SENATE BILL NO. 492

A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending sections 227, 227b, 230, and 237a (MCL 750.227, 750.227b, 750.230, and 750.237a), section 227 as amended by 1986 PA 8, section 227b as amended by 2015 PA 26, and section 237a as amended by 2017 PA 96; and to repeal acts and parts of acts.

the people of the state of michigan enact:

Sec. 227. (1) A person shall not carry a dagger, dirk, stiletto, a double-edged nonfolding stabbing instrument of any length, or any other dangerous weapon , except a hunting knife adapted and carried as such, concealed on or about his or her person, or whether concealed or otherwise in any vehicle operated or occupied by the person, except in his or her dwelling house, in his or her place of business, or on other land possessed by the person.

(2) Subsection (1) does not apply to either of the following:

(a) A pistol.

(b) A hunting knife adapted and carried as a hunting knife.

(3) (2) A person who is prohibited by state or federal law from possessing a firearm shall not carry a pistol concealed on or about his or her person, or, whether concealed or otherwise, in a vehicle operated or occupied by the person. , except in his or her dwelling house, place of business, or on other land possessed by the person, without a license to carry the pistol as provided by law and if licensed, shall not carry the pistol in a place or manner inconsistent with any restrictions upon such license.

(4) (3) A person who violates this section is guilty of a felony , punishable by imprisonment for not more than 5 years , or by a fine of not more than $2,500.00.

Sec. 227b. (1) A person who carries or has in his or her possession a firearm when he or she commits or attempts to commit a felony, except a violation of section 223, 227, 227a, or 230, is guilty of a felony and shall be punished by imprisonment for 2 years. Upon a second conviction under this subsection, the person shall be punished by imprisonment for 5 years. Upon a third or subsequent conviction under this subsection, the person shall be punished by imprisonment for 10 years.

(2) A person who carries or has in his or her possession a pneumatic gun and uses that pneumatic gun in furtherance of committing or attempting to commit a felony, except a violation of section 223, 227, 227a, or 230, is guilty of a felony and shall be punished by imprisonment for 2 years. Upon a second conviction under this subsection, the person shall be punished by imprisonment for 5 years. Upon a third or subsequent conviction under this subsection, the person shall be punished by imprisonment for 10 years.

(3) A term of imprisonment prescribed by this section is in addition to the sentence imposed for the conviction of the felony or the attempt to commit the felony and shall must be served consecutively with and preceding any term of imprisonment imposed for the conviction of the felony or attempt to commit the felony.

(4) A term of imprisonment imposed under this section shall not be suspended. The person subject to the sentence mandated by this section is not eligible for parole or probation during the mandatory term imposed under subsection (1) or (2).

(5) This section does not apply to a law enforcement officer who is authorized to carry a firearm while in the official performance of his or her duties and who is in the performance of those duties. As used in this subsection, "law enforcement officer" means a person who is regularly employed as a member of a duly authorized police agency or other organization of the United States, this state, or a city, county, township, or village of this state and who is responsible for the prevention and detection of crime and the enforcement of the general criminal laws of this state.

Sec. 230. A person who shall wilfully alter, remove, or obliterate willfully alters, removes, or obliterates the name of the maker, model, manufacturer's number, or other mark of identity of a pistol or other firearm, shall be is guilty of a felony , punishable by imprisonment for not more than 2 years or fine of not more than $1,000.00. Possession of a firearm upon which the number shall have has been altered, removed, or obliterated, other than an antique firearm as defined by section 231a(2)(a) or (b), shall be 237a, is presumptive evidence that the possessor has altered, removed, or obliterated the same.

Sec. 237a. (1) An individual who engages in conduct proscribed under section 224, 224a, 224b, 224c, 224e, 226, 227, 227a, 227f, 234a, 234b, or 234c, or who engages in conduct proscribed under section 223(2) for a second or subsequent time, in a weapon free school zone is guilty of a felony punishable by 1 or more of the following:

(a) Imprisonment for not more than the maximum term of imprisonment authorized for the section