HB 4830 of 2021
Crimes: weapons; prohibition against sale, manufacture, or possession of brass knuckles, blackjacks, and clubs; eliminate.
Last Action: 5/12/2021 bill electronically reproduced 05/12/2021
HB 4830 of 2021
Crimes: weapons; prohibition against sale, manufacture, or possession of brass knuckles, blackjacks, and clubs; eliminate.
Last Action: 5/12/2021 bill electronically reproduced 05/12/2021
Looks good to me, strikes out one line and lists where a definition may be found.
The only issue that I can see would be that there are no restrictions on what the local might do.
It's currently illegal to possess a sandbag??
Of the type that can be used like a weapon, yes.Quote:
Originally Posted by Iambusy3
New analysis file added:
http://www.legislature.mi.gov/docume...0-97EBE801.pdf
This bill is being heard before the House Judiciary Committee today at 9am.
It can be viewed live here:
https://www.house.mi.gov/VideoPlayer?data=1&jwsource=cl
The committee just completed the hearing on this bill.
It looks to be widely embraced, with members on both sides of the isle recognizing that it is outdated and unnecessary.
There was a concern that prisoners within correctional facilities might be able to possess manufactured weapons that this law prohibits. However, it was countered-pointed that there is a standing law that addresses that concern.
There will possibly be an amendment that also removes:
However, the intent is to legalize "self defense spray". There is already a clause in this law that does so, to a limited extent.Quote:
(e) A device, weapon, cartridge, container, or contrivance
designed to render a person temporarily or permanently disabled by
the ejection, release, or emission of a gas or other substance.
750.224d:Quote:
(3) Subsection (1) does not apply to any of the following:
(a) A self-defense spray or foam device as defined in section 224d.
So what would unintentionally become legal should this be struck?Quote:
750.224d Self-defense spray or foam device.
Sec. 224d.
(1) As used in this section and section 224, "self-defense spray or foam device" means a device to which all of the following apply:
(a) The device is capable of carrying, and ejects, releases, or emits 1 of the following:
(i) Not more than 35 grams of any combination of orthochlorobenzalmalononitrile and inert ingredients.
(ii) A solution containing not more than 18% oleoresin capsicum.
(iii) A solution containing an ultraviolet dye and not more than 18% oleoresin capsicum.
(b) The device does not eject, release, or emit any gas or substance that will temporarily or permanently disable, incapacitate, injure, or harm a person with whom the gas or substance comes in contact, other than the substance described in subdivision (a)(i), (ii), or (iii).
(2) Except as otherwise provided in this section, a person who uses a self-defense spray or foam device to eject, release, or emit orthochlorobenzalmalononitrile or oleoresin capsicum at another person is guilty of a misdemeanor, punishable by imprisonment for not more than 2 years, or a fine of not more than $2,000.00, or both.
(3) If a person uses a self-defense spray or foam device during the commission of a crime to eject, release, or emit orthochlorobenzalmalononitrile or oleoresin capsicum or threatens to use a self-defense spray or foam device during the commission of a crime to temporarily or permanently disable another person, the judge who imposes sentence upon a conviction for that crime shall consider the defendant's use or threatened use of the self-defense spray or foam device as a reason for enhancing the sentence.
(4) A person shall not sell a self-defense spray or foam device to a minor. A person who violates this subsection is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.
(5) Subsection (2) does not prohibit either of the following:
(a) The reasonable use of a self-defense spray or foam device containing not more than 18% oleoresin capsicum by a person who is employed by a county sheriff or a chief of police and who is authorized in writing by the county sheriff or chief of police to carry and use a self-defense spray or foam device and has been trained in the use, effects, and risks of the device, while in performance of his or her official duties.
(b) The reasonable use of either of the following by a person in the protection of a person or property under circumstances that would justify the person's use of physical force:
(i) A self-defense spray or foam device containing not more than 18% oleoresin capsicum.
(ii) A self-defense spray or foam device containing an ultraviolet dye and not more than 18% oleoresin capsicum.
Quote:
(e) A device, weapon, cartridge, container, or contrivance
designed to render a person temporarily or permanently disabled by
the ejection, release, or emission of a gas or other substance.
Nerve gas?Quote:
Originally Posted by PhotoTom
Yeah, "permanently disabled" goes far beyond the scope of "personal protection spray".Quote:
Originally Posted by CyborgHunter
Wouldn't flamethrowers be prohibited under this language? Whatever became of that? They were deemed legal in Michigan, then the legality was challenged.
Here is a video archive of today's Judiciary Committee meeting/hearing:
https://www.house.mi.gov/VideoArchiv...p4&jwsource=cl
Start at 21:25