HB-4715, As Passed House, November 12, 2013

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4715

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending section 224f (MCL 750.224f), as added by 1992 PA 217.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 224f. (1) Except as provided in subsection (2), a person

 

convicted of a felony shall not possess, use, transport, sell,

 

purchase, carry, ship, receive, or distribute a firearm in this

 

state until the expiration of 3 years after all of the following

 

circumstances exist:

 

     (a) The person has paid all fines imposed for the violation.

 

     (b) The person has served all terms of imprisonment imposed

 

for the violation.

 

     (c) The person has successfully completed all conditions of

 

probation or parole imposed for the violation.

 

     (2) A person convicted of a specified felony shall not

 

possess, use, transport, sell, purchase, carry, ship, receive, or

 

distribute a firearm in this state until all of the following

 

circumstances exist:

 

     (a) The expiration of 5 years after all of the following

 

circumstances exist:

 

     (i) The person has paid all fines imposed for the violation.

 

     (ii) The person has served all terms of imprisonment imposed

 

for the violation.

 

     (iii) The person has successfully completed all conditions of

 

probation or parole imposed for the violation.

 

     (b) The person's right to possess, use, transport, sell,

 

purchase, carry, ship, receive, or distribute a firearm has been

 

restored pursuant to under section 4 of Act No. 372 of the Public

 

Acts of 1927, being section 28.424 of the Michigan Compiled

 

Laws.1927 PA 372, MCL 28.424.

 

     (3) Except as provided in subsection (4), a person convicted

 

of a felony shall not possess, use, transport, sell, carry, ship,

 

or distribute ammunition in this state until the expiration of 3

 

years after all of the following circumstances exist:

 

     (a) The person has paid all fines imposed for the violation.

 

     (b) The person has served all terms of imprisonment imposed

 

for the violation.

 

     (c) The person has successfully completed all conditions of

 

probation or parole imposed for the violation.

 

     (4) A person convicted of a specified felony shall not

 

possess, use, transport, sell, carry, ship, or distribute

 

ammunition in this state until all of the following circumstances

 

exist:

 

     (a) The expiration of 5 years after all of the following

 

circumstances exist:

 

     (i) The person has paid all fines imposed for the violation.

 

     (ii) The person has served all terms of imprisonment imposed

 

for the violation.

 

     (iii) The person has successfully completed all conditions of

 

probation or parole imposed for the violation.

 

     (b) The person's right to possess, use, transport, sell,

 

purchase, carry, ship, receive, or distribute ammunition has been

 

restored under section 4 of 1927 PA 372, MCL 28.424.

 

     (5) (3) A person who possesses, uses, transports, sells,

 

purchases, carries, ships, receives, or distributes a firearm in

 

violation of this section is guilty of a felony , punishable by

 

imprisonment for not more than 5 years , or a fine of not more than

 

$5,000.00, or both.

 

     (6) A person who possesses, uses, transports, sells, carries,

 

ships, or distributes ammunition in violation of this section is

 

guilty of a felony punishable by imprisonment for not more than 5

 

years or a fine of not more than $5,000.00, or both.

 

     (7) Any single criminal transaction where a person possesses,

 

uses, transports, sells, carries, ships, or distributes ammunition

 

in violation of this section, regardless of the amount of

 

ammunition involved, constitutes 1 offense.

 

     (8) (4) This section does not apply to a conviction that has

 

House Bill No. 4715 (H-1) as amended November 7, 2013

been expunged or set aside, or for which the person has been

 

pardoned, unless the expunction, order, or pardon expressly

 

provides that the person shall not possess a firearm or ammunition.

 

     (9) (5) As used in this section[:

     (a) "Ammunition" means any projectile that, in its current state, may be expelled from a firearm by an explosive.

     (b) "felony"] means a violation of

 

a law of this state, or of another state, or of the United States

 

that is punishable by imprisonment for 4 years or more, or an

 

attempt to violate such a law.

 

     (10) (6) As used in subsection subsections (2) and (4),

 

"specified felony" means a felony in which 1 or more of the

 

following circumstances exist:

 

     (a) (i) An element of that felony is the use, attempted use, or

 

threatened use of physical force against the person or property of

 

another, or that by its nature, involves a substantial risk that

 

physical force against the person or property of another may be

 

used in the course of committing the offense.

 

     (b) (ii) An element of that felony is the unlawful manufacture,

 

possession, importation, exportation, distribution, or dispensing

 

of a controlled substance.

 

     (c) (iii) An element of that felony is the unlawful possession

 

or distribution of a firearm.

 

     (d) (iv) An element of that felony is the unlawful use of an

 

explosive.

 

     (e) (v) The felony is burglary of an occupied dwelling, or

 

breaking and entering an occupied dwelling, or arson.