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Gun Ban Introduced in Michigan Senate S 1381

Major KongMajor Kong Member Posts: 2 ✭✭
9-14-04


Today when we should be celebrating the demise of one of the most vile and reprehensable laws ever put on the books (the Clinton-Feinstein Gun Ban a.k.a. "The Assault Rifle Ban") I regret to inform you that we have more problems.

Gun-grabber extrordinaire State Senator Gilda Jacobs (D Huntington Woods) has introduced into the Michigan State Senate S. 1381, the "assault weapon regulation act" the text of which can be found below. Like the federal ban which expired today, this legislation is a lie, and is a serious threat to your freedom and security.

We would be totally remiss in our duties as Americans if we did not stand up, speak out and act on this issue now. For the sake of our freedom, please contact both your State Senator and Representative, as well as Governor Granholm, and let them know in no uncertain terms that:

S. 1381 of 2004 or anything even remotely like it must never be allowed to become law.

The right of the people to keep and bear arms shall not be infringed. Not now, not ever again.

That you vote.

That your senses of right and wrong, outrage and indignation are not dead.

That regardless of what "good deeds" that they have done in the past, or what "good deeds" that they promise to do in the future; there will be no support for any elected official, candidate, political party or other organization that does not support this effort, and our rights and freedoms.

There can and will be no compromise on this issue.
Either they are with us, or they are against us.
That you are one of many.
On April 19, 1775 the Patriots at Lexington and Concord had to pick up a rifle suitable for militia use because their government banned firearms and came to disarm them. For now, all that you have to pick up is a pen and paper, or the telephone, or sit down at a keyboard.

Contact:

Governor Jennifer M. Granholm
P.O. Box 30013
Lansing, Michigan 48909
PHONE (517) 373-3400
FAX (517) 335-6863
http://www.mi.gov/gov

If you do not know who your Michagan Senator or Representative is contact:

Senate

Information 373-2400 or go to

http://senate.michigan.gov/findyoursenator/



House of Representatives

Information (517) 373-0135 or go to

http://house.michigan.gov/find_a_rep.asp

Thanks!
Major Kong

SENATE BILL No. 1381




September 9, 2004, Introduced by Sators 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:

(i) 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 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 non-shooting 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 this section. 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.

Comments

  • jimkanejimkane Member Posts: 1,534 ✭✭✭✭✭
    edited November -1
    I just sent Senator VanWoerkom a very good email on the subject. If you are from Michigan do the same with your senator.

    medal.gif27Nov2003 Samarra, Iraq
  • gunphreakgunphreak Member Posts: 1,791 ✭✭✭✭✭
    edited November -1
    I'm in NW Ohio. Just got done shooting down a proposal here.

    Death to Tyrants!!!
    Lev 26:14-39

    Remember how many seats were lost after AWB passage? Vae victis!
    Those who would offer any interpretation that would relegate Amendment II to "relic" status of a bygone era are blatantly stating that the remainder of the Bill of Rights isn't worth a damn, either.

    Luke 22:36.
  • BarbaraBarbara Member Posts: 15 ✭✭
    edited November -1
    quote:
    (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 is one of the creepiest aspects of an altogether horrible piece of legislation. Jacobs got this thing directly from VPC. It doesn't have any real support in the legislature, and its almost fortunate that she wrote it to be so far reaching as it almost guarantees it won't gain support. However, don't be surprised to see another bill come along next time there is a high-profile case involving a semi-auto rifle. We have to keep after these people, electing the right ones in the first place, supporting those who support us, and working hard to defeat those who would sponsor or vote for bills like this.



    Making Michigan SAFR: www.firearmsalliance.org
  • cbr954cbr954 Member Posts: 625 ✭✭✭✭
    edited November -1
    Looks like it might be time for a citizen uprising!
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