March 22, 2007, Introduced by Senators CROPSEY, RICHARDVILLE, SANBORN, PATTERSON, KUIPERS, KAHN, JELINEK, JANSEN and GILBERT and referred to the Committee on Judiciary.
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 of 1927
PA 372, MCL 28.422.
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 does not take effect
unless Senate Bill No. 370
of the 94th Legislature is enacted into law.