Bill Text: MI HB4262 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Crimes; weapons; prohibitions against carrying certain weapons; revise. Amends secs. 226, 227 & 231 of 1931 PA 328 (MCL 750.226 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-06-12 - Referred To Committee Of The Whole [HB4262 Detail]
Download: Michigan-2013-HB4262-Engrossed.html
HB-4262, As Passed House, April 9, 2013
HOUSE BILL No. 4262
February 14, 2013, Introduced by Rep. Foster and referred to the Committee on Tourism.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 226, 227, and 231 (MCL 750.226, 750.227, and
750.231), section 227 as amended by 1986 PA 8 and section 231 as
amended by 2006 PA 401.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
226. Carrying firearm or dangerous weapon with unlawful
intent—Any
A person who, with intent to use the same unlawfully
against the person of another, goes armed with a pistol or other
firearm, or
dagger, dirk, a razor , stiletto, or a knife, having a
blade
over 3 inches in length, or any
other dangerous or deadly
weapon
or instrument, shall be is
guilty of a felony , punishable
by
imprisonment in the state prison for not more than 5 years or by
a
fine of not more than 2,500 dollars.$2,500.00, or both.
Sec.
227. (1) A person shall not carry a dagger, dirk,
House Bill No. 4262 as amended April 9, 2013
stiletto,
a double-edged nonfolding stabbing
instrument knife of
any
length, or any other dangerous weapon, except a hunting knife
adapted
and carried as such , [BLADED]
object designed, manufactured,
or
intended to be used to cause death or injury to any person,
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, place of business or on other
land
possessed by the person.This
subsection does not apply to any
of the following:
(a) An object carried by the person in his or her dwelling
house or place of business or on other land possessed by the
person.
(b) An object carried in transit between locations described
in subdivision (a) that, unless the object is carried for a purpose
described in subdivision (c), is securely encased and is not
readily accessible for immediate use.
(c) An object carried [in the course of] hunting, fishing, or
trapping
[ ] or for use as a tool in the course of the person's
occupation or hobby, if that hobby reasonably requires the use of
that object.
(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, 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 that 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, or both.
(4) As used in this section:
(a) "Readily accessible for immediate use" means an object
that is carried on the person or within close proximity to the
person and in a manner so that it can be retrieved and used as
easily and quickly as if carried on the person.
(b) "Securely encased" means that the object is fully enclosed
in a sheath, pouch, or case or the object is stored in a locked or
unlocked glove compartment.
Sec. 231. (1) Except as provided in subsection (2), sections
224, 224a, 224b, 224d, 226a, 227, 227c, and 227d do not apply to
any of the following:
(a) A peace officer of an authorized police agency of the
United States, of this state, or of a political subdivision of this
state, who is regularly employed and paid by the United States,
this state, or a political subdivision of this state.
(b) A person who is regularly employed by the state department
of corrections and who is authorized in writing by the director of
the department of corrections to carry a concealed weapon while in
the official performance of his or her duties or while going to or
returning from those duties.
(c) A person employed by a private vendor that operates a
youth correctional facility authorized under section 20g of the
corrections code of 1953, 1953 PA 232, MCL 791.220g, who meets the
same
criteria established by the director of the state department
House Bill No. 4262 as amended March 13, 2013
as amended April 9, 2013
of corrections for departmental employees described in subdivision
(b) and who is authorized in writing by the director of the
department of corrections to carry a concealed weapon while in the
official performance of his or her duties or while going to or
returning from those duties.
(d) A member of the United States army, air force, navy, or
marine corps or the United States coast guard while carrying
weapons in the line of or incidental to duty.
(e) An organization authorized by law to purchase or receive
weapons from the United States or from this state.
(f) A member of the national guard, armed forces reserve, the
United States coast guard reserve, or any other authorized military
organization while on duty or drill, or in going to or returning
from a place of assembly or practice, while carrying weapons used
for a purpose of the national guard, armed forces reserve, United
States coast guard reserve, or other duly authorized military
organization.
(g) A security employee employed by the state and granted
limited arrest powers under section 6c of 1935 PA 59, MCL 28.6c.
(h) A motor carrier officer appointed under section 6d of 1935
PA 59, MCL 28.6d.
(2)
As applied to section 224a(1) only, subsection (1) is does
not
applicable apply to an individual included under subsection
(1)(a), (b), or (c) unless he or she has been trained on the use,
effects, and risks of using a portable device or weapon described
in section 224a(1).
[Enacting section 1. This amendatory act takes effect upon the expiration of 90 days after the date it is enacted into law.]
