HB-4861, As Passed Senate, September 12, 2006

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4861

     A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending sections 224, 224d, and 231 (MCL 750.224, 750.224d, and

750.231), section 224 as amended by 1991 PA 33, section 224d as

amended by 1992 PA 4, and section 231 as amended by 2002 PA 536.

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.

     (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 or foam 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).

     (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. 224d. (1) As used in this section and section 224, "self-

defense spray or foam device" means a device to which all of the

following apply:

     (a) The device is capable of carrying, and ejects, releases,

or emits 1 of the following:

     (i) Not more than 35 grams of any combination of

orthochlorobenzalmalononitrile and inert ingredients.

     (ii) A solution containing not more than  2%  10% oleoresin

capsicum.

     (b) The device does not eject, release, or emit any gas or

substance that will temporarily or permanently disable,

incapacitate, injure, or harm a person with whom the gas or

substance comes in contact, other than the substance described in

subdivision (a)(i) or (ii).

     (2) Except as otherwise provided in this section, a person who

uses a self-defense spray or foam device to eject, release, or emit

orthochlorobenzalmalononitrile or oleoresin capsicum at another

person is guilty of a misdemeanor, punishable by imprisonment for

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

both.

     (3) If a person uses a self-defense spray or foam device

during the commission of a crime to eject, release, or emit

orthochlorobenzalmalononitrile or oleoresin capsicum or threatens

to use a self-defense spray or foam device during the commission of

a crime to temporarily or permanently disable another person, the

judge who imposes sentence upon a conviction for that crime shall

consider the defendant's use or threatened use of the self-defense

spray or foam device as a reason for enhancing the sentence.

     (4) A person shall not sell a self-defense spray or foam

device to a minor. A person who violates this subsection is guilty

of a misdemeanor.

     (5) Subsection (2) does not prohibit either of the following:

     (a) The reasonable use of a self-defense spray device by a law

enforcement officer in the performance of the law enforcement

officer's duty.

     (a) The reasonable use of a self-defense spray or foam device

containing not more than 10% oleoresin capsicum by a person who is

employed by a county sheriff or a chief of police and who is

authorized in writing by the county sheriff or chief of police to

carry and use a self-defense spray or foam device and has been

trained in the use, effects, and risks of the device, while in

performance of his or her official duties.

     (b) The reasonable use of a self-defense spray or foam device

containing not more than 2% oleoresin capsicum by a person in the

protection of a person or property under circumstances which would

justify the person's use of physical force.

     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

House Bill No. 4861 as amended September 7, 2006

returning from those duties.

     (c) A person employed by a private vendor that operates a

youth correctional facility authorized under section 20g of 1953 PA

232, MCL 791.220g, who meets the same criteria established by the

director of the state department 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 not

applicable 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 90 days

after the date it is enacted.