Posted on 10/06/2004 9:16:36 PM PDT by Dan from Michigan
HOUSE BILL No. 6239
September 29, 2004, Introduced by Reps. McConico, Hunter, Waters, Phillips, Hood, Smith, Tobocman, Condino, Vagnozzi, O'Neil, Sak, Minore and Hardman and referred to the Committee on Criminal Justice.
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.
This is probably a dead bill, but the names cosponsoring it are key.
Bill McConico - D-Detroit
Tupac A Hunter - D-Detroit
Mary Waters D-Detroit
Clarence E Phillips D-Pontiac
Morris Hood III D-Detroit
Virgil Smith - D-Detroit
Steve Tobocman - D-Detroit (Wish he was beaten in the primary)
Paul Condino - D-Southfield
Aldo Vagnozzi - D-Farmington Hills (Can be beaten - Go Bill Largent!!!!)
William J O'Neil - D-Downriver (Term limited out)
Michael G Sak - D-Grand Rapids (Can POSSIBLY be beaten in a great year)
Jack D Minore - D-Flint - Term limited Out (Thank God, he's liberal even for Flint)
Artina T Hardman - D-Detroit
Of course...
Pack of Rats.
This isn't an "assault weapons ban" - it's an assault on all weapons!
It would ban every semi-auto pistol and most rifles, with that "capable of accepting..." language.
Can't Michigan just expel the City of Detroit?
What say we declare war on Canada, then as a condition of their surrender, we make them take Detroit?
the common denominator amongst the brown shirts is the underlying racial assumption. All these representative represent significant black populations. Could their message be any clearer?
your bills text looks familiar:
>>>>>>>>>>>>>>>>>>>
2. Definitions
(a) Assault weapon means any:
(1) Semi-automatic or pump-action rifle that has the capacity to accept a detachable magazine
and has one or more of the following:
(i) A pistol grip;
(ii) A second handgrip or a protruding grip that can be held by the non-trigger hand;
(iii) A folding, telescoping or thumbhole stock;
(iv) A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel; or
(v) A muzzle brake or muzzle compensator.
(2) Semi-automatic pistol, or any semi-automatic, centerfire rifle with a fixed magazine, that has the capacity to accept more than ten rounds of ammunition;
(3) Semi-automatic pistol that has the capacity to accept a detachable magazine and has one or more of the following: (i) A second handgrip or a protruding grip that can be held by the non-trigger hand;
(ii) A folding, telescoping or thumbhole stock;
(iii) A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel;
(iv) A muzzle brake or muzzle compensator; or
(v) The capacity to accept a detachable magazine at any location outside of the pistol grip;
(4) Semi-automatic shotgun that has one or more of the following:
(i) A pistol grip or a vertical handgrip;
(ii) A folding, telescoping or thumbhole stock;
(iii) A fixed magazine capacity in excess of five rounds; or
(iv) An ability to accept a detachable magazine;
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
Battle for Strong Assault Weapon Ban is not Over
9/16/2004
Press Release
Legal Community Against Violence
268 Bush Street, # 555
San Francisco, CA 94104
www.lcav.org
Contact:
Cori Stell
Phone: 415-433-2062
San Francisco-based public interest law center urges state and local action to fill the void left by expiration of federal assault weapon ban.
San Francisco, CA - The federal assault weapon ban expired September 13, 2004, thanks to the inaction of President Bush and the Republican leadership of Congress. The 1994 law, which included a 10-year sunset provision, was supported by every major law enforcement organization in the nation, as well as by Presidents Ford, Carter, Reagan and Clinton. The law and its reauthorization were bitterly opposed by the National Rifle Association (NRA).
"We are deeply troubled that President Bush and Congress have bowed to the will of the NRA and chosen to ignore the will of the people," said Sue Ann Schiff, Executive Director of Legal Community Against Violence (LCAV), a nonprofit law center formed in the wake of the 1993 assault weapon massacre at 101 California Street in San Francisco. "Renewal of the assault weapon ban was supported by an overwhelming majority of the American public, including gun owners," she stated.
Schiff urged state and local governments to act to adopt their own assault weapon laws. "Expiration of the federal ban demonstrates that we cannot rely solely on Congress and the President. It is crucial that state and local governments implement innovative laws and policies to fill in gaps in federal law and serve as a catalyst for the nationwide policies we need."
Today LCAV reissued its report, Banning Assault Weapons -- A Legal Primer for State and Local Action, as a legal roadmap for public officials and gun violence prevention activists working to ban assault weapons at the state and local level. "The model law contained in the report provides a starting point for these efforts," Schiff said. "California's law, the most comprehensive assault weapon ban in the country, was a key source for our model, but we also incorporated the best elements of other state and local assault weapon bans. As a result, LCAV's model is stronger than any existing state or local ban, stronger even than bills introduced in the Senate and House to improve the now-expired federal ban."
In addition to California, six other states -- Connecticut, New Jersey, Hawaii, Maryland, Massachusetts and New York -- have assault weapon bans in place. At least 17 local communities across the nation also have adopted assault weapon bans.
"Existing laws must be vigorously enforced and many more jurisdictions must act to help keep these horrific weapons of war off our streets," Schiff added.
Schiff observed that the gun industry has eagerly anticipated the expiration of the federal law. "Production of assault weapons is expected to increase and prices of the weapons are expected to drop as gun manufacturers flood the civilian marketplace," she stated. "The need for strong state and local gun policies is more urgent than ever."
Schiff noted that President Bush had repeatedly pledged support for reauthorization of the ban -- stating during the last presidential campaign that "It makes no sense for assault weapons to be around our society" - yet failed to act in furtherance of that pledge. She stated that the Republican leadership in the House had taken the position that it would only bring a bill to renew the assault weapon ban to a vote if instructed to do so by the President. The President, however, refused to act and the law was allowed to lapse.
Date of Release: September 14, 2004
This article is online at
http://www.jointogether.org/z/0,2522,574645,00.html
>>>>>>>>>>>>>>>>>>>>>>>>>>
http://www.firearmslawcenter.org/library/reports_analyses/assaultweaponreport.asp
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.