HB 4160, 4161 Define barandishing

[Tallbear]

HB 4160 of 2015 (http://www.legislature.mi.gov/mileg.aspx?page=getobject&objectname=2015-HB-4160)
Weapons; other; brandishing a firearm; exempt certain actions. Amends sec. 234e of 1931 PA 328 (MCL 750.234e). TIE BAR WITH: HB 4161'15
Last Action: 2/5/2015 referred to Committee on Judiciary
HB 4161 of 2015 (http://www.legislature.mi.gov/mileg.aspx?page=getobject&objectname=2015-HB-4161)
Weapons; other; definition of brandish; provide for. Amends sec. 222 of 1931 PA 328 (MCL 750.222). TIE BAR WITH: HB 4160'15
Last Action: 2/5/2015 referred to Committee on Judiciary

[bigt8261]

This session both bills are sponsored by Republicans. While the loss of bipartisanship is regretful, hopefully this will ensure both bills make it to the governor this time around.

[G36 Shooter]

Any date and time on committee hearing?

[bigt8261]

Not yet, but I expect them to move fairly quickly. This legislation was already passed last session, so there shouldn't be a lot to argue about.

The House Republicans released an Action Plan document detailing what they would like to get done. It lists the airgun and brandishing stuff, so that should be a good sign.

[Roundballer]

It also looks like they have everything in place to tie-bar this with the redefinition of "firearm" in HB 4151 through 4156.

[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 Rendon) Weapons; firearms; reference to certain repealed definition in the penal code; eliminate.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.

[G36 Shooter]

Anyone going?

[bigt8261]

MOC will be there. It's going to be a busy afternoon.

[Tallbear]

HB 4160 of 2015
Weapons; other; brandishing a firearm; exempt certain actions. Amends sec. 234e of 1931 PA 328 (MCL 750.234e). TIE BAR WITH: HB 4161'15
Last Action: 2/9/2015 Analysis File Added
HB 4161 of 2015
Weapons; other; definition of brandish; provide for. Amends sec. 222 of 1931 PA 328 (MCL 750.222). TIE BAR WITH: HB 4160'15
Last Action: 2/9/2015 Analysis File Added

[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]

HB4160 2015 Weapons; other; brandishing a firearm; exempt certain actions. Amends sec. 234e of 1931 PA 328 (MCL 750.234e). TIE BAR WITH: HB 4161'15
Last Action: 2/26/2015 REFERRED TO COMMITTEE ON JUDICIARY
HB 4161 of 2015
Weapons; other; definition of brandish; provide for. Amends sec. 222 of 1931 PA 328 (MCL 750.222). TIE BAR WITH: HB 4160'15
Last Action: 2/26/2015 REFERRED TO COMMITTEE ON JUDICIARY

[Tallbear]

DATE: Tuesday, April 21, 2015



TIME: 3:00 p.m.



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





AGENDA



SB 153 Sen. Schmidt Traffic control; accidents; samples used for chemical analysis; expand to include urine, and expand implied consent under certain circumstances.



SB 204 Sen. Schuitmaker Crimes; penalties; penalties for obscuring or removing a state vehicle designation; provide for.



HB 4038 Rep. Forlini Housing; landlord and tenants; notification of evictions; allow by electronic mail.



HB 4069 Rep. Santana Criminal procedure; youthful trainees; eligibility criteria for youthful trainee program; modify.



HB 4135 Rep. Heise Criminal procedure; youthful trainees; revocation of trainee status under Holmes youthful trainee act for committing certain subsequent crimes; provide for.



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



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



HB 4169 Rep. Hovey-Wright Criminal procedure; sentencing; option of placing individual in prison under the Holmes youthful trainee act; eliminate.

[G36 Shooter]

I will be at the hearing today

[Tallbear]

HB 4160 of 2015 (http://www.legislature.mi.gov/mileg.aspx?page=getobject&objectname=2015-HB-4160)
Weapons; other; brandishing a firearm; exempt certain actions. Amends sec. 234e of 1931 PA 328 (MCL 750.234e). TIE BAR WITH: HB 4161'15
Last Action: 4/20/2015 Analysis File Added
HB 4161 of 2015 (http://www.legislature.mi.gov/mileg.aspx?page=getobject&objectname=2015-HB-4161)
Weapons; other; definition of brandish; provide for. Amends sec. 222 of 1931 PA 328 (MCL 750.222). TIE BAR WITH: HB 4160'15
Last Action: 4/20/2015 Analysis File Added

[G36 Shooter]

Passed out of committee, 5 yea, 0 nay

[jgillmanjr]

Passed out of committee, 5 yea, 0 nay

Indeed. I think those were the only bills that got reported out favorably with unanimous consent from committee yesterday.

[Tallbear]

HB 4160 of 2015
Weapons; other; brandishing a firearm; exempt certain actions. Amends sec. 234e of 1931 PA 328 (MCL 750.234e). TIE BAR WITH: HB 4161'15
Last Action: 4/22/2015 Analysis File Added
HB 4161 of 2015
Weapons; other; definition of brandish; provide for. Amends sec. 222 of 1931 PA 328 (MCL 750.222). TIE BAR WITH: HB 4160'15
Last Action: 4/22/2015 Analysis File Added

[Tallbear]

HB 4160 of 2015
Weapons; other; brandishing a firearm; exempt certain actions. Amends sec. 234e of 1931 PA 328 (MCL 750.234e). TIE BAR WITH: HB 4161'15
Last Action: 4/23/2015 REFERRED TO COMMITTEE OF THE WHOLE
HB 4161 of 2015
Weapons; other; definition of brandish; provide for. Amends sec. 222 of 1931 PA 328 (MCL 750.222). TIE BAR WITH: HB 4160'15
Last Action: 4/23/2015 REFERRED TO COMMITTEE OF THE WHOLE

[Roundballer]

Missed a couple of important lines in there:


4/23/2015 SJ 37 Pg. 502 REPORTED FAVORABLY WITHOUT AMENDMENT
4/23/2015 SJ 37 Pg. 502 COMMITTEE RECOMMENDED IMMEDIATE EFFECT

[Tallbear]

HB 4160 of 2015
Weapons; other; brandishing a firearm; exempt certain actions. Amends sec. 234e of 1931 PA 328 (MCL 750.234e). TIE BAR WITH: HB 4161'15
Last Action: 4/28/2015 Analysis File Added
HB 4161 of 2015
Weapons; other; definition of brandish; provide for. Amends sec. 222 of 1931 PA 328 (MCL 750.222). TIE BAR WITH: HB 4160'15
Last Action: 4/28/2015 Analysis File Added

[Tallbear]

HB 4161 of 2015
Weapons; other; definition of brandish; provide for. Amends sec. 222 of 1931 PA 328 (MCL 750.222). TIE BAR WITH: HB 4160'15
Last Action: 4/28/2015 PLACED ON ORDER OF THIRD READING WITH SUBSTITUTE S-1

[Roundballer]

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

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

[G36 Shooter]

Was at the rally today when they passed.

[Tallbear]

HB 4160 of 2015
Weapons; other; brandishing a firearm; exempt certain actions. Amends sec. 234e of 1931 PA 328 (MCL 750.234e). TIE BAR WITH: HB 4161'15
Last Action: 4/29/2015 bill ordered enrolled
HB 4161 of 2015
Weapons; other; definition of brandish; provide for. Amends sec. 222 of 1931 PA 328 (MCL 750.222). TIE BAR WITH: HB 4160'15
Last Action: 4/29/2015 laid over one day under the rules

[khicks]

my next question is when will this go before the Governor and will he sign it

[G36 Shooter]

The Gov has them on his desk, make your calls for his signature.

[Roundballer]

Signed by the Governor, 5/12/2015 @ 10:10 AM, with Immediate Effect.

2015-HB-4160 (http://legislature.mi.gov/doc.aspx?2015-HB-4160)

[zigziggityzoo]

The real effective date is August 11th, due to the 90-day language in the bill itself.

[Tallbear]

HB 4160 of 2015 (PA 27 of 2015)
Weapons; other; brandishing a firearm; exempt certain actions. Amends sec. 234e of 1931 PA 328 (MCL 750.234e). TIE BAR WITH: HB 4161'15
Last Action: 8/3/2015 Analysis File Added
HB 4161 of 2015 (PA 28 of 2015)
Weapons; other; definition of brandish; provide for. Amends sec. 222 of 1931 PA 328 (MCL 750.222). TIE BAR WITH: HB 4160'15
Last Action: 8/3/2015 Analysis File Added

[madmathew]

Could we get a common man explanation of these bills? How are they defining brandishing? Does this address printing?

[Roundballer]

Could we get a common man explanation of these bills? How are they defining brandishing? Does this address printing?

The definition for Brandishing that they placed into law is:


(c) "Brandish" means to point, wave about, or display in a threatening manner with the intent to induce fear in another person.

And then they changed the penal code so that the act of "brandishing" had to be "willful" before it became criminal, and they made the exception for self defense.

The concept of "printing" was not addressed, because OPENLY CARRYING a holstered handgun is not a crime, so the shape of a handgun under a piece of cloth is not a crime. "Printing" did/does not need to be addressed.

[bigt8261]

The definition for Brandishing that they placed into law is:

And then they changed the penal code so that the act of "brandishing" had to be "willful" before it became criminal, and they made the exception for self defense.

The concept of "printing" was not addressed, because OPENLY CARRYING a holstered handgun is not a crime, so the shape of a handgun under a piece of cloth is not a crime. "Printing" did/does not need to be addressed.

Well described.

[Tallbear]

HB 4160 of 2015 (PA 27 of 2015)
Weapons; other; brandishing a firearm; exempt certain actions. Amends sec. 234e of 1931 PA 328 (MCL 750.234e). TIE BAR WITH: HB 4161'15
Last Action: 7/15/2016 Analysis File Added

HB 4161 of 2015 (PA 28 of 2015)
Weapons; other; definition of brandish; provide for. Amends sec. 222 of 1931 PA 328 (MCL 750.222). TIE BAR WITH: HB 4160'15
Last Action: 7/15/2016 Analysis File Added