HOUSE BILL No. 5512

 

 

February 1, 2018, Introduced by Reps. Johnson, Lucido and Reilly and referred to the Committee on Judiciary.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending sections 227 and 231a (MCL 750.227 and 750.231a),

 

section 227 as amended by 1986 PA 8 and section 231a as amended by

 

2012 PA 427.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

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

 

stiletto, a double-edged nonfolding stabbing instrument of any

 

length, or any other dangerous weapon, except a hunting knife

 

adapted and carried as such, 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.

 

     (1) (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.

 

     (2) (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.

 

     Sec. 231a. (1) Subsection (2) of section 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, 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, "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.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.