RE: [MV] Feloney Posession of a MV....

From: Mercer, Richard (RichMerc@norrell.com)
Date: Mon Jan 03 2000 - 17:18:29 PST


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IT IS A FELONY TO POSSESS MANY MILITARY VEHICLES IN MICHIGAN !!!!!
<snip>

Jim,
OK, point made. This became law as a part of Act 328 of 1931. This act
contains several other laws which you'll never see enforced:

COHABITATION OF DIVORCED PEOPLE A FELONY
COHABITATION A MISDEMEANOR
CURSING AND BLASPHEMY A MISDEMEANOR
HOMOSEXULITY & BEASTIALITY A FELONY
CHALLENGING SOMEONE TO A DUEL A FELONY
INDENCENT LANGUANGE IN PRESENCE OF WOMEN/CHILDREN A MISDEMEANOR

Okay, so maybe you've got me on the indecent language law with the Cussing
Canoeist (Timothy Boomer) case, where the guy cussed in front of children.
And of course, as Mr. Boomer found out, one cannot go into court, even with
ACLU backing, and say "your honor, because none of these other laws have
been enforced in 20+ years, neither should this one." The judge would laugh
you all the way to the fine payment window. However, obscurity has its
benefits. Out of sight, out of mind. Our local state patrol has/had on the
back of their ticket books a "common traffic laws and their codes". One
could argue that if you don't violate one of these (that they see every
day), you're not very likely to get a ticket. I mean, does the average
trooper know the minimum size and wattage for a brake light? And I've never
heard a radio call like "Hey sarge, what's dem bumpers 'sposed to be - one
and a half or three miles per hour?"

Time is not on our side though. With growing anti-gun/militia/OD sentiment,
it may not be politically correct for a lawmaker to back you two or three
years from now. I would write/call my representative ASAP and make sure
they repeal this silly law. That is what they are there for. Since there
are several MV folks in Michigan, I'd be sure each representative knew the
name(s) of the representatives of the other MV owners. You don't see much
solo-sponsorship of laws. Other than that, pray that no one finds your toys
before then!! I would also "hide" my MVs in a garage or u-store-it place
(out of sight out of mind works both ways).

I am not a lawyer and do not play one on TV. Don't construe this as legal
advice.

Incidentally, the Cussing Canoeist, Mr. Boomer, was sentenced to a $75 fine
and four days of community service. Judging by the length of the cussing
tirade, that was about 25c per word. His free speech wasn't quite free, but
close. Oh well. And I can't figure out why the prosecutor recommended he
spend his community service time around children - aint there a saying
something like "trick me once, shame on you; trick me twice, shame on me"?
Good coverage of the case on Court TV website,
http://www.courttv.com/trials/boomer/060999_ctv.html.

Richard

More complete text for the unenforceable laws:

COHABITATION OF DIVORCED PEOPLE A FELONY - M.S.A. 28.218, 28.219, 28.220,
28.221
Cohabitation by divorced parties-If any persons after being divorced from
the bonds of matrimony for any cause whatever, shall cohabit together, they
shall be liable to all the penalties provided by law against adultery.

COHABITATION A MISDEMEANOR - M.S.A. 28.567
Any man or woman, not being married to each other, who shall lewdly and
lasciviously associate and cohabit together, and any man or woman, married
or unmarried, who shall be guilty of open and gross lewdness and lascivious
behavior, shall be guilty of a misdemeanor, punishable by imprisonment in
the county jail not more than 1 year, or by fine of not more than $500.00.
No prosecution shall be commenced under this section after 1 year from the
time of committing the offense

CURSING AND BLASPHEMY A MISDEMEANOR - M.S.A. 28.297, 28.298
Cursing and swearing-Any person who has arrived at the age of discretion,
who shall profanely curse or damn or swear by the name of God, Jesus Christ
or the Holy Ghost, shall be guilty of a misdemeanor. No such prosecution
shall be sustained unless it shall be commenced within 5 days after the
commission of such offense.

HOMOSEXULITY & BEASTIALITY A FELONY - M.S.A. 28.355, M.S.A. 28.570
Any person who shall commit the abominable and detestable crime against
nature either with mankind or with any animal shall be guilty of a felony,
punishable by imprisonment in the state prison not more than 15 years, or if
such person was at the time of the said offense a sexually delinquent
person, may be punishable by imprisonment in the state prison for an
indeterminate term, the minimum of which shall be 1 day and the maximum of
which shall be life.

CHALLENGING SOMEONE TO A DUEL A FELONY - M.S.A. 28.368
Engaging in or challenging to fight duel-Any person who shall engage in a
duel with any deadly weapon, although no homicide ensue, or who shall
challenge another to fight such duel, or shall send or deliver any written
or verbal message, purporting or intended to be such challenge, although no
duel ensue, shall be guilty of a felony, punishable by imprisonment in the
state prison not more than 10 years or by a fine of not more than 5,000
dollars, and shall also be incapable of holding or of being elected or
appointed to any place of honor, profit or trust, under the constitution or
laws of this state.

INDENCENT LANGUANGE IN PRESENCE OF WOMEN/CHILDREN A MISDEMEANOR - M.S.A.
28.569
Indecent, etc., language in presence of women or children-Any person who
shall use any indecent, immoral, obscene, vulgar or insulting language in
the presence or hearing of any woman or child shall be guilty of a
misdemeanor.

I found all this in a few minutes using
http://www.michiganlegislature.org/law/, a free Michigan law search engine.



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