SB0869, As Passed House, Sep, 8, 2016
March 24, 2016, Introduced by Senators JONES and SCHUITMAKER and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 528a (MCL 750.528a), as amended by 2015 PA 26.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 528a. (1) As used in this section:
(a) "Civil disorder" means any public disturbance involving
the use of any firearm, explosive, or incendiary device by 3 or
more assembled persons that causes an immediate danger to, or that
results in damage or injury to, any property or person.
(b) "Explosive or incendiary device" means:
(i) Dynamite, gunpowder, or other similarly explosive
substance.
(ii) Any bomb, grenade, missile, or similar device designed to
expand suddenly and release internal energy resulting in an
explosion.
(iii) Any incendiary bomb or grenade, fire bomb, or similar
device designed to ignite, including any device that consists of or
includes a breakable container containing a flammable liquid or
compound and a wick composed of any material that, if ignited, is
capable of igniting the flammable liquid or compound; and that may
be carried or thrown by a person.
(c)
"Firearm" means any weapon which that will,
is designed
to, or may readily be converted to expel a projectile by action of
an explosive.
(d) "Law enforcement officer" means any of the following:
(i) Every A sheriff or sheriff's
deputy, ; a
village marshal
or
township constable, ; an
officer of the police department of any
city,
village, or township, ; any an
officer of the Michigan state
police, ;
or any a peace
officer who is trained and
licensed or
certified under the Michigan commission on law enforcement
standards
act, 1965 PA 203, MCL 28.601 to 28.616.28.615.
(ii) Any officer or employee of the United States, its
possessions, or territories who is authorized to enforce the laws
of the United States, its possessions, or its territories.
(iii) Any member of the national guard, National Guard, coast
guard, military reserve, or the armed forces of the United States
when acting in his or her official capacity.
(2) A person shall not teach or demonstrate to another person
the use, application, or construction of any firearm, or any
explosive or incendiary device, if that person knows, has reason to
know, or intends that what is taught or demonstrated will be used
in, or in furtherance of, a civil disorder.
(3) A person shall not assemble with 1 or more persons for the
purpose of training with, practicing with, or being instructed in
the use of any firearm, or any explosive or incendiary device, if
that person intends to use that firearm or device in, or in
furtherance of, a civil disorder.
(4) This section does not apply to any act of a law
enforcement officer that is performed in the lawful performance of
his or her official duties as a law enforcement officer, or any
activity of any hunting club, rifle club, rifle range, pistol
range, shooting range, or other program or individual instruction
intended to teach the safe handling or use of firearms, archery
equipment, or other weapons or techniques employed in connection
with lawful sports, self-defense, or other lawful activities.
(5) A person who violates this section is guilty of a felony.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. 92 or House Bill No.____ (request no.
00913'15 *) of the 98th Legislature is enacted into law.