Michigan Criminal Code: Firearms

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Firearms Definitions

Published: 9 months ago
Subcategory:
Firearms

THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

750.222 Definitions. Sec. 222.

As used in this chapter: (a) "Alcoholic liquor" means that term as defined in section 105 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1105. (b) "Barrel length" means the internal length of a firearm as measured from the face of the closed breech of the firearm when it is unloaded, to the forward face of the end of the barrel. (c) "Brandish" means to point, wave about, or display in a threatening manner with the intent to induce fear in another person. (d) "Controlled substance" means a controlled substance or controlled substance analogue as those terms are defined in section 7104 of the public health code, 1978 PA 368, MCL 333.7104. (e) "Firearm" means any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive. (f) "Pistol" means a loaded or unloaded firearm that is 26 inches or less in length, or a loaded or unloaded firearm that by its construction and appearance conceals itself as a firearm. (g) "Pneumatic gun" means that term as defined in section 1 of 1990 PA 319, MCL 123.1101. (h) "Purchaser" means a person who receives a pistol from another person by purchase, gift, or loan. (i) "Rifle" means a firearm designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger. (j) "Seller" means a person who sells, furnishes, loans, or gives a pistol to another person. (k) "Short-barreled rifle" means a rifle having 1 or more barrels less than 16 inches in length or a weapon made from a rifle, whether by alteration, modification, or otherwise, if the weapon as modified has an overall length of less than 26 inches. (l) "Short-barreled shotgun" means a shotgun having 1 or more barrels less than 18 inches in length or a weapon made from a shotgun, whether by alteration, modification, or otherwise, if the weapon as modified has an overall length of less than 26 inches. (m) "Shotgun" means a firearm designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single function of the trigger.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.222 ;-- Am. 1964, Act 215, Eff. Aug. 28, 1964 ;-- Am. 1978, Act 564, Imd. Eff. Dec. 29, 1978 ;-- Am. 1992, Act 217, Imd. Eff. Oct. 13, 1992 ;-- Am. 2001, Act 135, Eff. Feb. 1, 2002 ;-- Am. 2012, Act 242, Eff. Jan. 1, 2013 ;-- Am. 2015, Act 26, Eff. July 1, 2015 ;-- Am. 2015, Act 28, Eff. Aug. 10, 2015

Definitions in Michigan's Penal Code: Understanding the Terminology

The Michigan Penal Code, specifically Section 222 of Act 328 of 1931, provides a set of defined terms used in the code, most of which pertain to firearms and substances. Here's a simplified understanding of the key terms outlined in the act:

What Are the Definitions?

1. Alcoholic Liquor: This term refers to the definition provided in section 105 of the Michigan Liquor Control Code of 1998.

2. Barrel Length: This refers to the internal length of a firearm, measured from the face of the closed breech of the firearm when it is unloaded, to the forward face of the end of the barrel.

3. Brandish: This term means to point, wave, or display something, usually a weapon, in a threatening manner with the intent to induce fear in another person.

4. Controlled Substance: This term refers to a controlled substance or a controlled substance analogue, as defined in section 7104 of the Public Health Code, 1978 PA 368.

5. Firearm: A weapon designed or able to expel a projectile through an explosive action.

6. Pistol: A loaded or unloaded firearm that is 26 inches or less in length, or a firearm that conceals itself as a firearm due to its construction and appearance.

7. Pneumatic Gun: This term refers to the definition provided in section 1 of 1990 PA 319.

8. Purchaser: A person who receives a pistol from another person, either through purchase, gift, or loan.

9. Rifle: A firearm designed to be fired from the shoulder and to use the energy of an explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

10. Seller: A person who sells, furnishes, loans, or gives a pistol to another person.

11. Short-Barreled Rifle: A rifle having one or more barrels less than 16 inches in length, or a weapon made from a rifle, with an overall length of less than 26 inches.

12. Short-Barreled Shotgun: A shotgun having one or more barrels less than 18 inches in length, or a weapon made from a shotgun, with an overall length of less than 26 inches.

13. Shotgun: A firearm designed to be fired from the shoulder and to use the energy of an explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shots or a single projectile for each single function of the trigger.

This article provides a layman's understanding of these legal definitions. Remember, if you find yourself in a situation related to these laws, consult with a legal professional.

Note: This article is purely informational and should not be substituted for professional legal advice.

This should be used for informational and general purposes only and should not be construed as legal advice or relied on aside for general information that may contain opinion.


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