For the purposes of this article, the following words and phrases shall have the meaning respectively ascribed to them by this section:
Ammunition means ammunition or cartridge cases, primers, bullets, or propellent powder designed for use in any firearm.
Brandish means, as defined in Section 222 of the Michigan Penal Code, being MCL 750.222, to point, wave about, or display in a threatening manner with the intent to induce fear in another person.
Cane sword means a cane or swagger stick, which has a blade concealed within, that may be used as a sword or stiletto.
Dart means a pointed weapon or stick thrown by hand.
Dealer means any person engaged in the business of selling at retail or renting any pneumatic gun.
Domestic Violence means in accordance with MCL 400.1501 the occurrence of any of the following acts by a person that is not an act of self-defense:
(1) Causing or attempting to cause physical or mental harm to a family or household member.
(2) Placing a family or household member in fear of physical or mental harm.
(3) Causing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress.
(4) Engaging in activity toward a family or household member that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
Family or household member means any of the following;
(1) A spouse or former spouse;
(2) An individual with whom the person resides or has resided;
(3) An individual with whom the person has or has had a dating relationship;
(4) An individual with whom the person is or has engaged in a sexual relationship;
(5) An individual to whom the person is related or was formerly related by marriage;
(6) An individual with whom the person has a child in common; or
(7) The minor child of any individual described by this subsection.
Firearm means, as defined in Section 222 of the Michigan Penal Code, being MCL 750.222, any weapon which will, is designed to, or may readily be converted to expel a projectile by action of an explosive.
Machine gun means any firearm from which more than one shot or bullet may be discharged, without manually reloading, by a single function of the trigger.
Military personnel means members of the Armed Forces of the United States or their Reserve Services, members of the Michigan National Guard, or members of the Reserve Officers Training Corps, while in the performance of their official duties.
Peace officer means any police officer, any member of the police reserves, any sheriff or such sheriffs deputy, or any officer of the Michigan Department of State Police, or any other person who, by virtue of office or public employment, is vested by law with the duty to maintain public order or make arrests for any offenses or is limited to specific offenses.
Person means any individual, corporation, company, association, firm, partnership, society, fraternal order, or other legal entity but does not mean a governmental entity.
Pistol means, as defined in Section 222 of the Michigan Penal Code, being MCL 750.222, 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.
Pneumatic gun means, as defined in Section 1 of the Michigan Firearms and Ammunition Act, being MCL 123.1101, any implement, designed as a gun, which will expel a BB or pellet by spring, gas, or air, including a paintball gun that expels by pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact.
Public place means any place, which the public, or a substantial group of the public, has access, and includes, but is not limited to, streets, highways, and the common areas of apartment houses, commercial establishments, hospitals, schools, and transport facilities.
Replica or facsimile firearms means any devices or objects made of plastic, wood, metal, or any other material which are replicas, facsimiles, or toy versions of, or are otherwise recognizable as: a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher, starter pistol, pneumatic gun, inoperative firearm, or other firearm and includes, but is not limited to, toy guns, theatrical production props, hobby models, either in kit form or fully assembled, or any other devices which might reasonably be perceived to be real firearms.
Rifle means, as defined in Section 222 of the Michigan Penal Code, being MCL 750.222, 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.
Sale means a transfer made in exchange for legal consideration.
Security personnel means:
(1) Special agents employed by a railroad or public utility to perform police functions;
(2) Guards of armored car companies;
(3) Watchpersons, security guards, and other persons regularly employed by a lawful commercial or industrial concern for the protection of its property, employees, or visitors, who have a valid active concealed weapons license issued by Wayne County Gun Board or any other jurisdiction having the authority to issue such a concealed weapons permit license; and
(4) Personnel or guards that have been certified under the Michigan Private Security Business and Security Alarm Act, being MCL 338.1051 et seq.
Shotgun means, as defined in Section 222 of the Michigan Penal Code, being MCL 750.222, 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.
Switch-blade or self-opening knife means a knife containing a blade, which can be opened by depressing a button, pressure on the handle, release of a spring or other mechanical contrivance.
Transfer means give, deliver, convey, assign, confer, exchange, consign, hand over, or otherwise relinquish ownership or possession in favor of another but does
not mean a transfer made by a peace officer, military personnel, or security personnel in the course of their duties.
Umbrella sword means an umbrella, which has a blade concealed within, that may be used as a sword or stiletto.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-24 (JCC 3/17/2020, Passed 7/14/2020, Approved 7/20/2020, Published 8/10/2020, Effective 8/10/2020); Amended by Ord. No. 2021-37 (JCC 10/12/2021, Passed 10/26/2021, Approved 11/1/2021, Published 11/4/2021, Effective 11/4/2021).
(a) It shall be unlawful for any person to possess or receive any firearm or ammunition when that person is subject to a court order that:
(1) Was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
(2) Restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child;
and
(3) Either:
a. includes a finding that such person represents a credible threat to the physical safely of such intimate partner or child; or
b. by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury.
(b) It shall he unlawful for any person who has been convicted in any court of a misdemeanor crime of domestic violence to possess or receive any firearm or ammunition.
(1) A person shall not be considered to have been convicted of a misdemeanor crime of domestic violence, unless:
a. The person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and
b. In the event the person was entitled to a jury trial, the case was either tried by a jury, or the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise.
(c) Subsection (b) of this section shall not apply with respect to the sale or disposition of a firearm or ammunition to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector who pursuant federal law is either not precluded from dealing in firearms or ammunition, or has been granted relief from disabilities therein.
(d) Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had his civil rights restored shall not be considered a conviction for purposes of this ordinance, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-37 (JCC 10/12/2021, Passed 10/26/2021, Approved 11/1/2021, Published 11/4/2021, Effective 11/4/2021).
(a) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that:
(1) Was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and
(2) Either:
a. Includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
b. By its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury.
(b) It shall be unlawful for, any person to sell or otherwise dispose of any firearm or ammunition to any person who has been convicted in any court of a misdemeanor crime of domestic violence.
(c) Subsections (a) and (b) of this section shall not apply with respect to the sale or disposition of a firearm or ammunition to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector who pursuant to federal law is not precluded from dealing in firearms or ammunition, or to a person who has been granted relief from disabilities therein.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-37 (JCC 10/12/2021, Passed 10/26/2021, Approved 11/1/2021, Published 11/4/2021, Effective 11/4/2021).
It shall be unlawful for any person to sell, offer for sale, possess, use or loan any cane sword, or umbrella sword.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-24 (JCC 3/17/2020, Passed 7/14/2020, Approved 7/20/2020, Published 8/10/2020, Effective 8/10/2020).
Any cane sword, dart, knife, or umbrella sword possessed contrary to the provisions of this Code, or state or federal law, is hereby declared contraband and forfeited to the Chief of Police to be disposed of in a manner to be determined by the Chief.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-24 (JCC 3/17/2020, Passed 7/14/2020, Approved 7/20/2020, Published 8/10/2020, Effective 8/10/2020).