September 10, 2015, Introduced by Senators WARREN and BIEDA and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 223 and 232a (MCL 750.223 and 750.232a),
section 223 as amended by 2012 PA 242 and section 232a as amended
by 1990 PA 321.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
223. (1) A person who knowingly sells a pistol firearm
without complying with section 2 of 1927 PA 372, MCL 28.422, is
guilty of a misdemeanor, punishable by imprisonment for not more
than 90 days, or a fine of not more than $100.00, or both.
(2) A person who knowingly sells a firearm more than 26 inches
in length to a person under 18 years of age is guilty of a
misdemeanor, punishable by imprisonment for not more than 90 days,
or a fine of not more than $500.00, or both. A second or subsequent
violation of this subsection is a felony punishable by imprisonment
for not more than 4 years, or a fine of not more than $2,000.00, or
both. It is an affirmative defense to a prosecution under this
subsection that the person who sold the firearm asked to see and
was shown a driver's license or identification card issued by a
state that identified the purchaser as being 18 years of age or
older.
(3) A seller shall not sell a firearm or ammunition to a
person if the seller knows that either of the following
circumstances exists:
(a) The person is under indictment for a felony. As used in
this subdivision, "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.
(b) The person is prohibited under section 224f from
possessing, using, transporting, selling, purchasing, carrying,
shipping, receiving, or distributing a firearm.
(4) A person who violates subsection (3) is guilty of a
felony, punishable by imprisonment for not more than 10 years, or
by a fine of not more than $5,000.00, or both.
(5)
As used in this section, "licensed dealer" means a person
licensed
under 18 USC 923 who regularly buys and sells firearms as
a
commercial activity with the principal objective of livelihood
and
profit.
Sec. 232a. (1) Except as provided in subsection (2), a person
who
obtains a pistol firearm in violation of section 2 of Act No.
372
of the Public Acts of 1927, as amended, being section 28.422 of
the
Michigan Compiled Laws, 1927
PA 372, MCL 28.422, is guilty of a
misdemeanor, punishable by imprisonment for not more than 90 days
or a fine of not more than $100.00, or both.
(2) Subsection (1) does not apply to a person who obtained a
pistol
in violation of section 2 of Act No. 372 of the Public Acts
of
1927 1927 PA 372, MCL 28.422,
before the effective date of the
1990
amendatory act that added this subsection, March 28, 1991, who
has not been convicted of that violation, and who obtains a license
as
required under section 2 of Act No. 372 of the Public Acts of
1927
1927 PA 372, MCL 28.422, within 90 days after the effective
date
of the 1990 amendatory act that added this subsection.March
28, 1991.
(3) A person who intentionally makes a material false
statement
on an application for a license to purchase a pistol
firearm
under section 2 of Act No. 372 of
the Public Acts of 1927,
as
amended, 1927 PA 372, MCL
28.422, is guilty of a felony,
punishable by imprisonment for not more than 4 years, or a fine of
not more than $2,000.00, or both.
(4) A person who uses or attempts to use false identification
or the identification of another person to purchase a firearm is
guilty of a misdemeanor, punishable by imprisonment for not more
than 90 days or a fine of not more than $100.00, or both.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 478
of the 98th Legislature is enacted into law.