HB 6066 of 2018
Crimes; weapons; possession of self-defense spray or foam in a school; allow by certain individuals. Amends sec. 237a of 1931 PA 328 (MCL 750.237a).
Last Action: 5/24/2018 bill electronically reproduced 05/23/2018
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HB 6066 of 2018
Crimes; weapons; possession of self-defense spray or foam in a school; allow by certain individuals. Amends sec. 237a of 1931 PA 328 (MCL 750.237a).
Last Action: 5/24/2018 bill electronically reproduced 05/23/2018
I was recently told by several MGO members that self defense sprays and foams in gun-free-zones are NOT banned in Michigan. So, if that is the case, then WHY are the changes in this bill needed?
Possession of pepper spray in gun free zones
https://www.migunowners.org/forum/sh...gun-free-zones
Very good point, at face value, this bill is unnecessary. On a first, quick read, I believe, if I'm not mistaken, that this bill actually allows (perhaps inadvertently, perhaps intentionally) teachers to carry firearms on school property, even without a CPL…as long as they are carrying self-defense spray or foam (of any concentration) at the same time!
I know they don't like it, and it might be illegal, but keep a can of wasp spray handy. The one that shoots a stream like 20'. Could also be used if wasps, bees or hornets get in.
Possession of the sprays etc is not against the laws, but deploying them can be, depending on circumstance. And the law that this bill would amend is only about penalty enhancement for being in a "weapon free school zone" and limiting the penalty for teachers etc.
OK! - Now I'm REALLY confused.
Are you saying that even though it is not against the law to carry self defense spray into a "weapon free school zone", but if one is forced to use it in defense of self or others, he can be charged with a law violation and face penalty enhancements, even though the use of such spray for self defense would otherwise be legal? :confused:
These damned politicians have a bad habit of making laws even MORE confusing every time they claim they are "fixing" something.
Yes, more or less.
MCL 750-224d subsections 2 + 3 spell out the crime, subsection 5 gives the use for defense exemption for 2.
This bill bars the "weapon free school zone" penalty enhancement of MCL 750-237a from being applied to teachers etc. I don't think that this is needed, if the teacher was in the right, there would be nothing to charge him/her with, much less apply any "enhancement".
WOW! You re right! This bill DOES allow a teacher or other school employee to carry a firearm even without a CPL as long as he is also carrying self defense spray.
Other than that, this bill is really NOT needed.Quote:
(4) Except as provided in subsection (5), an individual who possesses a weapon in a weapon free school zone is guilty of a misdemeanor punishable by 1 or more of the following:
[...]
(5) Subsection (4) does not apply to any of the following:
(G) A TEACHER OR OTHER SCHOOL EMPLOYEE CARRYING A SELF-DEFENSE SPRAY OR FOAM DEVICE IN THE SCHOOL WHERE THAT TEACHER OR OTHER SCHOOL EMPLOYEE IS EMPLOYED.
What they should do is to repeal weapon free zones. That would take care of a lot of these problems and would cause much less confusion.
I'm guessing that the author/sponsors are desperate to DO SOMETHING! They didn't think this through at all. Now while this bill would allow teachers to carry a gun/weapon in school if they also carry OC spray, they would have to open carry said gun since the prohibition on carrying concealed would most likely still apply.
I think because while technically not illegal to carry self defense sprays or foams, many of those locations still employ policies which ban the possession or use. MCL 750.224d I don’t see it explicitly mentioning GFZs but I may have missed something.
I cannot find it now (it’s been some years...), but I recall it being written into school policy that student or other visitor, employee or otherwise not there for the specific purpose of law enforcement, were not permitted to carry self defense mace or pepper sprays.