Michigan Law as it pertains to airsoft
Jul 3, 2008 15:51:07 GMT -5
OXIDE, cavman, and 1 more like this
Post by Reaper6 on Jul 3, 2008 15:51:07 GMT -5
Here is Michigan Law as it pertains to airsoft:
State of Michigan ---------------------------------------------------------------------------------
We must first look at the definitions of a firearm under the Michigan statutory law scheme. From the Michigan State Statutes, we find:
CHAPTER XXXVII
FIREARMS
750.222 Definitions.
(d) “Firearm” means a weapon from which a dangerous projectile may be propelled by an explosive, or by gas or air. Firearm does not include a smooth bore rifle or handgun designed and manufactured exclusively for propelling by a spring, or by gas or air, BB’s not exceeding .177 caliber.
SOURCES: Mich. Comp. Laws Ann. §§28.421a-422b; 28.425; 28.425b;28.425c-d; 28.425f-g; 28.425l; 28.425o; 28.429; 28.430; 123.1101; 750.224; 750.226; 750.227; 750.236; 750.324; 752.891
Comments: This section, whose language is mirrored throughout the Michigan Annotated Code, leaves open the question about the status of airsoft guns. The Statute clearly exempts BB Guns from being classified as a firearm with the restriction that the BBs ejected from the gun does not exceed .177 caliber.
Airsoft 6mm BBs are .236 caliber mathematically. Again, the Preemption of State and Local Law against the banning of sales of Airsoft guns is contained in the Federal Law and Federal Regulation so by operation of law, airsoft is also exempted from the classification as a “firearm” and in doing so, is not an unconstitutional intrusion into the Rights of States in their lawful exercise of their “police powers” to enact laws for the benefit of public safety.
However, airsoft guns can reasonably be considered “imitation firearms” and the State has proposed legislation (see below) prohibiting any change, alteration, obliteration of any coloration or markings on such “imitation firearms”. This law reproduces the same prohibitions as the California law. Notice in Section 2 that using an “imitation firearm” unlawfully is a felony with stiff penalties. Player beware.
From my search of the Michigan State statutes and a call to the Attorney General’s Office, I cannot find any current requirement that airsoft gun owners are required to keep the coloring intact after purchase, hence, the need for the bill below being proposed in June 2007. It is still under consideration as of June 2008.
HOUSE BILL No.
A bill to amend 1931 PA 328, entitled "The Michigan penal code,"
(MCL 750.1 to 750.568) by adding section 225.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 225. (1) Subject to subsection (3), a person shall not change, alter, remove, or obliterate any coloration or markings that are required for an imitation firearm by any applicable state or federal law in any way that makes an imitation firearm look more
like a firearm. A person that violates this subsection is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.
(2) An individual shall not knowingly point, display, or use an imitation firearm with the purpose of intimidating, threatening, or attempting to put an individual in fear of bodily injury or for any unlawful purpose. An individual who violates this subsection is
guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both.
(3) Subsection (1) does not apply to a manufacturer, importer, or distributor of imitation firearms or to the lawful use of an imitation firearm in a motion picture, television, stage, or other theatrical production.
(4) As used in this section:
(a) "BB gun" means a smooth bore rifle or handgun designed and manufactured exclusively to propel BBs that do not exceed .177 caliber by a spring or by gas or air.
(b) "Firearm" means that term as defined in section 222.
(c) "Imitation firearm" means a BB gun, toy gun, replica of a firearm, or other device that is so substantially similar in coloration and overall appearance to an existing firearm as to lead a reasonable person to perceive that the device is a firearm.
NOTE: All research on this was done by Mike Watkins, Attorney at Law, Licensed in the state of Alabama.
State of Michigan ---------------------------------------------------------------------------------
We must first look at the definitions of a firearm under the Michigan statutory law scheme. From the Michigan State Statutes, we find:
CHAPTER XXXVII
FIREARMS
750.222 Definitions.
(d) “Firearm” means a weapon from which a dangerous projectile may be propelled by an explosive, or by gas or air. Firearm does not include a smooth bore rifle or handgun designed and manufactured exclusively for propelling by a spring, or by gas or air, BB’s not exceeding .177 caliber.
SOURCES: Mich. Comp. Laws Ann. §§28.421a-422b; 28.425; 28.425b;28.425c-d; 28.425f-g; 28.425l; 28.425o; 28.429; 28.430; 123.1101; 750.224; 750.226; 750.227; 750.236; 750.324; 752.891
Comments: This section, whose language is mirrored throughout the Michigan Annotated Code, leaves open the question about the status of airsoft guns. The Statute clearly exempts BB Guns from being classified as a firearm with the restriction that the BBs ejected from the gun does not exceed .177 caliber.
Airsoft 6mm BBs are .236 caliber mathematically. Again, the Preemption of State and Local Law against the banning of sales of Airsoft guns is contained in the Federal Law and Federal Regulation so by operation of law, airsoft is also exempted from the classification as a “firearm” and in doing so, is not an unconstitutional intrusion into the Rights of States in their lawful exercise of their “police powers” to enact laws for the benefit of public safety.
However, airsoft guns can reasonably be considered “imitation firearms” and the State has proposed legislation (see below) prohibiting any change, alteration, obliteration of any coloration or markings on such “imitation firearms”. This law reproduces the same prohibitions as the California law. Notice in Section 2 that using an “imitation firearm” unlawfully is a felony with stiff penalties. Player beware.
From my search of the Michigan State statutes and a call to the Attorney General’s Office, I cannot find any current requirement that airsoft gun owners are required to keep the coloring intact after purchase, hence, the need for the bill below being proposed in June 2007. It is still under consideration as of June 2008.
HOUSE BILL No.
A bill to amend 1931 PA 328, entitled "The Michigan penal code,"
(MCL 750.1 to 750.568) by adding section 225.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 225. (1) Subject to subsection (3), a person shall not change, alter, remove, or obliterate any coloration or markings that are required for an imitation firearm by any applicable state or federal law in any way that makes an imitation firearm look more
like a firearm. A person that violates this subsection is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.
(2) An individual shall not knowingly point, display, or use an imitation firearm with the purpose of intimidating, threatening, or attempting to put an individual in fear of bodily injury or for any unlawful purpose. An individual who violates this subsection is
guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both.
(3) Subsection (1) does not apply to a manufacturer, importer, or distributor of imitation firearms or to the lawful use of an imitation firearm in a motion picture, television, stage, or other theatrical production.
(4) As used in this section:
(a) "BB gun" means a smooth bore rifle or handgun designed and manufactured exclusively to propel BBs that do not exceed .177 caliber by a spring or by gas or air.
(b) "Firearm" means that term as defined in section 222.
(c) "Imitation firearm" means a BB gun, toy gun, replica of a firearm, or other device that is so substantially similar in coloration and overall appearance to an existing firearm as to lead a reasonable person to perceive that the device is a firearm.
NOTE: All research on this was done by Mike Watkins, Attorney at Law, Licensed in the state of Alabama.
