HOUSE BILL No. 4092

 

February 1, 2005, Introduced by Reps. Virgil Smith and Murphy and referred to the Committee on Judiciary.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending sections 224 and 227 (MCL 750.224 and 750.227), section

 

224 as amended by 1991 PA 33 and section 227 as amended by 1986 PA

 

8.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

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

 

sale, or possess any of the following:

 

     (a) A machine gun or firearm that shoots or is designed to

 

shoot automatically more than 1 shot without manual reloading, by a

 

single function of the trigger.

 

     (b) A muffler or silencer.

 

     (c) A bomb or bombshell.

 


     (d) A blackjack, slungshot, billy, metallic knuckles, sand

 

club, sand bag, or bludgeon.

 

     (e) A device, weapon, cartridge, container, or contrivance

 

designed to render a person temporarily or permanently disabled by

 

the ejection, release, or emission of a gas or other substance.

 

     (f) Any sharp-edged, multibladed device, capable of being

 

carried on the person, with blades that are, or can be, locked into

 

place for use as a weapon.

 

     (2) A person who violates subsection (1) 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) Subsection (1) does not apply to any of the following:

 

     (a) A self-defense spray device as defined in section 224d.

 

     (b) A person manufacturing firearms, explosives, or munitions

 

of war by virtue of a contract with a department of the government

 

of the United States.

 

     (c) A person licensed by the secretary of the treasury of the

 

United States or the secretary's delegate to manufacture, sell, or

 

possess a machine gun  ,  or a device, weapon, cartridge,

 

container, or contrivance described in subsection (1).

 

     (d) A person possessing a weapon described in subsection (1)

 

pursuant to his or her duties with the armed forces of the United

 

States.

 

     (e) A person manufacturing, selling, offering to sell, or

 

possessing a device described in subsection (1)(f) in the course of

 

a lawful trade, profession, or occupation.

 

     (4) As used in this chapter, "muffler" or "silencer" means 1

 


or more of the following:

 

     (a) A device for muffling, silencing, or deadening the report

 

of a firearm.

 

     (b) A combination of parts, designed or redesigned, and

 

intended for use in assembling or fabricating a muffler or

 

silencer.

 

     (c) A part, designed or redesigned, and intended only for use

 

in assembling or fabricating a muffler or silencer.

 

     Sec. 227. (1) A person shall not carry a dagger, a dirk, a

 

stiletto, a double-edged nonfolding stabbing instrument of any

 

length, a sharp-edged multibladed device with blades capable of

 

being locked into place for use as a weapon, or any other dangerous

 

weapon, except a hunting knife adapted and carried as  such  a

 

hunting knife, concealed on or about his or her person  ,  or,

 

whether concealed or otherwise, in any vehicle operated or occupied

 

by the person, except in his or her dwelling house  ,  or place of

 

business or on other land possessed by the person.

 

     (2) A person shall not carry a pistol concealed on or about

 

his or her person  ,  or, whether concealed or otherwise, in a

 

vehicle operated or occupied by the person, except in his or her

 

dwelling house  ,  or place of business  ,  or on other land

 

possessed by the person, without a license to carry the pistol as

 

provided by law and, if licensed, shall not carry the pistol in a

 

place or manner inconsistent with any restrictions upon  such  the

 

license.

 

     (3) A person who violates this section is guilty of a felony  

 

,  punishable by imprisonment for not more than 5 years  ,  or by a

 


fine of not more than $2,500.00.