Bayonets and Michigan law

Discussion in 'The Constitutional & RKBA Forum' started by ShawnDow, Nov 19, 2012.

  1. ShawnDow

    ShawnDow Member

    Joined:
    Jun 17, 2012
    Messages:
    494
    Location:
    Tawas City, Michigan
    Quickie... Does any one know if there is/not a law pertaining to having bayonets on your firearm? I have a Chinese SKS... and I'd LIKE to keep the bayo attached at all times.... Who would I ask about this law? State, County, or City police? or does any one know off hand?
  2. ka64

    ka64 Well-Known Member

    Joined:
    May 1, 2011
    Messages:
    1,764
    Location:
    Richmond & Sterling Michigan
    There is no Bayonet laws in Michigan, but there are knife laws, you decide. I wouldn't.


    These are Michigan's knife laws...

    Michigan -750.226... Carrying with unlawful intent
    Any person who, with intent to use the same unlawfully
    against the person of another, goes armed with a pistol
    or other firearm or dagger, dirk, razor, stiletto, or
    knife having a blade over 3 inches in length, or any
    other dangerous or deadly weapon or instrument, shall
    be guilty of a felony, punishable by imprisonment in
    the state prison for not more than 5 years or by a fine
    of not more than 2,500 dollars.

    - 750.226a. Pocket knife opened by mechanical device...
    Any person who shall sell or offer to sell, or
    any person who shall have in his possession any knife
    having the appearance of a pocket knife, the blade or
    blades of which can be opened by a flick of a button,
    pressure on a handle or other mechanical contrivance shall
    be guilty of a misdemeanor... [Also, concealed carry may
    be charged as a felony under 750.227.] The provisions of
    this section [750.226a] shall not apply to any one-armed
    person carrying a knife on his person in connection with
    his living requirements.

    - 750.227. (1) A person shall not carry a dagger, dirk,
    stiletto, a double-edged nonfolding stabbing instrument of
    any length, or any dangerous weapon, except a hunting
    knife adapted and carried as such, concealed on or about
    his or her person, or whether concealed or otherwise in
    any vehicle... except in his or her dwelling house [or]
    place of business... (3) A person who violates this
    section is guilty of a felony...

    - 750.222a Double-edged, nonfolding stabbing instrument defined.
    (1) As used in this chapter, 'doubled-edged, nonfolding
    stabbing instrument' does not include a knife, tool,
    implement, arrowhead, or artifact manufactured from stone by
    means of conchoidal fracturing.
    (2) Subsection (1) does not apply to an item being transported
    in a vehicle, unless the item is in a container and inaccessible
    to the driver.
    History: Add. 2000, Act 343, Imd. Eff. Dec. 27, 2000 .


    - 259.80f Possessing... certain items in sterile area of airport;
    (1) An individual shall not possess, carry, or attempt to possess
    or carry any of the following in a sterile area of a commercial airport:
    (a) Firearm.
    (b) Explosive.
    (c) Knife with a blade of any length.
    (d) Razor, box cutter, or item with a similar blade.
    (e) Dangerous weapon.
    (2) Except as provided in subsection (3), an individual who
    violates subsection (1) is guilty of a misdemeanor punishable
    by imprisonment for not more than 1 year or a fine of not more
    than $1,000.00, or both.
    (3) An individual who violates subsection (1) while doing any of
    the following is guilty of a felony punishable by imprisonment for
    not more than 10 years or a fine of not more than $10,000.00, or both:
    (a) Getting on or attempting to get on an aircraft.
    (b) Placing, attempting to place, or attempting to have placed on an
    aircraft an item listed in subsection (1).
    (c) Committing or attempting to commit a felony.
    (4) [Exempts most officials]...
    (7) As used in this section:
    (a) 'Commercial airport' means an airport that has regularly
    scheduled commercial flights to and from other destinations.
    (c) 'Sterile area' means that term as defined in 14 C.F.R. 107.1.
    History: Add. 2001, Act 225, Eff. Apr. 1, 2002 .

    - 380.1313 Dangerous weapon found in possession of pupil...
    (1) If a dangerous weapon is found in the possession of a pupil
    while the pupil is in attendance at school or a school activity
    or while the pupil is enroute to or from school on a school bus,
    the superintendent of the school district or intermediate school
    district, or his or her designee, immediately shall report that
    finding to the pupil's parent or legal guardian and the local
    law enforcement agency.
    (2) If a school official finds that a dangerous weapon is in the
    possession of a pupil as described in subsection (1), the school
    official may confiscate the dangerous weapon or shall request a
    law enforcement agency to respond as soon as possible and to
    confiscate the dangerous weapon. If a school official confiscates
    a dangerous weapon under this subsection, the school official
    shall give the dangerous weapon to a law enforcement agency and
    shall not release the dangerous weapon to any other person,
    including the legal owner of the dangerous weapon. A school
    official who complies in good faith with this section is not
    civilly or criminally liable for that compliance...
    (4) As used in this section, 'dangerous weapon' means a firearm,
    dagger, dirk, stiletto, knife with a blade over 3 inches in length,
    pocket knife opened by a mechanical device, iron bar, or brass knuckles.
    History: Add. 1987, Act 211, Imd. Eff. Dec. 22, 1987 ;--Am. 1995,
    Act 76, Eff. Aug. 1, 1995 .
    Popular Name: Act 451

    *

    Michigan Case Law:
    - "Constitutionality: The double jeopardy protection against
    multiple punishment for the same offense is a restriction
    on a court's ability to impose punishment in excess of that
    intended by the Legislature, not a limit on the Legislature's
    power to define crime and fix punishment. People v. Sturgis,
    427 Mich. 392, 397 N.W.2d 783 (1986).

    - "Purpose of this section is to prevent quarreling or
    criminal persons from suddenly drawing weapons without
    notice to other persons." (1980)

    - "Purpose of concealed weapons statutes, such as this
    section, is to prevent men in sudden quarrel or in
    commission of crime from drawing concealed weapons and
    using them without prior notice to their victims that they
    were armed, inasmuch as person attacked would behave one
    way if he knew his assailant was armed and perhaps another
    way if he could safely presume that assailant was
    unarmed." (1969)

    - "The basic intent of the legislature as indicated in
    concealed weapon statute was that weapons should not be
    carried when they might be used to take lives." (196

    _ "...the 'dwelling house' exception to the concealed weapons
    statute did not apply to defendant who was incarcerated in
    state prison at time of alleged commission of such
    offense." (197

    - "Purpose or intent with which a weapon is carried is not an
    element of offense of carrying a concealed weapon." (1973)
    - "Jury's determination that knife sharpening steel, which
    defendant... contended he carried only for protection...
    was a concealed weapon, was justified." (1971)

    - "Straight razor in pocket of defendant was 'concealed'..."
    (1967)

    - "Daggers, dirks, stilettos... and similar articles,
    designed for the purpose of bodily assault or defense, are
    generally recognized as 'dangerous weapons per se'..."
    (1945)

    - "Pocket knives, razors, hammers, hatchets, wrenches,
    cutting tools, and other articles would constitute
    'dangerous weapons'... if used or carried for use as
    weapons." (1945)

    - "An ordinary jackknife with a pointed blade 3-5/16 inches
    long was not a 'dangerous weapon...' in the absence of
    evidence that it was used or carried for use as a weapon."
    (1945)

    - "Five-inch, double-edged, nonfolding knife was not a
    'hunting knife' within hunting knife exception..." (1989)

    - "Defendant charged with carrying concealed weapon had
    burden of proving that hunting knife was 'adapted and
    carried as such'..." (1980)
  3. ShawnDow

    ShawnDow Member

    Joined:
    Jun 17, 2012
    Messages:
    494
    Location:
    Tawas City, Michigan
    KA64.. Thanks for the knife laws. Im in violation of a few.. oops.. Ill have to fix that.
    I stopped by the Iosco County sheriff's office today to inquire about it... Duhhhh... well they had NO idea! They suggested seeing a FFL dealer who should know such laws. Well it looks like ill have to call, There is not a FFL dealer near me! And I don't think the guys at wally world would know the answer!
    Thanks for the input KA64.
    Shawn
  4. deadin

    deadin Well-Known Member

    Joined:
    May 16, 2006
    Messages:
    1,080
    I love this one!:D:D
    Sounds like a jailhouse lawyer tried to claim his cell as his "dwelling house" when they caught him with a weapon.......:rolleyes:
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