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Michigan Ugly Gun Ban bill - SENATE BILL No. 1381
Michigan Legislature ^ | 9-9-04 | Gilda Jacobs

Posted on 09/10/2004 8:26:07 AM PDT by Dan from Michigan

SENATE BILL No. 1381

September 9, 2004, Introduced by Senators JACOBS and BRATER and referred to the Committee on Judiciary.

A bill to regulate the manufacture, possession, purchase,

sale, and transfer of assault weapons; to provide certain powers

and duties for certain state and local officials and agencies; to

Provide for the promulgation of rules; and to provide penalties.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 1. This act shall be known and may be cited as the

2 "assault weapon regulation act".

3 Sec. 2. As used in this act:

4 (a) "Assault weapon" means any of the following:

5 (i) A semiautomatic pistol or semiautomatic or pump-action

6 rifle that is capable of accepting a detachable magazine that

7 holds more than 10 rounds of ammunition and that has any of the

8 following features:

9 (A) If the firearm is a rifle, a pistol grip located rear of

10 the trigger.

1 (B) If the firearm is a pistol, a shoulder stock of any type

2 or configuration including, but not limited to, a folding stock

3 or a telescoping stock.

4 (C) A barrel shroud.

5 (D) A muzzle brake or muzzle compensator.

6 (E) A feature capable of functioning as a protruding grip

7 that can be held by the hand that is not the trigger hand.

8 (ii) A pistol that is capable of accepting a detachable

9 magazine at any location outside of the pistol grip.

10 (iii) A semiautomatic pistol or a semiautomatic, center-fire

11 rifle with a fixed magazine capable of containing more than 10

12 rounds of ammunition.

13 (iv) A shotgun that is capable of accepting a detachable

14 magazine.

15 (v) A shotgun with a revolving cylinder.

16 (b) "Barrel shroud" means a covering, other than a slide,

17 that is attached to, or that substantially or completely

18 encircles the barrel of, a firearm and that allows the bearer of

19 the firearm to hold the barrel with the nonshooting hand while

20 firing the firearm without burning that hand. Barrel shroud does

21 not include an extension of the stock along the bottom of the

22 barrel if the extension of the stock does not substantially or

23 completely encircle the barrel.

24 (c) "Conversion kit" means a part or combination of parts

25 designed and intended for use in converting a firearm into an

26 assault weapon.

27 (d) "Detachable magazine" means a magazine that delivers 1

1 or more ammunition cartridges into the firing chamber and that

2 can be removed from the firearm without the use of any tool,

3 including a bullet or ammunition cartridge.

4 (e) "Muzzle brake" means a device attached to the muzzle of

5 a firearm that utilizes escaping gas to reduce recoil.

6 (f) "Muzzle compensator" means a device attached to the

7 muzzle of a firearm that utilizes escaping gas to control muzzle

8 movement.

9 Sec. 3. (1) Except as otherwise provided in subsection (3)

10 and section 4, a person shall not manufacture, possess, purchase,

11 sell, or otherwise transfer to another person an assault weapon

12 or an assault weapon conversion kit.

13 (2) Except as otherwise provided in subsection (4) and

14 section 4, a person shall not possess at the same time, or have

15 under his or her control at the same time, both of the

16 following:

17 (a) A semiautomatic or pump-action rifle or semiautomatic

18 pistol capable of accepting a detachable magazine.

19 (b) A magazine capable of use with that firearm that contains

20 more than 10 rounds of ammunition.

21 (3) Subsection (1) does not apply to any of the following:

22 (a) A person who possesses an unloaded assault weapon for the

23 purpose of permanently relinquishing it to a law enforcement

24 agency in this state pursuant to rules adopted for that purpose

25 by the department of state police. An assault weapon

26 relinquished under this subsection shall be turned over to the

27 department of state police under section 239 of the Michigan

1 penal code, 1931 PA 328, MCL 750.239, and destroyed.

2 (b) A licensed manufacturer or licensed dealer who transfers

3 an assault weapon to a law enforcement agency in this state for

4 use by that agency or its employees for law enforcement

5 purposes.

6 (c) A person who possesses an assault weapon that has been

7 permanently disabled so that it is incapable of discharging a

8 projectile.

9 (4) Subsection (2) does not apply to any of the following:

10 (a) A person lawfully engaged in shooting at a licensed and

11 lawfully operated shooting range.

12 (b) A person lawfully participating in a sporting event

13 officially sanctioned by a club or organization established in

14 whole or in part for the purpose of sponsoring sport shooting

15 events.

16 Sec. 4. (1) A person may continue to possess an assault

17 weapon that he or she legally possessed on the effective date of

18 this act if all of the following apply:

19 (a) The person immediately registers the assault weapon with

20 the department of state police in compliance with rules adopted

21 for that purpose by the department of state police.

22 (b) The person safely and securely stores the assault weapon

23 in compliance with rules adopted for that purpose by the

24 department of state police. The department of state police may,

25 not more than once per year, conduct an administrative inspection

26 of the storage premises to ensure compliance with this

27 subsection.

1 (c) The person annually renews the registration of the

2 assault weapon.

3 (d) The person possesses the assault weapon only on property

4 owned or immediately controlled by the person or while engaged in

5 the legal use of the assault weapon at a licensed firing range or

6 while traveling to or from that property or firing range to

7 engage in the legal use of the assault weapon if the assault

8 weapon is stored unloaded and in a separate locked container

9 during transport.

10 (2) Notwithstanding any other provision of this act, a person

11 who, after the effective date of this act, acquires ownership of

12 an assault weapon by inheritance, bequest, or succession shall,

13 within 30 days after acquiring ownership of the assault weapon,

14 do 1 of the following:

15 (a) Comply with all of the requirements of subsection (1).

16 (b) Relinquish the assault weapon to a law enforcement

17 agency.

18 (c) Permanently disable the assault weapon so that it is

19 incapable of discharging a projectile.

20 (3) The department of state police may charge a fee for each

21 registration and for each renewal registration under this

22 section. The fee shall not exceed the actual and reasonable

23 costs incurred by the department of state police in registering

24 or renewing the registration of the assault weapon.

25 Sec. 5. The department of state police shall promulgate

26 rules pursuant to the administrative procedures act of 1969, 1969

27 PA 306, MCL 24.201 to 24.328, to implement this act.

1 Sec. 6. (1) A person who violates this act is guilty of a

2 felony punishable by imprisonment for not more than 4 years or a

3 fine of not more than $2,100.00, or both.

4 (2) The department of state police shall immediately revoke

5 the registration of each assault weapon owned by a person

6 convicted of violating this act.


TOPICS: Constitution/Conservatism; Front Page News; Government; News/Current Events; US: Michigan
KEYWORDS: awb; bang; brater; gildajacobs; guns; jacobs; lizbrater; michigan; napalminthemorning
Sponsors Gilda Jacobs - (primary) Liz Brater

Jacobs is a bigtime leftist out of Huntington Woods in SE Oakland County. The district also covers Ferndale, Pleasant Ridge, Southfield, Oak Park, and Farmington Hills. Farmington Hills swings and the rest is solid dem. Liz Brater's district covers Ann Arbor. What more needs to be said.

I don't THINK this is going anywhere, but I'll be making the rounds on this one and will be waiting for Bill McConico's house bill on this(not introduced).

1 posted on 09/10/2004 8:26:09 AM PDT by Dan from Michigan
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To: Dan from Michigan

OH BOY!


2 posted on 09/10/2004 8:28:41 AM PDT by FesterUSMC
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To: Dan from Michigan

Ted Nugent is gonna go APE SHIZNIT!


3 posted on 09/10/2004 8:29:18 AM PDT by FesterUSMC
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To: Dan from Michigan

Go get 'em Dan!


4 posted on 09/10/2004 8:32:15 AM PDT by stevio (Sunset the Clinton '94 gun ban!)
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To: Dan from Michigan
Somehow, I don't think Senator Cropsey will be in any hurry to bring this before his committee...

Nonetheless, it's time to fire up the IBM Selectric... ;-)

5 posted on 09/10/2004 8:51:26 AM PDT by Chemist_Geek ("Drill, R&D, and conserve" should be our watchwords! Energy independence for America!)
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To: Dan from Michigan

Hey this looks just like the bill John F Kerry , Feinstein (with HER .38 in HER purse), and Schumer were sponsoring...

We sure need the Surpremes to rule that the Right to Keep and Bear Arms is an INDIVIDUAL right and not a collective one ASAP...

If Pres Bush could or would get this done in the next four...that would be a great boon to giving us back our freedoms that (they had no right to take away in the first place)...Pres Bush could set it right once and for all....

imo


6 posted on 09/10/2004 8:51:27 AM PDT by joesnuffy (Two Heads Are Better Than One...Unless They're On The Same Person -Andy Sipowicz)
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To: joesnuffy

This looks like the NEXT step after the fed 94' Ban. will this be coming to a neighborhood near YOU?


7 posted on 09/10/2004 10:06:10 AM PDT by OldSgt. (USMC, Nam Vet, HMM-165)
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To: OldSgt.

It already came to California, which is one of the reasons why my wife and I left.


8 posted on 09/10/2004 10:16:45 AM PDT by mvpel (Michael Pelletier)
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To: mvpel
Feinstein , when people keep electing her likes. Hell my brother (lives in CA) had to jump through the hoops and become an "Arsenal" On the positive side, He has one!!!
9 posted on 09/10/2004 10:38:07 AM PDT by OldSgt. (USMC, Nam Vet, HMM-165)
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To: Dan from Michigan
The Second Amendment - Commentaries
10 posted on 09/10/2004 12:48:24 PM PDT by PsyOp (John Kerry—a .22 Rimfire Short in a .44 Magnum world.)
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To: PsyOp

Holy cow my 30 cal carbine has a guard on the barrel and would be considered illegal. I don't want to give up this gun cause it's light and easy to carry in the field. I also paid good money for it and don't want to give it away for free to the state police.


11 posted on 09/10/2004 4:07:59 PM PDT by osceola (Confused in Michigan)
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To: Dan

That post was meant for Dan. It was my first post and I'm just learning how the board works. Been lurking fer about five years and have read many of your posts.


12 posted on 09/10/2004 4:11:31 PM PDT by osceola (Confused in Michigan)
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To: osceola
Most of these bans simply ban future sales. Since you already own in it's probably safe, but you'd better check (and find the receipt proving when you purchased it).

These laws are written by morons who know nothing about forearms. It's all cosmetic. If it were a ban on "high-performance" autos, they'd make no distinction between a Ferrari and a vw with a Ferrari kit body. They look the same so they must be the same.

Here in California they are trying to make it impossible to onw a gun for anything other than decoration by making it illegal to store ammo in the same room of a house and limited the amount of ammo you can own without. I have a dozen firearms and several thousand rounds of ammo. If Feinstein or Boxer ever found out I'd probably get raided by BATF, even though all of it is legal. If you buy bulk ammo on sale, you will be considered a criminal in CA of these laws pass.

13 posted on 09/11/2004 11:58:22 AM PDT by PsyOp (John Kerry—a .22 Rimfire Short in a .44 Magnum world.)
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To: PsyOp

The key word is "probably." Remember the SKS? They were "probably" OK after the California ban, as long as they were registered. Then -- BOOM! -- suddenly they're illegal, and NOW the authorities know where they are! This needs to be nipped in the bud NOW.


14 posted on 09/24/2004 2:33:14 PM PDT by Glockslinger
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