June 2, 2005, Introduced by Reps. Ball, Jones and Schuitmaker and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 224 and 224d (MCL 750.224 and 750.224d),
section 224 as amended by 1991 PA 33 and section 224d as amended by
1992 PA 4.
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 any
of the
following:
(a) The reasonable use of a self-defense spray or foam device
containing not more than 2% oleoresin capsicum by a law enforcement
officer in the performance of the law enforcement officer's duty.
(b) 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, while in
performance of his or her duties.
(c) (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.