User Panel
Posted: 9/13/2004 11:48:01 AM EDT
www.mileg.org/mileg.asp?page=getObject&objName=2004-SB-1381
SENATE BILL No. 1381 September 9, 2004, Introduced by Senators JACOBS and BRATER and referred to the Committee on Judiciary. A bill to regulate the manufacture, possession, purchase, sale, and transfer of assault weapons; to provide certain powers and duties for certain state and local officials and agencies; to Provide for the promulgation of rules; and to provide penalties. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: Sec. 1. This act shall be known and may be cited as the "assault weapon regulation act". Sec. 2. As used in this act: (a) "Assault weapon" means any of the following: A semiautomatic pistol or semiautomatic or pump-action rifle that is capable of accepting a detachable magazine that holds more than 10 rounds of ammunition and that has any of the following features: (A) If the firearm is a rifle, a pistol grip located rear of the trigger. (B) If the firearm is a pistol, a shoulder stock of any type or configuration including, but not limited to, a folding stock or a telescoping stock. (C) A barrel shroud. (D) A muzzle brake or muzzle compensator. (E) A feature capable of functioning as a protruding grip that can be held by the hand that is not the trigger hand. (ii) A pistol that is capable of accepting a detachable magazine at any location outside of the pistol grip. (iii) A semiautomatic pistol or a semiautomatic, center-fire rifle with a fixed magazine capable of containing more than 10 rounds of ammunition. (iv) A shotgun that is capable of accepting a detachable magazine. (v) A shotgun with a revolving cylinder. (b) "Barrel shroud" means a covering, other than a slide, that is attached to, or that substantially or completely encircles the barrel of, a firearm and that allows the bearer of the firearm to hold the barrel with the nonshooting hand while firing the firearm without burning that hand. Barrel shroud does not include an extension of the stock along the bottom of the barrel if the extension of the stock does not substantially or completely encircle the barrel. (c) "Conversion kit" means a part or combination of parts designed and intended for use in converting a firearm into an assault weapon. (d) "Detachable magazine" means a magazine that delivers 1 or more ammunition cartridges into the firing chamber and that can be removed from the firearm without the use of any tool, including a bullet or ammunition cartridge. (e) "Muzzle brake" means a device attached to the muzzle of a firearm that utilizes escaping gas to reduce recoil. (f) "Muzzle compensator" means a device attached to the muzzle of a firearm that utilizes escaping gas to control muzzle movement. Sec. 3. (1) Except as otherwise provided in subsection (3) and section 4, a person shall not manufacture, possess, purchase, sell, or otherwise transfer to another person an assault weapon or an assault weapon conversion kit. (2) Except as otherwise provided in subsection (4) and section 4, a person shall not possess at the same time, or have under his or her control at the same time, both of the following: (a) A semiautomatic or pump-action rifle or semiautomatic pistol capable of accepting a detachable magazine. (b) A magazine capable of use with that firearm that contains more than 10 rounds of ammunition. (3) Subsection (1) does not apply to any of the following: (a) A person who possesses an unloaded assault weapon for the purpose of permanently relinquishing it to a law enforcement agency in this state pursuant to rules adopted for that purpose by the department of state police. An assault weapon relinquished under this subsection shall be turned over to the department of state police under section 239 of the Michigan penal code, 1931 PA 328, MCL 750.239, and destroyed. (b) A licensed manufacturer or licensed dealer who transfers an assault weapon to a law enforcement agency in this state for use by that agency or its employees for law enforcement purposes. (c) A person who possesses an assault weapon that has been permanently disabled so that it is incapable of discharging a projectile. (4) Subsection (2) does not apply to any of the following: (a) A person lawfully engaged in shooting at a licensed and lawfully operated shooting range. (b) A person lawfully participating in a sporting event officially sanctioned by a club or organization established in whole or in part for the purpose of sponsoring sport shooting events. Sec. 4. (1) A person may continue to possess an assault weapon that he or she legally possessed on the effective date of this act if all of the following apply: (a) The person immediately registers the assault weapon with the department of state police in compliance with rules adopted for that purpose by the department of state police. (b) The person safely and securely stores the assault weapon in compliance with rules adopted for that purpose by the department of state police. The department of state police may, not more than once per year, conduct an administrative inspection of the storage premises to ensure compliance with this subsection. (c) The person annually renews the registration of the assault weapon. (d) The person possesses the assault weapon only on property owned or immediately controlled by the person or while engaged in the legal use of the assault weapon at a licensed firing range or while traveling to or from that property or firing range to engage in the legal use of the assault weapon if the assault weapon is stored unloaded and in a separate locked container during transport. (2) Notwithstanding any other provision of this act, a person who, after the effective date of this act, acquires ownership of an assault weapon by inheritance, bequest, or succession shall, within 30 days after acquiring ownership of the assault weapon, do 1 of the following: (a) Comply with all of the requirements of subsection (1). (b) Relinquish the assault weapon to a law enforcement agency. (c) Permanently disable the assault weapon so that it is incapable of discharging a projectile. (3) The department of state police may charge a fee for each registration and for each renewal registration under thissection. The fee shall not exceed the actual and reasonable costs incurred by the department of state police in registering or renewing the registration of the assault weapon. Sec. 5. The department of state police shall promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to implement this act. Sec. 6. (1) A person who violates this act is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,100.00, or both. (2) The department of state police shall immediately revoke the registration of each assault weapon owned by a person convicted of violating this act. |
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You Michigan mofos better stomp this piece of shit into the ground.
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Geeze, this one sounds like a Kalifornia type bill
glad I live in VA |
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See www.ar15.com/forums/topic.html?b=8&f=39&t=184292&page=2 Consensus is that the proposer is nutz and it won't go any further. Whew! close one for sure. Echap |
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Here's the letter I sent to my Reps last week:
I am writing this letter to direct your attention to the current effort by Senator Gilda Jacobs to renew and reauthorize at the state level the failed Clinton era experiment known as the "Assault Weapons" ban. I want to urge you in the strongest terms possible to oppose and defeat any and all efforts to see that the ban lives past its current expiration date. I have long believed that further regulation of gun ownership is not the best answer to preventing violent crime, and I am a strong supporter of the Second Amendment and the Michigan State Constitution. Our enemy is the criminal, not the weapon. A person intent on committing a violent crime will not be stopped by more gun control laws. Instead, State, County and Municipal agencies should work to ensure that violent crimes are vigorously prosecuted, to keep guns out of the hands of criminals and to better enforce our existing laws. Through this common sense approach, we can continue to reduce violent crime across the nation and protect the rights of law abiding gun owners. As there has been no statistically significant evidence presented that bans of this sort have had any effect on reducing crime, and as it represents a serious infringement of the freedoms guaranteed to us in both the 2nd Amendment and our State Constitution, I urge you to oppose any effort to renew this expiring ban at the state level, as well as any efforts to institute an even more restrictive ban. Additionally, I urge you to oppose any other measures that effectively deny citizens the right to choose which ever means they deem to be appropriate in protecting themselves and their loved ones. As a lifelong resident and voter in Michigan, your support on a matter like this is important to me. I look forward to your response. |
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No grandfather clause ... you can keep them only if you register them. Muck Fichigan. |
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FUCK THAT SHIT! If this thing passes, it will be WWIII! |
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good call on the highlighting. that is just absurd. is any other object in society regulated liek that??
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That's what we said. |
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Here is the letter that I just sent to my state Senator:
I am writing to express to you my complete disgust with Senate Bill 1381! The 1994 Federal Assault Weapons Ban completely failed to prevent crime, or even keep the banned weapons out of the hands of criminals. No where is this fact more evident than in the city of Detroit, where we have had 2 high profile murders using banned assault weapons this year alone 1. In March, a convicted felon and drug dealer shot up a house occupied by 4 rival drug dealers with an AK-47 that was banned under the 1994 Assault Weapons Ban. 3 people were killed, and 1 person was injured. When the suspect was arrested in Minnesota, it was discovered that he was also a convicted felon, ineligible to own firearms under Federal law. 2. Just 2 weeks ago in Detroit, a man leaving a bar shot and killed a Detroit Police Cadet and wounded another man, again using a banned AK-47. The 1994 Federal Assault Weapons ban was ineffective in preventing criminals from obtaining and using these types of firearms. The only people who were effected by this ban were the law abiding citizens of this nation and this state. Now that the Federal Government has seen the ineffectiveness of limiting the rights of citizens in an effort to reduce crime, some people of our own state are attempting to go even further with the careless trampling of civil rights! Not only does S1381 infringe upon the right to bear arms (which is protected by the Michigan constitution, and the second amendment to the US constitution), it also seeks to violate Michigander's right to be secure within their homes from unwarranted searches: S1381 Section 4.1.b "The person safely and securely stores the assault weapon in compliance with rules adopted for that purpose by the department of state police. The department of state police may, not more than once per year, conduct an administrative inspection of the storage premises to ensure compliance with this subsection." This law is completely and totally un-American and unacceptable! I urge you to fight the passage of this law with all diligence! I thank you in advance for supporting the rights of Michigan gun owners, and I look forward toward supporting you during your next campaign. ------------------------------------------ I fucking hate Michigan! |
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That'll be me if some BS like this passes. |
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You better not ride on that belief! You better write you Senator and Representitive anyways! |
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I agree, and wrote letters last week. |
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Edit to add: draconian bills like these are how we get COMPROMISES that leave our rights open to rape. Write anyway.
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i was told MI is the 5th largest in terms of "most gun owners". i can't imagine, if for some far stretch of a reason this passes, people here would actually comply with it.
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BINGO! They push something that's totally off the wall like this and then "compromise" down to something that gets their foot in the door (and up the ass of every law-abiding gun owner at the same time). The correct response to this bill is NO!. Take this abomination and shove ALL of it. |
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Man, they banned assault weapons to the city just east of me, and two miles to my north they are trying to ban them...I guess I need to move West if this shit goes thru...
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There is NO WAY I'm registering a d@mn thing!!! And I'm not going to dig any g**damn hole any bury my stuff either....I've had it with this crap!!!
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Would you like to be a freakin' test case?!? |
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Yeah, and those Gun Owning hunters would gladly sell out our assault weapons if they thought it made their bolt action 30-06 safer! YOU MUST FIGHT THIS TOOTH AND NAIL!!!! Write your reps, call your senator, write the govoner! At LEAST once a week! |
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Best guesses are that only a few percent of so-called "Assault Weapons" were registered when the PRK did its ban. California has the highest ownership of so-called "Assault Weapons" in the nation. You do the math. |
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Several observations:
"regulation": a clear attempt to make this seem reasonable to people who have not read it. Not much in the way of shotguns and pistols: leaving the duck hunters,casual pistol shooters, and trap shooters alone to get their support. "barrel shroud": just what does "substantially encircle" mean? How much can be encircled? "conversion kit": spare parts. Under this bill you could not get a spare pistol grip, or brake. Under this law, when the original registered owner dies, his or her children must have the weapon disabled. fucking assholes. Hoppy8420 |
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This bill worried me last week. If you follow echap's link to the Michigan hometown forums you'll see the responses from members of the Republican controlled congress here in Michigan. This bill isn't going anywhere--not that additional letters to these representatives would hurt.
Heck, my biggest concern is that ADCO won't get any more 6-positions stocks in by next weekend, and I won't need to make a trip down US23. |
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I wrote my letter today. P.S. Sorry Vapour, I went in personally and bought the last RRA 6 POS stocks from ADCO. |
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Yeah, I wrote my letter last week--like I said, can't hurt. I guess I'll have to find another reason to drive down to Ohio then--maybe another two stage trigger. |
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I believe these Sen's that introduced this are Detroit Dems. Our House and Senate are controlled by the GOP. MI is a State of recent "Shall Issue" for CCW. I have talked to 3 different Sen's and Rep's and all have said DOA, one of the Sen I talked to is the Chairman of the Judiciary Committee. We need to stay focused on this but it appears that it will go nowhere.
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I was just telling my friend who lives in CA, I can't live there because I like my guns.
Then this crap comes along. Sure it may not pass, but I hate wasting time and energy to fight crap like this. However, I'm all over this until I know it's dead. |
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Here is my letter to the GOA:
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As long as plane jane hunting guns are not affected im positive most "sportsmen" in michigan will be all for it.
i know of way to many morons (hunters) who couldn't give a rats ass about "those kinds of guns" |
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I am afraid that you are probably correct. I just completed a Hunter's Safety course this past weekend (no, I'm 28), and the instructors kept emphasizing our "privilages". Nothing but rhetoric about pacifying anti hunting and anti gun groups so that we don't lose out privelages to hunt and own guns. I lost alot of respect for the hunting/sportsmen crowd! We need to get active and get vocal. Firearms ownership is NOT a privilage, it is a RIGHT! |
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Well, they say the bill doesn't have any traction in the state senate, but if it did it would affect me at all. I lost all my guns in a tragic boating accident-I just hang out here for the memories.
Dave |
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Can I get an AMEN?!! |
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AMEN! (bump) |
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ditto! |
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Welcome to the post AWB world we live in. I'm just waiting for NY to impose harsher laws on the current AWB we have in effect. Luckily, our law mirrored the fed ban, which was harmless.
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Letters to all the senators sent. Thanks to the guys in the Hometown forum for the email addy's. Time to shoot this puppy down immediate threat or not |
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Hey, if they pass this law anyone who owns a DAN WESSON REVOLVER will be really pised off Read this part: (b) "Barrel shroud" means a covering, other than a slide, that is attached to, or that substantially or completely encircles the barrel of, a firearm and that allows the bearer of the firearm to hold the barrel with the nonshooting hand while firing the firearm without burning that hand. Barrel shroud does not include an extension of the stock along the bottom of the barrel if the extension of the stock does not substantially or completely encircle the barrel. |
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Fight hard!
That thing is a couple of steps worse then the one California inacted while I was gone. |
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I was thinking the same thing when I read it.... |
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Wow! Thats worse than Calis ban. It would even ban the M1A, M1Garand, M1 Carbine, SKS, ect.
I hope it doesnt pass. |
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reading their definition, I believe the upper handguard of an M1A or M1 Carbine would be considered an "Brl Shroud" Am i blind or did they forget about Flash supressors and Flash Hiders, and go after Muzzle brakes and recoil compensators instead? |
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Guess it's not just CA huh?
Like I've been saying for years, all of you saying "I'm glad I live in ___" should face facts. It isn't just CA, it's every state that will see these draconian illegal laws - CA is just the first to pass them. Maybe a few more state bans will wake some of you up. |
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I wrote one letter, and sent it to every fucking Michigan legislator that I could find an address for. Not to mention all the email I sent.
Fuckers need to be put in the place! |
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