Section 750.528a - Firearm or explosive or incendiary device; teaching or demonstrating use, application, or construction in furtherance of civil disorder; unlawful assembly; applicability of section;
THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931
750.528a Firearm or explosive or incendiary device; teaching or demonstrating use, application, or construction in furtherance of civil disorder; unlawful assembly; applicability of section; violation as felony.
Sec. 528a.
(1) As used in this section:
(a) “Civil disorder” means any public disturbance involving the use of any firearm, explosive, or incendiary device by 3 or more assembled persons which causes an immediate danger to, or which results in damage or injury to, any property or person.
(b) “Explosive or incendiary device” means:
(i) Dynamite, gunpowder, or other similarly explosive substance.
(ii) Any bomb, grenade, missile, or similar device designed to expand suddenly and release internal energy resulting in an explosion.
(iii) Any incendiary bomb or grenade, fire bomb, or similar device designed to ignite, including any device which consists of or includes a breakable container containing a flammable liquid or compound and a wick composed of any material which, if ignited, is capable of igniting the flammable liquid or compound; and which may be carried or thrown by a person.
(c) “Firearm” means any weapon from which a dangerous projectile may be propelled by using explosives, gas, or air as a means of propulsion; any weapon which may be readily converted to expel any projectile by the action of an explosive, or the frame or receiver of such a firearm or weapon, except any smooth bore rifle or handgun designed and manufactured exclusively for propelling BB's not exceeding .177 caliber by means of spring, gas, or air.
(d) “Law enforcement officer” means any of the following:
(i) Every sheriff or sheriff's deputy; village marshal or township constable; officer of the police department of any city, village, or township; any officer of the Michigan state police; or any peace officer who is trained and certified pursuant to Act No. 203 of the Public Acts of 1965, being sections 28.601 to 28.616 of the Michigan Compiled Laws.
(ii) Any officer or employee of the United States, its possessions, or territories who is authorized to enforce the laws of the United States, its possessions, or its territories.
(iii) Any member of the national guard, coast guard, military reserve, or the armed forces of the United States when acting in his or her official capacity.
(2) A person shall not teach or demonstrate to another person the use, application, or construction of any firearm, or any explosive or incendiary device, if that person knows, has reason to know, or intends that what is taught or demonstrated will be used in, or in furtherance of, a civil disorder.
(3) A person shall not assemble with 1 or more persons for the purpose of training with, practicing with, or being instructed in the use of any firearm, or any explosive or incendiary device, if that person intends to use such a firearm or device in, or in furtherance of, a civil disorder.
(4) This section shall not apply to any act of a law enforcement officer which is performed in the lawful performance of his or her official duties as a law enforcement officer, or any activity of any hunting club, rifle club, rifle range, pistol range, shooting range, or other program or individual instruction intended to teach the safe handling or use of firearms, archery equipment, or other weapons or techniques employed in connection with lawful sports, self-defense, or other lawful activities.
(5) A person who violates this section is guilty of a felony.
History: Add. 1986, Act 113, Eff. Mar. 31, 1987