HB-4828, As Passed House, June 17, 2009

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4828

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending section 224 (MCL 750.224), as amended by 2006 PA 401,

 

and by adding section 222b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 222b. As used in the laws of this state, "brass knuckles"

 

means a device worn over the knuckles on the back of the hand or

 

fitted over the fingers to increase the impact of a blow with the

 

fist.

 

     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 brass 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.

 

     Enacting section 1. This amendatory act takes effect October

 

1, 2009.