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Thread: HB 4262 prohibitions against carrying certain weapons

  1. #1

    HB 4262 prohibitions against carrying certain weapons

    HB 4262 of 2013
    Crimes; weapons; prohibitions against carrying certain weapons; revise. Amends secs. 226, 227 & 231 of 1931 PA 328 (MCL 750.226 et seq.).
    Last Action: 2/14/2013 referred to Committee on Tourism
    Mike"Tallbear"Thiede

    Own it Respect it Secure it


  2. #2
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    Is this doing away with the prohibition of carrying a double edged knife?

  3. #3
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    I'm just a layman; but this looks like anti open carry legislation. Correct?

    ETA: I guess I should re-read the bill.
    Last edited by Jack-w-1911; 02-16-2013 at 10:45 PM.

  4. #4
    MGO Member Roundballer's Avatar
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    Very similar to a bill that failed last year, some good, some bad. The last bill also repealed switch blade bans, this one doesn't.

    If 1=bad, and 5=good, with 3=dead center, this is about 2.5....


    Life Member, NRA, Lapeer County Sportsmen's Club Disclaimer: I Am Not A Lawyer. Opinions expressed are not representative of any organization to which I may belong, and are solely mine. Any natural person or legal entity reading this post accepts all responsibility for any actions undertaken by that person or entity, based upon what they perceived was contained in this post, and shall hold harmless this poster, his antecedents, and descendants, in perpetuity.

  5. #5
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    Looks to me like it says carrying a knife of any size is a felony unless you can PROVE it is a "tool" that you need that day for your job or hobby.
    Carrying a pocket knife just because will be illegal.

    I vote NO!

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    ......................
    Last edited by Leader; 02-26-2013 at 04:36 AM.

  7. #7
    MGO Member Roundballer's Avatar
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    I think that you are miss-reading this.
    Quote Originally Posted by Leader
    Looks to me like it says carrying a knife of any size is a felony unless you can PROVE it is a "tool" that you need that day for your job or hobby.
    Carrying a pocket knife just because will be illegal.

    I vote NO!
    The changes in 227, that call out the exceptions, states that it doesn't apply for those exceptions. It would still be the prosecutors job to prove that you didn't fit the exception.

    The changes in the language of 226 does open it up to folding knives, but maintains the "with intent" language, and unfortunately drops the length phrase.

    Quote Originally Posted by Leader
    Looks to me like it says (Sec.227) carrying a knife of any size is a felony unless you can PROVE it is a "tool" that you need that day for your job or hobby.
    Carrying a pocket knife just because will be illegal.
    The language in 227 is specifically about "fixed blade", carrying "concealed" or "in a vehicle". It does not apply to folding pocket knives.

    I agree, this should NOT pass the way it is. I really do want the "hobby" exception, but not at the sacrifice being proposed.

    The third section of law being modified 231 has nothing to do with the changes in the other two.

    This bill should also have a preemption for knives added to 123.1102.


    Life Member, NRA, Lapeer County Sportsmen's Club Disclaimer: I Am Not A Lawyer. Opinions expressed are not representative of any organization to which I may belong, and are solely mine. Any natural person or legal entity reading this post accepts all responsibility for any actions undertaken by that person or entity, based upon what they perceived was contained in this post, and shall hold harmless this poster, his antecedents, and descendants, in perpetuity.

  8. #8
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    Quote Originally Posted by Roundballer
    I think that you are miss-reading this.

    The changes in 227, that call out the exceptions, states that it doesn't apply for those exceptions. It would still be the prosecutors job to prove that you didn't fit the exception.

    The changes in the language of 226 does open it up to folding knives, but maintains the "with intent" language, and unfortunately drops the length phrase.


    The language in 227 is specifically about "fixed blade", carrying "concealed" or "in a vehicle". It does not apply to folding pocket knives.

    I agree, this should NOT pass the way it is. I really do want the "hobby" exception, but not at the sacrifice being proposed.

    The third section of law being modified 231 has nothing to do with the changes in the other two.

    This bill should also have a preemption for knives added to 123.1102.
    snip......or any other OBJECT DESIGNED, MANUFACTURED, OR
    4 INTENDED TO BE USED TO CAUSE DEATH OR INJURY TO ANY PERSON,...snip
    That looks to me like it pretty much covers any knife, folding or not.

  9. #9
    MGO Member Roundballer's Avatar
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    Quote Originally Posted by Leader
    snip......or any other OBJECT DESIGNED, MANUFACTURED, OR 4 INTENDED TO BE USED TO CAUSE DEATH OR INJURY TO ANY PERSON,...snip
    That looks to me like it pretty much covers any knife, folding or not.
    You missed a word in triming out the bolds and strikes:

    Sec. 227. (1) A person shall not carry a double-edged nonfolding knife of any length, or any other such object designed, manufactured, or intended to be used to cause death or injury to any person, concealed on or about his or her person or, whether concealed or otherwise, in any vehicle operated or occupied by the person. This subsection does not apply to any of the following:
    That single word limits it to other items that meet the same criteria.


    Life Member, NRA, Lapeer County Sportsmen's Club Disclaimer: I Am Not A Lawyer. Opinions expressed are not representative of any organization to which I may belong, and are solely mine. Any natural person or legal entity reading this post accepts all responsibility for any actions undertaken by that person or entity, based upon what they perceived was contained in this post, and shall hold harmless this poster, his antecedents, and descendants, in perpetuity.

  10. #10
    What does anything in this bill have to do with tourism ?

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