Bill Text: MI HB4125 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Weapons; firearms; definition of pistol; modify. Amends secs. 222 & 223 of 1931 PA 328 (MCL 750.222 & 750.223). TIE BAR WITH: HB 4124'11, HB 4126'11

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-01-25 - Printed Bill Filed 01/21/2011 [HB4125 Detail]

Download: Michigan-2011-HB4125-Introduced.html

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HOUSE BILL No. 4125

 

January 20, 2011, Introduced by Rep. Geiss and referred to the Committee on Judiciary.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending sections 222 and 223 (MCL 750.222 and 750.223), section

 

222 as amended by 2001 PA 135 and section 223 as amended by 1992 PA

 

221.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 222. As used in this chapter:

 

     (a) "Alcoholic liquor" means that term as defined in section

 

105 of the Michigan liquor control code of 1998, 1998 PA 58, MCL

 

436.1105.

 

     (b) "Barrel length" means the internal length of a firearm as

 

measured from the face of the closed breech of the firearm when it

 

is unloaded, to the forward face of the end of the barrel.

 

     (c) "Controlled substance" means a controlled substance or

 

controlled substance analogue as those terms are defined in section

 

7104 of the public health code, 1978 PA 368, MCL 333.7104.

 

     (d) "Firearm" means a weapon from which a dangerous projectile

 

may be propelled by an explosive, or by gas or air. Firearm does

 

not include a smooth bore rifle or handgun designed and

 

manufactured exclusively for propelling by a spring, or by gas or

 

air, BB's BBs not exceeding .177 caliber.

 

     (e) "Pistol" means a loaded or unloaded firearm that is 30 26

 

inches or less in length, or a loaded or unloaded firearm that by

 

its construction and appearance conceals itself as a firearm.

 

     (f) "Purchaser" means a person who receives a pistol from

 

another person by purchase, gift, or loan.

 

     (g) "Seller" means a person who sells, furnishes, loans, or

 

gives a pistol to another person.

 

     (h) "Shotgun" means a firearm designed or redesigned, made or

 

remade, and intended to be fired from the shoulder and designed or

 

redesigned and made or remade to use the energy of the explosive in

 

a fixed shotgun shell to fire through a smooth bore either a number

 

of ball shot or a single projectile for each single function of the

 

trigger.

 

     (i) "Short-barreled shotgun" means a shotgun having 1 or more

 

barrels less than 18 inches in length or a weapon made from a

 

shotgun, whether by alteration, modification, or otherwise, if the

 

weapon as modified has an overall length of less than 26 inches.

 

     (j) "Rifle" means a firearm designed or redesigned, made or

 

remade, and intended to be fired from the shoulder and designed or

 

redesigned and made or remade to use the energy of the explosive in

 

a fixed metallic cartridge to fire only a single projectile through

 

a rifled bore for each single pull of the trigger.

 

     (k) "Short-barreled rifle" means a rifle having 1 or more

 

barrels less than 16 inches in length or a weapon made from a

 

rifle, whether by alteration, modification, or otherwise, if the

 

weapon as modified has an overall length of less than 26 inches.

 

     Sec. 223. (1) A person who knowingly sells a pistol without

 

complying with section 2 of Act No. 372 of the Public Acts of 1927,

 

as amended, being section 28.422 of the Michigan Compiled Laws 1927

 

PA 372, MCL 28.422, is guilty of a misdemeanor, punishable by

 

imprisonment for not more than 90 days, or a fine of not more than

 

$100.00, or both.

 

     (2) A person who knowingly sells a firearm more than 30 26

 

inches in length to a person under 18 years of age 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. A second or subsequent

 

violation of this subsection is a felony punishable by imprisonment

 

for not more than 4 years, or a fine of not more than $2,000.00, or

 

both. It is an affirmative defense to a prosecution under this

 

subsection that the person who sold the firearm asked to see and

 

was shown a driver's license or identification card issued by a

 

state that identified the purchaser as being 18 years of age or

 

older.

 

     (3) A seller shall not sell a firearm or ammunition to a

 

person if the seller knows that either of the following

 

circumstances exists:

 

     (a) The person is under indictment for a felony. As used in

 

this subdivision, "felony" means a violation of a law of this

 

state, or of another state, or of the United States that is

 

punishable by imprisonment for 4 years or more.

 

     (b) The person is prohibited under section 224f from

 

possessing, using, transporting, selling, purchasing, carrying,

 

shipping, receiving, or distributing a firearm.

 

     (4) A person who violates subsection (3) is guilty of a

 

felony, punishable by imprisonment for not more than 10 years, or

 

by a fine of not more than $5,000.00, or both.

 

     (5) As used in this section, "licensed dealer" means a person

 

licensed under section 923 of chapter 44 of title 18 of the United

 

States Code 18 USC 923 who regularly buys and sells firearms as a

 

commercial activity with the principal objective of livelihood and

 

profit.

 

     Enacting section 1. This amendatory act takes effect January

 

1, 2012.

 

     Enacting section 2. This amendatory act does not take effect

 

unless all of the following bills of the 96th Legislature are

 

enacted into law:

 

     (a) Senate Bill No. _____ or House Bill No. _____ (request no.

 

00995'11).

 

     (b) Senate Bill No. _____ or House Bill No. _____ (request no.

 

00995'11 a).