REPEAL BAN ON SWITCHBLADES

Senate Bill 245 as passed by the Senate

Sponsor:  Sen. Rick Jones

House Committee:  Judiciary

Senate Committee:  Judiciary

Complete to 5-15-17

SUMMARY:

The bill repeals a section of law prohibiting the sale or possession of a type of pocketknife known as a "switchblade."

Currently, a person who sells, offers to sell, or possesses a knife with the appearance of a pocketknife of which the blades can be opened by the flick of button or pressure on the handle or by other mechanical contrivance is guilty of a misdemeanor punishable by up to one year in jail and/or a fine of not more than $300.  The ban on switchblades currently does not apply to any one-armed person carrying a knife on in connection with living requirements.

Senate Bill 245 would amend the Michigan Penal Code to repeal Section 226a, the prohibition described above (MCL 750.231 and 750.237a).  The bill also amends Sections 231 and 237a of the Code to remove references to the repealed provision.

[Section 231 specifies that certain provisions of the Code, including Section 226a, do not apply to particular individuals—generally law enforcement, corrections officers, and military personnel.  Section 237a makes it a misdemeanor to engage in certain prohibited conduct, including selling or possessing a switchblade under Section 226a, in a weapon-free school zone.]

FISCAL IMPACT:

Senate Bill 245 would have no fiscal impact on the state.  The bill could result in a decrease in costs for local units of government related to county jails and/or local misdemeanor probation supervision.  The costs of local incarceration in county jails and local misdemeanor probation supervision vary by jurisdiction.  There could also be a decrease in penal fine revenues which would decrease funding for local libraries, which are the constitutionally-designated recipients of those revenues. 

                                                                                        Legislative Analyst:   Susan Stutzky

                                                                                                Fiscal Analyst:   Robin Risko

This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.