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11/24/2017 4:44:23 PM
11/22/2017 10:05:29 PM
Posted: 9/19/2004 5:59:28 AM EST
A couple of state Senators has proposed an AWB for the state of Michigan. I have reald this law over several times, and I am confused regarding the potential impact of this law. Here is why:



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.



This section would appear to cover all AR's, AKM's, and HK clones. But the next section is the part where I get confused:



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.



Here is my question. Based on the highlighted portions of section 1 and section 2, if I were to dump all of my 30 round magazines and replace them with 10 round magazines, would I be able to legally circumvent the registration mandadted in section 4 or would the fact that the AR or AKM still has the ability to accecpt a 30 round magazine (even if I do not have one) still require me to register the weapon?

It would still suck, but if the law were to pass I would be able to keep my AR without regsitering it until I could move out of this state.

Here's the rest of this attrocity:



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.


Link Posted: 9/19/2004 6:08:40 AM EST
Link Posted: 9/19/2004 6:49:12 AM EST
But this is the part that throws me off:


(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.



Subsection 4 refers to people who have turned their "assault weapons" into inoperable statues or given them to the police. Section 4 refers to registration.

Based on the language in quoted portion of section 2 I would think that as long as you don't have say an AR and a 30 round magazine, the you don't have to register your weapon. Is this an accurate interpretation?
Link Posted: 9/19/2004 6:49:43 AM EST

Originally Posted By shotar:
It appears that having only 10 rounders makes it ok, but I don't think it would get around any registration. Your best bet is to fight this law tooth and nail. Get local cops to oppose it, and get them to understand that the day they retire the law hits them as well.



We're trying to!
Link Posted: 9/19/2004 7:41:33 AM EST
That law is so onerous, it will be and should be ignored.

I think the cops are smart enough to sit that one out, ignore it, too.

The people that propose these unconstitutional laws are enemies of the state. They are threatening you (and your family) of your life and liberty for exercising your rights. They state plainly in such laws that they don't care about your rights, they will tell you what you are allowed to do.

So what if "the majority wants it." Perhaps the majority want all Muslims in the US to be rounded up and put in concentration camps? What if "they" vote that government officials can come into your house and have sex with your wife and daughters anytime they want? They voted on it fair and square, it's the law, right?

Doesn't matter what the majority thinks, this violates everyones rights. There are things I will not allow others to vote on for me.

That is the purpose of constitutions... it says that certain things are beyond current opinion, expediency, whims, flavor of the day.

"The very purpose of a Bill of Rights," Justice Jackson wrote in the 1943 flag-salute case, "was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections."
Link Posted: 9/19/2004 11:20:09 AM EST
Sounds like Calif. law except there is no yearly reregistration here.

Roy
Link Posted: 9/19/2004 11:30:03 AM EST
Sounds worse at least we got to keep our mags, man I feel bad for you guys. are those idiots up for reelection I'll donate to their opponent
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