of not more than $5,000.00, or both.
(3) Subsection (1) does not apply to a manufacturer, importer,
or distributor of imitation firearms or to the lawful use of an
imitation firearm in a motion picture, television, stage, or other
theatrical production.
(4) As used in this section:
(a) "BB gun" means a smooth bore rifle or handgun designed and
manufactured exclusively to propel BBs that do not exceed .177
caliber by a spring or by gas or air.
(b) "Firearm" means that term as defined in section 222.
(c) "Imitation firearm" means a BB gun, toy gun, replica of a
firearm, or other device that is so substantially similar in
coloration and overall appearance to an existing firearm as to lead
a reasonable person to perceive that the device is a firearm.