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People v. Smith, Docket No. 55333 — Supreme Court of Michigan (Dec. 21, 1975)

Factual and Procedural Background

This is an interlocutory appeal from the Court of Appeals' decision affirming the trial court's denial of defendant Robert Smith's motion to quash the information charging him with carrying a concealed weapon in a motor vehicle under MCLA 750.227; MSA 28.424. At the preliminary examination Detroit Police Officer Ward testified that he and his partner observed a Ford Econoline van (in which Smith was a passenger) make several erratic U-turns, stopped the van, and through the right window observed what he believed to be the stock of a rifle. Officer Ward opened the door and recovered an M-1 rifle from underneath the second seat. Smith was sitting on the third seat. A cartridge belt and ammunition clips were found in the front seat between co-defendants Gaut and Turner. Defendants filed motions to quash; Smith contended an M-1 rifle was not a "dangerous weapon" within the meaning of MCLA 750.227 and that there was no evidence showing Smith was carrying the weapon. The trial court denied the motion, the Court of Appeals affirmed, and the Supreme Court of Michigan granted interlocutory review.

Legal Issues Presented

  1. Whether a rifle over 30 inches in length (specifically an M-1 rifle) is a "dangerous weapon" within the meaning of MCLA 750.227 when that section is interpreted consistently with the Michigan Constitution and legislative intent.
  2. Whether the evidence presented at the preliminary examination was sufficient to sustain a finding that Robert Smith acknowledged that a rifle was in the vehicle or intended to carry the rifle, thereby supplying probable cause that he committed the offense charged.

Arguments of the Parties

Defendant's Arguments

  • That an M-1 rifle is not a "dangerous weapon" as proscribed by MCLA 750.227 (i.e., the statute's proscription does not encompass rifles of that type or length).
  • That there was no evidence presented at the preliminary examination establishing that Smith was carrying the weapon or that he acknowledged the rifle's presence or intended to carry it; therefore the examining magistrate abused his discretion in binding the case over for trial.

The opinion does not contain a detailed account of the prosecution's specific arguments opposing these contentions.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
United States v Detroit Lumber Company, 200 U.S. 321, 337; 26 S Ct 282; 50 L Ed 499 (1906) Authority cited in a note regarding the status of a syllabus (headnote) as not part of the Court's opinion. Referenced in the Court's explanatory note to indicate that a syllabus, when released, is not part of the opinion; not used as substantive precedent for deciding the statutory question.

Court's Reasoning and Analysis

The Court identified the controlling question as statutory construction: whether MCLA 750.227's phrase "other dangerous weapon except hunting knives adapted and carried as such" and the separate reference to "pistol" encompass long-barreled rifles such as the M-1.

The Court applied the rule of construction ejusdem generis, explaining that where general words follow a designation of particular subjects, the general words are ordinarily restricted to things of the same kind, class, character, or nature as those enumerated. Because the statute enumerates dagger, dirk, stiletto and other stabbing-type weapons and then uses "other dangerous weapon," the Court concluded that the phrase should be limited to stabbing weapons and was not intended to include firearms.

The Court further examined the statutory definition of "pistol" found in MCLA 28.421; MSA 28.91, which defines "pistol" to mean any firearm 30 inches or less in length (or one that conceals itself as a firearm). On that basis the Court concluded that the word "pistol" in MCLA 750.227 does not apply to an M-1 rifle.

The Court contrasted MCLA 750.227 with MCLA 750.226; MSA 28.423, an earlier section of the same act that specifically addresses "Carrying firearm or dangerous weapon with unlawful intent" and expressly includes "firearm." The Court held that M-1 rifles are covered by MCLA 750.226, which requires proof of intent to use the firearm unlawfully, and not by MCLA 750.227, which the Court read as limited to the enumerated and similarly characterized weapons.

The Court noted the Legislature's separate and specific regulatory provisions concerning long-barreled firearms (including MCLA 312.10(d-1) and other statutes cited in the opinion) and reasoned that placing long guns within the concealed-weapons proscription would conflict with the legislative scheme enacted. The Court emphasized it was applying statutory construction principles and that any change in regulation of long guns beyond the existing statutory scheme would be for the Legislature to decide, not the judiciary.

Holding and Implications

REVERSED — The information charging defendant under MCLA 750.227 should have been quashed.

Direct effect: The Supreme Court of Michigan reversed the Court of Appeals and the trial court and directed that the information be quashed because an M-1 rifle is not within the proscription of MCLA 750.227. The Court held that MCLA 750.227 applies only to the dangerous weapons enumerated and similarly characterized therein, while long-barreled firearms such as the M-1 are governed by MCLA 750.226 (which requires proof of unlawful intent) and by other specific statutory provisions (e.g., MCLA 312.10(d-1)).

Broader implications: The decision reflects statutory construction (ejusdem generis) rather than creation of a new rule of criminal liability. The Court did not reach defendant's second question regarding sufficiency of preliminary-examination evidence. The opinion notes existing statutes that address long guns and other dangerous weapons but leaves any change in legislative policy to the Legislature.

PEOPLE v. SMITH

T.G. KAVANAGH, C.J.

This is an interlocutory appeal from the Court of Appeals' decision which affirmed the trial court's denial of defendant's motion to quash the information.

We reverse the Court of Appeals and the trial court and direct that the information be quashed.

Defendant and three others were charged with carrying a concealed weapon in a motor vehicle, MCLA 750.227; MSA 28.424, and after preliminary examination defendants were bound over for trial.

Detroit Police Officer Ward testified at the preliminary examination that he and his partner observed a Ford Econoline van, in which defendant Smith was a passenger, make several erratic U-turns. The van was stopped and Officer Ward while approaching the vehicle observed through the right window what he believed to be the stock of a rifle. He opened the door and grabbed an M-1 rifle from underneath the second seat. Defendant Smith was sitting on the third seat with his feet up. A cartridge belt and clips containing ammunition were found in the front seat between co-defendants Gaut and Turner.

Defendants filed motions to quash, defendant Smith contending that an M-1 rifle was not a dangerous weapon within the meaning of the statute and that there was no evidence showing that defendant Smith was carrying the weapon involved, so that the examining magistrate abused his discretion in binding the case over for trial.

The defendant urges two questions:

Question I

"Is a rifle over 30 inches in length a dangerous weapon within the meaning of MCLA 750.227 if said section is interpreted consistently with the constitution of the State of Michigan and with the intent of the Michigan Legislature?"

Question II

"Was the evidence presented at the preliminary examination sufficient to sustain a finding that Robert Smith had acknowledged that a rifle was in the vehicle or that he in any sense intended to carry said rifle, and therefore, support the finding of probable cause to believe that he committed the offense charged?"

Neither the trial court nor the Court of Appeals gave serious consideration to the objection that an M-1 rifle is not covered by the proscription of MCLA 750.227; MSA 28.424.

We perceive this to be the controlling question.

The statute provides:

"Sec. 227. Carrying Concealed Weapons — Any person who shall carry a dagger, dirk, stiletto, or other dangerous weapon except hunting knives adapted and carried as such, concealed on or about his person, or whether concealed or otherwise in any vehicle operated or occupied by him, except in his dwelling house or place of business or on other land possessed by him; and any person who shall carry a pistol concealed on or about his person, or, whether concealed or otherwise, in any vehicle operated or occupied by him, except in his dwelling house or place of business or on other land possessed by him, without a license to so carry said pistol as provided by law, shall be guilty of a felony, punishable by imprisonment in the state prison for not more than 5 years, or by fine of not more than 2,500 dollars." (Emphasis added.)

The trial court concluded that because an M-1 is a military rifle it comes within the classification of a dangerous weapon. The Court of Appeals majority, observing that the 43-inch rifle is heavy and could also be used as a club, eschewed analysis of the statute because they had "no doubt that the Legislature, when they said `dangerous weapon', in fact meant dangerous weapon * * *".

This misses the real question.

No one suggests that an M-1 rifle is not a dangerous weapon. The question is whether this statute proscribes the carrying of all dangerous weapons or only those of the types specified.

In construing statutes in an effort to ascertain and give effect to the legislative interest, courts are guided by a rule of construction known as "ejusdem generis".

This is a rule whereby in a statute in which general words follow a designation of particular subjects, the meaning of the general words will ordinarily be presumed to be and construed as restricted by the particular designation and as including only things of the same kind, class, character or nature as those specifically enumerated. See 73 Am Jur 2d, Statutes, § 214, pp 407-408.

Thus here the phrase "or other dangerous weapon except hunting knives adapted and carried as such" following those specified types of stabbing weapons, under the rule would be limited to stabbing weapons. As to that part of the statute we see no intent to include firearms of any sort in the phrase "other dangerous weapon".

Nor can we read the word "pistol" in MCLA 750.227; MSA 28.424 as applying to an M-1 rifle. "Pistol" is defined in MCLA 28.421; MSA 28.91 to mean any firearm, loaded or unloaded, 30 inches or less in length, or any firearm, loaded or unloaded, which by its construction and appearance conceals it as a firearm.

In sum, MCLA 750.227; MSA 28.424 applies only to those dangerous weapons enumerated therein. M-1 rifles are not so included. In reaching this conclusion it is important to stress, however, that the Legislature did not, through inadvertence or intent, neglect to consider the problems and dangers posed by the carrying about of long-barreled firearms. The Legislature made specific provision on point in an earlier section of the same act, which reads as follows:

1931 PA 328.

"Carrying firearm or dangerous weapon 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." (Emphasis added.) MCLA 750.226; MSA 28.423.

Without any question whatever, an M-1 rifle is a "firearm" within the scope of MCLA 750.226. Concluding that M-1s are covered by MCLA 750.226 and not by MCLA 750.227 not only accords with a strict reading of both statutes involved, it reflects as well an ordered regulatory scheme enacted by the Legislature. The prohibition against carrying long-barreled firearms does not reasonably belong in a "concealed" weapons class of crimes.

The greater difficulty in prosecuting crimes proscribed under MCLA 750.226 which does require proof of "intent to use the [weapon] unlawfully" in order to support a conviction does not, of course, escape us. It appears, however, that the Legislature was cognizant of the fact that to hold that rifles are included within the proscription of MCLA 750.227 would be to subject most weekend hunters, for example, to potential felony prosecution under MCLA 750.227 notwithstanding their lack of intent to unlawfully use their hunting rifles. Whether the crime situation presently requires consideration of more stringent regulation of the carrying of long guns, under different conditions or with different intent from that set out in MCLA 750.226, would require legislative resolution and is beyond the proper authority of the judiciary.

However, it should be noted that the improper carrying of rifles is also illegal under MCLA 312.10(d-1); MSA 13.1339(d-1), wherein it is provided:
"It shall be unlawful:
* * *
"(d-1) For any person, except as may be otherwise permitted by law, to transport, or have in possession in or upon an automobile or any self-propelled vehicle designed for land travel any firearm except a pistol or revolver unless the same be taken down or enclosed in a case or carried in the trunk of such automobile."
There are also other specific statutes which apply to dangerous weapons other than those specified in the statute under which the defendant was charged. See, for example, MCLA 750.224; MSA 28.421 which applies to the manufacture, sale or possession of a machine gun, silencer, bomb, blackjack, slung shot, billy, metallic knuckles, sand club, bludgeon, or gas container.



In short, what we hold herein should not be taken in any way, shape or form to legalize the carrying about of M-1 rifles or any other sort of weapon hitherto considered "dangerous" with unlawful intent. In light of the extant statutory scheme, we merely hold that the prosecution erred in charging and trying defendant under the inapposite auspices of MCLA 750.227.

Our disposition of this issue makes it unnecessary to reach question II.

The information should have been quashed.

Reversed.

T.M. KAVANAGH, SWAINSON, WILLIAMS, and M.S. COLEMAN, JJ., concurred with T.G. KAVANAGH, C.J.

LEVIN and J.W. FITZGERALD, JJ., did not sit in this case.

NOTE: Where possible, a syllabus (headnote), such as this, will be released at the time the opinion is released. This syllabus is not a part of the opinion of the Court but has been written by the Supreme Court Reporter as a summary of the case for the convenience of readers. See United States v Detroit Lumber Company, 200 U.S. 321, 337; 26 S Ct 282; 50 L Ed 499 (1906).

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PEOPLE v. SMITH
(Jan 21, 1975)