HB 4151,4152,4153,4154,4155,4156 change definition

[Tallbear]

HB 4151 of 2015 (http://www.legislature.mi.gov/mileg.aspx?page=getobject&objectname=2015-HB-4151)
Weapons; firearms; 1959 PA 186; repeal. Repeals 1959 PA 186 (MCL 752.891 - 752.892).
Last Action: 2/5/2015 referred to Committee on Judiciary
HB 4152 of 2015 (http://www.legislature.mi.gov/mileg.aspx?page=getobject&objectname=2015-HB-4152)
Weapons; firearms; definition of firearm in MCL 8.3t; modify. Amends sec. 3t of 1846 RS 1 (MCL 8.3t).
Last Action: 2/5/2015 referred to Committee on Judiciary
HB 4153 of 2015 (http://www.legislature.mi.gov/mileg.aspx?page=getobject&objectname=2015-HB-4153)
Weapons; firearms; definition of firearm in MCL 752.841; modify. Amends sec. 1 of 1952 PA 10 (MCL 752.841).
Last Action: 2/5/2015 referred to Committee on Judiciary
HB 4154 of 2015 (http://www.legislature.mi.gov/mileg.aspx?page=getobject&objectname=2015-HB-4154)
Weapons; firearms; definition of firearm in natural resources and environmental protection act; modify. Amends secs. 40102, 40111 & 43503 of 1994 PA 451 (MCL 324.40102 et seq.).
Last Action: 2/5/2015 referred to Committee on Judiciary
HB 4155 of 2015 (http://www.legislature.mi.gov/mileg.aspx?page=getobject&objectname=2015-HB-4155)
Weapons; firearms; definition of firearm in the Michigan penal code; modify. Amends secs. 222, 226, 227b, 227c, 227d, 237a & 528a of 1931 PA 328 (MCL 750.222 et seq.).
Last Action: 2/5/2015 referred to Committee on Judiciary
HB 4156 of 2015 (http://www.legislature.mi.gov/mileg.aspx?page=getobject&objectname=2015-HB-4156)
Weapons; firearms; definition of firearm in 1927 PA 372; modify. Amends sec. 1 of 1927 PA 372 (MCL 28.421).
Last Action: 2/5/2015 referred to Committee on Judiciary

[Roundballer]

Just the reincarnation of the bills removing pneumatic guns from the firearms category. Almost the same bills that the Gov vetoed because the whole package didn't make it to him.

They are doing something in 4155, altering the definition of Law Enforcement Officer.

[Tallbear]

DATE: Tuesday, February 10, 2015

TIME: 12:00 PM

PLACE: Room 521, House Office Building, Lansing, MI

AGENDA:
Testimony only:

HB 4076 (Rep. Rendon) Weapons; firearms; reference to certain repealed definition in the penal code; eliminate.

HB 4151 (Rep. Pettalia) Weapons; firearms; 1959 PA 186; repeal.

HB 4152 (Rep. Sheppard) Weapons; firearms; definition of firearm in MCL 8.3t; modify.

HB 4153 (Rep. Franz) Weapons; firearms; definition of firearm in MCL 752.841; modify.

HB 4154 (Rep. Brett Roberts) Weapons; firearms; definition of firearm in natural resources and environmental protection act; modify.

HB 4155 (Rep. Cole) Weapons; firearms; definition of firearm in the Michigan penal code; modify.

HB 4156 (Rep. Barrett) Weapons; firearms; definition of firearm in 1927 PA 372; modify.

HB 4159 (Rep. Johnson) Weapons; licensing; waiver for certain individuals to carry weapon in weapon-free zones; expand to include certain corrections, probation, and parole officers.

HB 4160 (Rep. Johnson) Weapons; other; brandishing a firearm; exempt certain actions.

HB 4161 (Rep. Hughes) Weapons; other; definition of brandish; provide for.

SB 34 (Sen. Green) Weapons; licensing; concealed pistol licensing boards; eliminate, and transfer duties to the department of state police and county clerks.

SB 35 (Sen. Green) Criminal procedure; sentencing guidelines; reference in sentencing guidelines; update.

[Tallbear]

DATE: Tuesday, February 17, 2015

TIME: 12:00 PM

PLACE: Room 521, House Office Building, Lansing, MI

AGENDA:
HB 4159 (Rep. Johnson) Weapons; licensing; waiver for certain individuals to carry weapon in weapon-free zones; expand to include certain corrections, probation, and parole officers.

HB 4160 (Rep. Johnson) Weapons; other; brandishing a firearm; exempt certain actions.

HB 4161 (Rep. Hughes) Weapons; other; definition of brandish; provide for.

HB 4076 (Rep. Rendon) Weapons; firearms; reference to certain repealed definition in the penal code; eliminate.

HB 4151 (Rep. Pettalia) Weapons; firearms; 1959 PA 186; repeal.

HB 4152 (Rep. Sheppard) Weapons; firearms; definition of firearm in MCL 8.3t; modify.

HB 4153 (Rep. Franz) Weapons; firearms; definition of firearm in MCL 752.841; modify.

HB 4154 (Rep. Brett Roberts) Weapons; firearms; definition of firearm in natural resources and environmental protection act; modify.

HB 4155 (Rep. Cole) Weapons; firearms; definition of firearm in the Michigan penal code; modify.

HB 4156 (Rep. Barrett) Weapons; firearms; definition of firearm in 1927 PA 372; modify.

SB 34 (Sen. Green) Weapons; licensing; concealed pistol licensing boards; eliminate, and transfer duties to the department of state police and county clerks.

SB 35 (Sen. Green) Criminal procedure; sentencing guidelines; reference in sentencing guidelines; update.

[Tallbear]

HB 4151 of 2015
Weapons; firearms; 1959 PA 186; repeal. Repeals 1959 PA 186 (MCL 752.891 - 752.892).
Last Action: 2/13/2015 Analysis File Added
HB 4152 of 2015
Weapons; firearms; definition of firearm in MCL 8.3t; modify. Amends sec. 3t of 1846 RS 1 (MCL 8.3t).
Last Action: 2/13/2015 Analysis File Added
HB 4153 of 2015
Weapons; firearms; definition of firearm in MCL 752.841; modify. Amends sec. 1 of 1952 PA 10 (MCL 752.841).
Last Action: 2/13/2015 Analysis File Added
HB 4154 of 2015
Weapons; firearms; definition of firearm in natural resources and environmental protection act; modify. Amends secs. 40102, 40111 & 43503 of 1994 PA 451 (MCL 324.40102 et seq.).
Last Action: 2/13/2015 Analysis File Added
HB 4155 of 2015
Weapons; firearms; definition of firearm in the Michigan penal code; modify. Amends secs. 222, 226, 227b, 227c, 227d, 237a & 528a of 1931 PA 328 (MCL 750.222 et seq.).
Last Action: 2/13/2015 Analysis File Added
HB 4156 of 2015
Weapons; firearms; definition of firearm in 1927 PA 372; modify. Amends sec. 1 of 1927 PA 372 (MCL 28.421).
Last Action: 2/13/2015 Analysis File Added

[RayMich]

Can someone give us a Cliff Notes version of these bills? - Thanks.

If these bills are signed into law, does that mean that .22 caliber pellet guns with rifled barrels will no longer be considered firearms and such handguns will no longer have to be registered?

This would also affect the Gamo Whisper rifles with the integral suppressors [ http://www.gamowhisper.com/ ] that are currently illegal in Michigan.

[Roundballer]

You pretty much have it correct with the definition of "firearm". This removes it from the regulated areas.

I also see that it has passed (as of today) and is being transmitted back to the House. There is a glitch though. This is tie-barred with a Senate bill that adds language to 123.1102 to limit locals from interfering because they are no longer "firearms". That bill is stuck in committee and hasn't moved.

A portion of this also changes language so that "pneumatic gun" use can still be regulated by the DNR for hunting purposes.

And the "silencer" issue isn't affected by this at all. The "rifle" is no longer a firearm, but the silencer portion is still a silencer. An AG opinion would fix it (I think), but Michigan law still requires the tax stamp from the feds and doesn't make an exception if it is built into something that is not a firearm.

[Tallbear]

HB 4151 of 2015
Weapons; firearms; 1959 PA 186; repeal. Repeals 1959 PA 186 (MCL 752.891 - 752.892).
Last Action: 2/26/2015 transmitted
HB 4152 of 2015
Weapons; firearms; definition of firearm in MCL 8.3t; modify. Amends sec. 3t of 1846 RS 1 (MCL 8.3t).
Last Action: 2/26/2015 transmitted
HB 4153 of 2015
Weapons; firearms; definition of firearm in MCL 752.841; modify. Amends sec. 1 of 1952 PA 10 (MCL 752.841).
Last Action: 2/26/2015 transmitted
HB 4154 of 2015
Weapons; firearms; definition of firearm in natural resources and environmental protection act; modify. Amends secs. 40102, 40111 & 43503 of 1994 PA 451 (MCL 324.40102 et seq.).
Last Action: 2/26/2015 transmitted
HB 4155 of 2015
Weapons; firearms; definition of firearm in the Michigan penal code; modify. Amends secs. 222, 226, 227b, 227c, 227d, 237a & 528a of 1931 PA 328 (MCL 750.222 et seq.).
Last Action: 2/26/2015 transmitted
HB 4156 of 2015
Weapons; firearms; definition of firearm in 1927 PA 372; modify. Amends sec. 1 of 1927 PA 372 (MCL 28.421).
Last Action: 2/26/2015 transmitted

[RayMich]

You pretty much have it correct with the definition of "firearm". This removes it from the regulated areas.

I also see that it has passed (as of today) and is being transmitted back to the House. There is a glitch though. This is tie-barred with a Senate bill that adds language to 123.1102 to limit locals from interfering because they are no longer "firearms". That bill is stuck in committee and hasn't moved.

A portion of this also changes language so that "pneumatic gun" use can still be regulated by the DNR for hunting purposes.

And the "silencer" issue isn't affected by this at all. The "rifle" is no longer a firearm, but the silencer portion is still a silencer. An AG opinion would fix it (I think), but Michigan law still requires the tax stamp from the feds and doesn't make an exception if it is built into something that is not a firearm.
Thank you.

[RayMich]

MCL 750.224 - Sec. 224. (1) A person shall not manufacture, sell, offer for sale, or possess any of the following:
(b) A muffler or silencer.

(4) As used in this chapter, “muffler” or “silencer” means 1 or more of the following:
(a) A device for muffling, silencing, or deadening the report of a firearm.
(b) A combination of parts, designed or redesigned, and intended for use in assembling or fabricating a muffler or silencer.
(c) A part, designed or redesigned, and intended only for use in assembling or fabricating a muffler or silencer.


If this package of bills is signed into law, then a pellet gun would no longer be considered a firearm and therefore a silencer integral to a GAMO pellet rifle would no longer meet the definition in MCL 750.224 (4)a. - So I would think that the passage of these bills would make the GAMO Whisper rifle legal to possess in Michigan.

I don't think that an AG opinion is necessary.

[Roundballer]

Agreed!

I spotted that later when it was being discussed. It is a good thing.

Now, after this gets through (if), how long will it take to get the "mail-order" houses to pick up on it?

[Tallbear]

HB 4151 of 2015
Weapons; firearms; 1959 PA 186; repeal. Repeals 1959 PA 186 (MCL 752.891 - 752.892).
Last Action: 3/3/2015 REFERRED TO COMMITTEE ON JUDICIARY
HB 4152 of 2015
Weapons; firearms; definition of firearm in MCL 8.3t; modify. Amends sec. 3t of 1846 RS 1 (MCL 8.3t).
Last Action: 3/3/2015 REFERRED TO COMMITTEE ON JUDICIARY
HB 4153 of 2015
Weapons; firearms; definition of firearm in MCL 752.841; modify. Amends sec. 1 of 1952 PA 10 (MCL 752.841).
Last Action: 3/3/2015 REFERRED TO COMMITTEE ON JUDICIARY
HB 4154 of 2015
Weapons; firearms; definition of firearm in natural resources and environmental protection act; modify. Amends secs. 40102, 40111 & 43503 of 1994 PA 451 (MCL 324.40102 et seq.).
Last Action: 3/3/2015 REFERRED TO COMMITTEE ON JUDICIARY
HB 4155 of 2015
Weapons; firearms; definition of firearm in the Michigan penal code; modify. Amends secs. 222, 226, 227b, 227c, 227d, 237a & 528a of 1931 PA 328 (MCL 750.222 et seq.).
Last Action: 3/3/2015 REFERRED TO COMMITTEE ON JUDICIARY
HB 4156 of 2015
Weapons; firearms; definition of firearm in 1927 PA 372; modify. Amends sec. 1 of 1927 PA 372 (MCL 28.421).
Last Action: 3/3/2015 REFERRED TO COMMITTEE ON JUDICIARY

[Tallbear]

DATE: Tuesday, March 10, 2015



TIME: 3:00 p.m.



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



PHONE: Corey Woodby (517) 373-1721

Committee Clerk



AGENDA



HB 4151 Rep. Pettalia Weapons; firearms; 1959 PA 186; repeal.



HB 4152 Rep. Sheppard Weapons; firearms; definition of firearm in MCL 8.3t; modify.



HB 4153 Rep. Franz Weapons; firearms; definition of firearm in MCL 752.841; modify.



HB 4154 Rep. Roberts Weapons; firearms; definition of firearm in natural resources and environmental protection act; modify.



HB 4155 Rep. Cole Weapons; firearms; definition of firearm in the Michigan penal code; modify.



HB 4156 Rep. Barrett Weapons; firearms; definition of firearm in 1927 PA 372; modify.



SB 85 Sen. Hildenbrand Weapons; firearms; definition of pneumatic guns; provide for, and prohibit certain regulations by local units of government.

[RayMich]

Agreed!

I spotted that later when it was being discussed. It is a good thing.

Now, after this gets through (if), how long will it take to get the "mail-order" houses to pick up on it?
I suppose you could provide a link and a copy of the new law to the mail order house when you order your rifle.

[CPO]

I suppose you could provide a link and a copy of the new law to the mail order house when you order your rifle.
Don't know about all of them. But Airgun Depot and PYMD have good legal resurch depts. About all it should take for them is an E-MAIL to let them know what has happened. I really hope this all gets passed and soon. got my eye on a Hatsan pistol. Believe the Senate bill you are talking about being tied in with the House bills is SB0085.

[Roundballer]

Believe the Senate bill you are talking about being tied in with the House bills is SB0085.

Yep, that is the one: 2015-SB-0085 (http://legislature.mi.gov/doc.aspx?2015-SB-0085)

But I referred to that in the other thread, it hasn't been brought up in this one.

So now the list is:

(a) Senate Bill No. 85.

(b) House Bill No. 4151.

(c) House Bill No. 4152.

(d) House Bill No. 4153.

(e) House Bill No. 4154.

(f) House Bill No. 4155.

(g) House Bill No. 4295

They all have to get through to have this work.

[RDak]

These appear to be total pro gun bills, so I would imagine Snyder will veto them.

[Leader]

These appear to be total pro gun bills, so I would imagine Snyder will veto them.

I can agree with that.
I see nothing gained by the state in any of these bills so I would suspect he will veto them in the unlikely event they get to his desk.

[CPO]

Yep, that is the one:

But I referred to that in the other thread, it hasn't been brought up in this one.

Excuse Me! Must have missed the rule about not saying anything in a post unless it has already been referred to.

[Roundballer]

Excuse Me! Must have missed the rule about not saying anything in a post unless it has already been referred to.
Don't take offense. It was not intended as a jab. There was just no reference to whom the "you" was in this sentence, nor where the talking was being done: "Believe the Senate bill you are talking about being tied in with the House bills is SB0085."

I admitted culpability and just noted it was not in this thread so no one would go looking for it. I even acknowledged that your bill number reference was correct.

[Tallbear]

HB 4151 of 2015
Weapons; firearms; 1959 PA 186; repeal. Repeals 1959 PA 186 (MCL 752.891 - 752.892).
Last Action: 3/10/2015 Analysis File Added
HB 4152 of 2015
Weapons; firearms; definition of firearm in MCL 8.3t; modify. Amends sec. 3t of 1846 RS 1 (MCL 8.3t).
Last Action: 3/10/2015 Analysis File Added
HB 4153 of 2015
Weapons; firearms; definition of firearm in MCL 752.841; modify. Amends sec. 1 of 1952 PA 10 (MCL 752.841).
Last Action: 3/10/2015 Analysis File Added
HB 4154 of 2015
Weapons; firearms; definition of firearm in natural resources and environmental protection act; modify. Amends secs. 40102, 40111 & 43503 of 1994 PA 451 (MCL 324.40102 et seq.).
Last Action: 3/10/2015 Analysis File Added
HB 4155 of 2015
Weapons; firearms; definition of firearm in the Michigan penal code; modify. Amends secs. 222, 226, 227b, 227c, 227d, 237a & 528a of 1931 PA 328 (MCL 750.222 et seq.).
Last Action: 3/10/2015 Analysis File Added
HB 4156 of 2015
Weapons; firearms; definition of firearm in 1927 PA 372; modify. Amends sec. 1 of 1927 PA 372 (MCL 28.421).
Last Action: 3/10/2015 Analysis File Added

[Tallbear]

HB 4151 of 2015
Weapons; firearms; 1959 PA 186; repeal. Repeals 1959 PA 186 (MCL 752.891 - 752.892).
Last Action: 3/12/2015 REFERRED TO COMMITTEE OF THE WHOLE
HB 4152 of 2015
Weapons; firearms; definition of firearm in MCL 8.3t; modify. Amends sec. 3t of 1846 RS 1 (MCL 8.3t).
Last Action: 3/12/2015 REFERRED TO COMMITTEE OF THE WHOLE
HB 4153 of 2015
Weapons; firearms; definition of firearm in MCL 752.841; modify. Amends sec. 1 of 1952 PA 10 (MCL 752.841).
Last Action: 3/12/2015 REFERRED TO COMMITTEE OF THE WHOLE
HB 4154 of 2015
Weapons; firearms; definition of firearm in natural resources and environmental protection act; modify. Amends secs. 40102, 40111 & 43503 of 1994 PA 451 (MCL 324.40102 et seq.).
Last Action: 3/12/2015 REFERRED TO COMMITTEE OF THE WHOLE WITH SUBSTITUTE S-1
HB 4155 of 2015
Weapons; firearms; definition of firearm in the Michigan penal code; modify. Amends secs. 222, 226, 227b, 227c, 227d, 237a & 528a of 1931 PA 328 (MCL 750.222 et seq.).
Last Action: 3/12/2015 REFERRED TO COMMITTEE OF THE WHOLE WITH SUBSTITUTE S-1
HB 4156 of 2015
Weapons; firearms; definition of firearm in 1927 PA 372; modify. Amends sec. 1 of 1927 PA 372 (MCL 28.421).
Last Action: 3/12/2015 REFERRED TO COMMITTEE OF THE WHOLE WITH SUBSTITUTE S-1

[Tallbear]

HB 4151 of 2015
Weapons; firearms; 1959 PA 186; repeal. Repeals 1959 PA 186 (MCL 752.891 - 752.892).
Last Action: 3/17/2015 Analysis File Added
HB 4152 of 2015
Weapons; firearms; definition of firearm in MCL 8.3t; modify. Amends sec. 3t of 1846 RS 1 (MCL 8.3t).
Last Action: 3/17/2015 Analysis File Added
HB 4153 of 2015
Weapons; firearms; definition of firearm in MCL 752.841; modify. Amends sec. 1 of 1952 PA 10 (MCL 752.841).
Last Action: 3/17/2015 Analysis File Added
HB 4154 of 2015
Weapons; firearms; definition of firearm in natural resources and environmental protection act; modify. Amends secs. 40102, 40111 & 43503 of 1994 PA 451 (MCL 324.40102 et seq.).
Last Action: 3/17/2015 Analysis File Added
HB 4155 of 2015
Weapons; firearms; definition of firearm in the Michigan penal code; modify. Amends secs. 222, 226, 227b, 227c, 227d, 237a & 528a of 1931 PA 328 (MCL 750.222 et seq.).
Last Action: 3/17/2015 Analysis File Added
HB 4156 of 2015
Weapons; firearms; definition of firearm in 1927 PA 372; modify. Amends sec. 1 of 1927 PA 372 (MCL 28.421).
Last Action: 3/17/2015 Analysis File Added

[MP Miller]

What does this change it to?

[luckless]

What does this change it to?
Essentially, they are adding penalties. They are going to stop calling air guns "firearms" but they are amending the bill so that the same penalties apply to air guns as firearms. Trust me, they aren't going to do us any favors.

[Tallbear]

HB 4151 of 2015
Weapons; firearms; 1959 PA 186; repeal. Repeals 1959 PA 186 (MCL 752.891 - 752.892).
Last Action: 4/28/2015 Analysis File Added
HB 4152 of 2015
Weapons; firearms; definition of firearm in MCL 8.3t; modify. Amends sec. 3t of 1846 RS 1 (MCL 8.3t).
Last Action: 4/28/2015 Analysis File Added
HB 4153 of 2015
Weapons; firearms; definition of firearm in MCL 752.841; modify. Amends sec. 1 of 1952 PA 10 (MCL 752.841).
Last Action: 4/28/2015 Analysis File Added
HB 4154 of 2015
Weapons; firearms; definition of firearm in natural resources and environmental protection act; modify. Amends secs. 40102, 40111 & 43503 of 1994 PA 451 (MCL 324.40102 et seq.).
Last Action: 4/28/2015 Analysis File Added
HB 4155 of 2015
Weapons; firearms; definition of firearm in the Michigan penal code; modify. Amends secs. 222, 226, 227b, 227c, 227d, 237a & 528a of 1931 PA 328 (MCL 750.222 et seq.).
Last Action: 4/28/2015 Analysis File Added
HB 4156 of 2015
Weapons; firearms; definition of firearm in 1927 PA 372; modify. Amends sec. 1 of 1927 PA 372 (MCL 28.421).
Last Action: 4/28/2015 Analysis File Added

[Tallbear]

HB 4153 of 2015
Weapons; firearms; definition of firearm in MCL 752.841; modify. Amends sec. 1 of 1952 PA 10 (MCL 752.841).
Last Action: 4/28/2015 PLACED ON ORDER OF THIRD READING

[Roundballer]

As of this afternoon, they have all passed and ordered enrolled.

A couple of them that had amendments are "laid over" for one day by the rules. They should all go to the Gov soon.

Let's hope that SB 0085 and the others catch up.

[Tallbear]

HB 4151 of 2015
Weapons; firearms; 1959 PA 186; repeal. Repeals 1959 PA 186 (MCL 752.891 - 752.892).
Last Action: 4/29/2015 bill ordered enrolled
HB 4152 of 2015
Weapons; firearms; definition of firearm in MCL 8.3t; modify. Amends sec. 3t of 1846 RS 1 (MCL 8.3t).
Last Action: 4/29/2015 bill ordered enrolled
HB 4153 of 2015
Weapons; firearms; definition of firearm in MCL 752.841; modify. Amends sec. 1 of 1952 PA 10 (MCL 752.841).
Last Action: 4/29/2015 bill ordered enrolled
HB 4154 of 2015
Weapons; firearms; definition of firearm in natural resources and environmental protection act; modify. Amends secs. 40102, 40111 & 43503 of 1994 PA 451 (MCL 324.40102 et seq.).
Last Action: 4/29/2015 laid over one day under the rules
HB 4155 of 2015
Weapons; firearms; definition of firearm in the Michigan penal code; modify. Amends secs. 222, 226, 227b, 227c, 227d, 237a & 528a of 1931 PA 328 (MCL 750.222 et seq.).
Last Action: 4/29/2015 laid over one day under the rules
HB 4156 of 2015
Weapons; firearms; definition of firearm in 1927 PA 372; modify. Amends sec. 1 of 1927 PA 372 (MCL 28.421).
Last Action: 4/29/2015 laid over one day under the rules

[thedonn007]

So, I recieved an email that these have all passed and will be affective 7/1/2015.

[Roundballer]

So, I recieved an email that these have all passed and will be affective 7/1/2015.

Approved by the Governor 5/12/2015 @ 10:06 AM, and given Immediate Effect: 2015-HB-4151 (http://legislature.mi.gov/doc.aspx?2015-HB-4151)

[thedonn007]

Approved by the Governor 5/12/2015 @ 10:06 AM, and given Immediate Effect: 2015-HB-4151 (http://legislature.mi.gov/doc.aspx?2015-HB-4151)

Ok, so does that mean that I can purchase a pellet pistol and have it shipped to my house today then?

[Kaeto]

Not until July 1st. That's when it takes effect.

[Dansjeep2000]

Does anyone know if this affects felons in possession of a pellet gun?

[Roundballer]

Ok, so does that mean that I can purchase a pellet pistol and have it shipped to my house today then?

No, it does not.

You have to understand how this works, and I will try to simplify it some. The Michigan Constitution requires that a bill enacted into law, does not take effect until 90 days after the end of the Legislative Session in which it was enacted.

The Michigan Constitution also allows legislature (with a 2/3 majority) to give a bill "immediate effect", which would have it be the law 5 days after both houses have the finalized legislation in their possession.

What this does is allows the legislature to "time" differing portions of the changes to become effective, when they want it, by placing within the bill when it become effective, and then giving the bill as a whole "immediate effect".

The first bill in this package (and all of the others too) was given "immediate effect" and then says within the bill that:


Enacting section 1. 1959 PA 186, MCL 752.891 to 752.892, is repealed effective July 1, 2015.

Then most of the rest of the bills say that the bill takes effect in 90 days, so around Aug 11~12 the whole package will be in place.


Not until July 1st. That's when it takes effect.
Only the repeal of MCL 752.891 to 752.892

[RayMich]

The NRA email I received says this:


SB 85 allows for certain local units of government to reasonably regulate the use and possession of “pneumatic guns,” with the exception that these devices cannot be regulated on private property where authorization is given and the possessor takes precautionary measures to ensure that the projectile remains within the bounds of the property.

Looks to me like they are allowing the camel's nose inside the tent with respect to preemption. True, pneumatic guns are not the same as firearms, but I can see liberals grabbing onto this "loophole" and running with it to undermine preemption.

Time will tell...

[RayMich]

Does anyone know if this affects felons in possession of a pellet gun?
That is a good question...

[Roundballer]

The NRA email I received says this:



Looks to me like they are allowing the camel's nose inside the tent with respect to preemption. True, pneumatic guns are not the same as firearms, but I can see liberals grabbing onto this "loophole" and running with it to undermine preemption.

Time will tell...
Read the enrolled bill for yourself. There is no room for the locals to go anywhere that the State doesn't want them. There is no "loophole", it is specified what they can and can't do.

2015-SNB-0085 (http://www.legislature.mi.gov/documents/2015-2016/billenrolled/Senate/htm/2015-SNB-0085.htm)

You can't depend on what any third party interprets this as, even the NRA.

I just hope that the "Locals" use the 90 days that they have been given to clear their books of the ordinances that this law strikes down.

[RayMich]

Read the enrolled bill for yourself. There is no room for the locals to go anywhere that the State doesn't want them. There is no "loophole", it is specified what they can and can't do.

2015-SNB-0085 (http://www.legislature.mi.gov/documents/2015-2016/billenrolled/Senate/htm/2015-SNB-0085.htm)

You can't depend on what any third party interprets this as, even the NRA.

I just hope that the "Locals" use the 90 days that they have been given to clear their books of the ordinances that this law strikes down.
I did read the bill and as I said, "time will tell."

I suppose that case law will determine if it is allowable to point a pneumatic gun in self defense. I would think it is allowable, but with all the screwy legal interpretations of gun laws I have seen in the past, we will have to wait and see.

I hope you are correct.

Thank you for your response.
_____________________________

On another note, as Dansjeep2000 asked above, how does this law affect someone who is prohibited by law from possessing a firearm? Can they now possess a pellet gun or paint ball gun for home defense?

[RockinRiley]

What about the whisper air guns, the ones that have a supposed suppressor on them?

[luckless]

After July 1st, airguns aren't firearms. Felons would have to be prohibited from using airguns not firearms and you can have a muffler on something that isn't a firearm. Call your rep and ask. Then tell him "thanks" for voting for it.

Convicted felons should not see my post as legal advice. This is my understanding of the legislation.

[Roundballer]

After July 1st, airguns aren't firearms.
^^^ This is not correct. ^^^
The only thing that happens July 1st is that MCL 752.891 to 752.892 are repealed.

Most everything else goes into effect Aug 10th~12th, that is 90 days after it is enacted into law.



Felons would have to be prohibited from using airguns not firearms and you can have a muffler on something that isn't a firearm. Call your rep and ask. Then tell him "thanks" for voting for it.

Convicted felons should not see my post as legal advice. This is my understanding of the legislation.
What I am reading is that using an airgun in a crime, is still a crime, for everybody. I don't see possession by a felon being illegal, it's possible that I missed it.

And yes, the secret answer to the "muffler" on a pneumatic gun is hidden in the Michigan legal definition of "muffler". We are good to go to that count too.

[Tallbear]

HB 4151 of 2015 (PA 21 of 2015)
Weapons; firearms; 1959 PA 186; repeal. Repeals 1959 PA 186 (MCL 752.891 - 752.892).
Last Action: 5/13/2015 assigned PA 21'15 with immediate effect
HB 4152 of 2015 (PA 22 of 2015)
Weapons; firearms; definition of firearm in MCL 8.3t; modify. Amends sec. 3t of 1846 RS 1 (MCL 8.3t).
Last Action: 5/13/2015 assigned PA 22'15 with immediate effect
HB 4153 of 2015 (PA 23 of 2015)
Weapons; firearms; definition of firearm in MCL 752.841; modify. Amends sec. 1 of 1952 PA 10 (MCL 752.841).
Last Action: 5/13/2015 assigned PA 23'15 with immediate effect
HB 4154 of 2015 (PA 24 of 2015)
Weapons; firearms; definition of firearm in natural resources and environmental protection act; modify. Amends secs. 40102, 40111 & 43503 of 1994 PA 451 (MCL 324.40102 et seq.). TIE BAR WITH: HB 4151'15, HB 4152'15, HB 4153'15, HB 4155'15, HB 4156'15, SB 0085'15
Last Action: 5/13/2015 assigned PA 24'15 with immediate effect
HB 4155 of 2015 (PA 26 of 2015)
Weapons; firearms; definition of firearm in the Michigan penal code; modify. Amends secs. 222, 226, 227b, 227c, 227d, 237a & 528a of 1931 PA 328 (MCL 750.222 et seq.). TIE BAR WITH: HB 4151'15, HB 4152'15, HB 4153'15, HB 4154'15, HB 4156'15, SB 0085'15
Last Action: 5/13/2015 assigned PA 26'15 with immediate effect
HB 4156 of 2015 (PA 25 of 2015)
Weapons; firearms; definition of firearm in 1927 PA 372; modify. Amends sec. 1 of 1927 PA 372 (MCL 28.421). TIE BAR WITH: HB 4151'15, HB 4152'15, HB 4153'15, HB 4154'15, HB 4155'15, SB 0085'15
Last Action: 5/13/2015 assigned PA 25'15 with immediate effect

[ninjatoth]

I think most sane people are to the point of rolling their eyes and saying "get over it", because a felon with a BB gun is the least of our worries. Who cares if a felon shoots an air gun, heck most felons aren't even something to worry about with firearms, if they were that bad they wouldn't be walking free.

[Leader]

I think most sane people are to the point of rolling their eyes and saying "get over it", because a felon with a BB gun is the least of our worries. Who cares if a felon shoots an air gun, heck most felons aren't even something to worry about with firearms, if they were that bad they wouldn't be walking free.

You mean to tell me that the thought of someone that wrote a bad check 35 years ago having a GUN doesn't terrify you?
What if that person was within 1000 Ft. of your child?

[RayMich]

You mean to tell me that the thought of someone that wrote a bad check 35 years ago having a GUN doesn't terrify you?
What if that person was within 1000 Ft. of your child?

You got that right!

[RayMich]

The problem with the felon prohibition is that the fellow who wrote a bad check 35 years ago in order to buy food for his family and has lived an honest and productive life ever since after having paid his debt to society, is permanently prohibited from defending his family with a firearm during a violent home invasion. But if possessing a pellet gun or some other type of pneumatic gun is legal, he "might" be able to defend his loved one with a pneumatic gun.

Virtually ALL gun control laws on possession of firearms are retroactive laws and violate the Constitution's prohibition on ex post facto laws. An no one seems to care.

[Tallbear]

HB 4151 of 2015 (PA 21 of 2015)
Weapons; firearms; 1959 PA 186; repeal. Repeals 1959 PA 186 (MCL 752.891 - 752.892). TIE BAR WITH: HB 4152'15, HB 4153'15, HB 4154'15, HB 4155'15, HB 4156'15, SB 0085'15
Last Action: 8/3/2015 Analysis File Added
HB 4152 of 2015 (PA 22 of 2015)
Weapons; firearms; definition of firearm in MCL 8.3t; modify. Amends sec. 3t of 1846 RS 1 (MCL 8.3t). TIE BAR WITH: HB 4151'15, HB 4153'15, HB 4154'15, HB 4155'15, HB 4156'15, SB 0085'15
Last Action: 8/3/2015 Analysis File Added
HB 4153 of 2015 (PA 23 of 2015)
Weapons; firearms; definition of firearm in MCL 752.841; modify. Amends sec. 1 of 1952 PA 10 (MCL 752.841). TIE BAR WITH: HB 4151'15, HB 4152'15, HB 4154'15, HB 4155'15, HB 4156'15, SB 0085'15
Last Action: 8/3/2015 Analysis File Added
HB 4154 of 2015 (PA 24 of 2015)
Weapons; firearms; definition of firearm in the natural resources and environmental protection act; modify. Amends secs. 40102, 40111 & 43503 of 1994 PA 451 (MCL 324.40102 et seq.). TIE BAR WITH: HB 4151'15, HB 4152'15, HB 4153'15, HB 4155'15, HB 4156'15, SB 0085'15
Last Action: 8/3/2015 Analysis File Added
HB 4155 of 2015 (PA 26 of 2015)
Weapons; firearms; definition of firearm in the Michigan penal code; modify. Amends secs. 222, 226, 227b, 227c, 227d, 237a & 528a of 1931 PA 328 (MCL 750.222 et seq.). TIE BAR WITH: HB 4151'15, HB 4152'15, HB 4153'15, HB 4154'15, HB 4156'15, SB 0085'15
Last Action: 8/3/2015 Analysis File Added
HB 4156 of 2015 (PA 25 of 2015)
Weapons; firearms; definition of firearm in 1927 PA 372; modify. Amends sec. 1 of 1927 PA 372 (MCL 28.421). TIE BAR WITH: HB 4151'15, HB 4152'15, HB 4153'15, HB 4154'15, HB 4155'15, SB 0085'15
Last Action: 8/3/2015 Analysis File Added

[Tallbear]

HB 4151 of 2015 (PA 21 of 2015)
Weapons; firearms; 1959 PA 186; repeal. Repeals 1959 PA 186 (MCL 752.891 - 752.892). TIE BAR WITH: HB 4152'15, HB 4153'15, HB 4154'15, HB 4155'15, HB 4156'15, SB 0085'15
Last Action: 10/6/2016 Analysis File Added

HB 4152 of 2015 (PA 22 of 2015)
Weapons; firearms; definition of firearm in MCL 8.3t; modify. Amends sec. 3t of 1846 RS 1 (MCL 8.3t). TIE BAR WITH: HB 4151'15, HB 4153'15, HB 4154'15, HB 4155'15, HB 4156'15, SB 0085'15
Last Action: 10/6/2016 Analysis File Added

HB 4153 of 2015 (PA 23 of 2015)
Weapons; firearms; definition of firearm in MCL 752.841; modify. Amends sec. 1 of 1952 PA 10 (MCL 752.841). TIE BAR WITH: HB 4151'15, HB 4152'15, HB 4154'15, HB 4155'15, HB 4156'15, SB 0085'15
Last Action: 10/6/2016 Analysis File Added

HB 4154 of 2015 (PA 24 of 2015)
Weapons; firearms; definition of firearm in the natural resources and environmental protection act; modify. Amends secs. 40102, 40111 & 43503 of 1994 PA 451 (MCL 324.40102 et seq.). TIE BAR WITH: HB 4151'15, HB 4152'15, HB 4153'15, HB 4155'15, HB 4156'15, SB 0085'15
Last Action: 10/6/2016 Analysis File Added

HB 4155 of 2015 (PA 26 of 2015)
Weapons; firearms; definition of firearm in the Michigan penal code; modify. Amends secs. 222, 226, 227b, 227c, 227d, 237a & 528a of 1931 PA 328 (MCL 750.222 et seq.). TIE BAR WITH: HB 4151'15, HB 4152'15, HB 4153'15, HB 4154'15, HB 4156'15, SB 0085'15
Last Action: 10/6/2016 Analysis File Added

HB 4156 of 2015 (PA 25 of 2015)
Weapons; firearms; definition of firearm in 1927 PA 372; modify. Amends sec. 1 of 1927 PA 372 (MCL 28.421). TIE BAR WITH: HB 4151'15, HB 4152'15, HB 4153'15, HB 4154'15, HB 4155'15, SB 0085'15
Last Action: 10/6/2016 Analysis File Added