HB 4262 prohibitions against carrying certain weapons

[Quaamik]

Reading the analysis, this bill needs to die and fast.

The exemption that allows anyone who wants to to carry a pocket knife (the 3 inch rule) goes away.

It subtly redefines knives. Rather than our current language that forces prosecutors to show intent to use a folding knife as a weapon (if over 3 inches), the law classifies a knife as a weapon unless the person accused can show it's not. The way I read it police stopping a person under the current law would have to have some reasonable suspicion a folding knife was intended as a weapon in order to make an arrest / prosecution stick, and the accused was innocent unless proved they intended it as a weapon. The new bill would assume it is a weapon, and the accused would have to show it was used for hunting, or as a tool necessary for a hobby or work. In other words, guilty until proven innocent.

On a 1 - 5 scale, this comes in at 0

[Quaamik]

e-mail sent to my senator.

[G22]

Reading the analysis, this bill needs to die and fast.

The exemption that allows anyone who wants to to carry a pocket knife (the 3 inch rule) goes away.

It subtly redefines knives. Rather than our current language that forces prosecutors to show intent to use a folding knife as a weapon (if over 3 inches), the law classifies a knife as a weapon unless the person accused can show it's not. The way I read it police stopping a person under the current law would have to have some reasonable suspicion a folding knife was intended as a weapon in order to make an arrest / prosecution stick, and the accused was innocent unless proved they intended it as a weapon. The new bill would assume it is a weapon, and the accused would have to show it was used for hunting, or as a tool necessary for a hobby or work. In other words, guilty until proven innocent.

On a 1 - 5 scale, this comes in at 0

I agree 100%

I have already contacted my gun grabbing anti-freedom Senator on this issue.

[RSF]

I agree 100%

I have already contacted my gun grabbing anti-freedom Senator on this issue.

Wonder what Mcrgo has to say

[G22]

Wonder what Mcrgo has to say

/crickets

[luckless]

Wonder what Mcrgo has to say

MSP hasn't told them yet.

[Tallbear]

COMMITTEE: Judiciary

DATE: Tuesday, June 11, 2013

TIME: 2:30 PM

PLACE: Room 110, Farnum Building, 125 W. Allegan Street, Lansing, MI 48933

PHONE: Lauren Michalak (373-5323), Committee Clerk


AGENDA

SB 105 Sen. Schuitmaker Criminal procedure; DNA; collection of DNA samples at time of arrest for committing or attempting to commit a felony offense; provide for in DNA identification profiling system.

SB 106 Sen. Schuitmaker Criminal procedure; DNA; collection of DNA samples at time of arrest for committing or attempting to commit a felony offense; provide for in probate code of 1939.

SB 107 Sen. Jones Criminal procedure; DNA; collection of DNA samples at time of arrest for committing a felony or attempting to commit a felony offense; provide for in Michigan penal code.

HB 4262 Rep. Foster Crimes; weapons; prohibitions against carrying certain weapons; revise.

SB 410 Sen. Schuitmaker Law enforcement; other; certain records of probation to be provided to the Michigan commission on law enforcement standards; require.

SB 411 Sen. Schuitmaker Law enforcement; other; Michigan commission on law enforcement standards (MCOLES); create, and provide for powers and duties of that commission.

SB 412 Sen. Schuitmaker Law enforcement; funds; administration of Michigan justice training fund; revise to reflect changes made under the Michigan commission on law enforcement standards act.

HB 4613 Rep. O'Brien Housing; landlord and tenants; requirement for lawful reentry by landlord; modify in case of death of tenant.

SB 325 Sen. Jones Children; abduction; uniform child abduction prevention act; create.

[Tallbear]

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: 6/13/2013 Analysis File Added

[G22]

The bill would amend the Michigan Penal Code to remove a reference to certain types of knives from the felony of going armed with a dangerous weapon, and revise the restriction on carrying a concealed knife.

The bill would take effect 90 days after its enactment. Under the Penal Code, a person who goes armed with a pistol or other firearm, a dagger, dirk, razor, stiletto, or knife having a blade more than three inches long, or any other dangerous or deadly weapon, with the intent to use it against another person, is guilty of a felony punishable by up to five years imprisonment and/or a maximum fine of $2,500. The bill would delete dagger, dirk, and stiletto from that provision and would remove the three inch restriction on a knife.

The Penal Code prohibits a person from carrying a concealed dagger, dirk, stiletto, double-edged nonfolding stabbing instrument of any length, or any other dangerous weapon, except a hunting knife. The prohibition extends to carrying the weapon in a vehicle, whether concealed or not. A violation is a felony, punishable by up to five years imprisonment and/or a maximum fine of $2,500.

Under the bill, instead, a person could not carry on his or her person a concealed double-edged nonfolding knife of any length, or any other bladed object designed, manufactured, or intended to be used to cause death or injury to any person, and could not carry such an item in any vehicle whether concealed or not. The prohibition would not apply to an object the person carried in his or her house or place of business or on other land he or she possessed; an object carried in transit between those locations that was securely encased and not readily accessible for immediate use; or an object carried in the course of hunting, fishing, or trapping or for use as a tool in the course of the person's occupation or hobby, if that hobby reasonably required the use of the object.

Get ready...

[Crow Buster]

The changes at the beginning of the bill look decent, but the additional text of "such , [BLADED] OBJECT DESIGNED, MANUFACTURED, OR INTENDED TO BE USED TO CAUSE DEATH OR INJURY TO ANY PERSON" puts everyone in an unreasonable position to know the origins and thoughts of the knife designers. This is untenable.

Previous version allowed that unless you had unlawful intentions, you were okay. Not anymore.

looks like this got 107 yeas and only 2 nays.