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Monthly Archives: March 2012

  • Taser Use Will Soon Be Legal In Michigan

    A senate bill has passed that will soon make the use of a Taser Legal in Michigan. Residents have been unable to use the weapons for quite some time and a recent bill changed all this.

    SUMMARY OF SENATE BILLS 29, 30, & 93 AS PASSED BY THE SENATE

    The bills would amend various acts to:
    o Expand the use and possession of an electro-muscular disruption device (EMD) to include a holder of a concealed pistol license (CPL).
    o Subject possession and use of an EMD to the same requirements and prohibitions as for a concealed pistol.
    o Include a reserve peace officer among the peace officers authorized to carry and use an EMD.
    o Place new criminal penalties for the unlawful use of an EMD by a person authorized to possess and use an EMD in the sentencing guidelines.

    In general, the sale or possession of stun guns and their ilk is strictly prohibited. A narrow exception is made for a device using electro-muscular disruption technology (EMD) and that delivers the shock through probes attached to wires. The devices also dispel “tags,” which are confetti-type objects that contain identification and tracking
    information traceable to the purchaser.

    The bills would all take effect 90 days after enactment.

    Senate Bill 29 would amend the Michigan Penal Code (MCL 750.224a). The bill would do the following:

    o Allow the possession and reasonable use of an EMD by an individual with a valid concealed pistol license and who has been trained as specified in the bill regarding the use, effects, and risks of the device.
    o Require an authorized dealer or seller of an EMD to a CPL holder to verify the person’s identity and possession of a valid CPL. The dealer or seller must also provide, at the time of sale, training on the use, effects, and risks of the device. A violation of these provisions would be a misdemeanor punishable by up to 30 days in jail and/or a fine of not more than $500.
    o Make using an EMD against another person, except under circumstances that would justify the individual’s lawful use of physical force, a high court misdemeanor punishable by imprisonment for not more than two years and/or a fine of not more than $2,000. This penalty would apply to all persons authorized to possess and use an EMD, including peace officers.
    o Include a reserve police officer, as defined in PA 372 of 1927, in the definition of “peace officer,” thus authorizing these individuals to possess and use EMDs in the performance of their duties. In addition, to be a lawful EMD for purposes of the act, the device must contain an identification and tracking system that dispenses coded material traceable to the purchaser through records kept by the manufacturer, and the manufacturer must have a policy of providing that information to a police agency upon written request by that agency.

    Tasers

    brand products are the only ones now that have identification and a tracking system as required by law.

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