April 12, 2018, Introduced by Senators HERTEL, ANANICH, KNEZEK, HOPGOOD, BIEDA, CONYERS, YOUNG, GREGORY, HOOD and WARREN and referred to the Committee on Government Operations.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 223, 232a, and 237a (MCL 750.223, 750.232a,
and 750.237a), section 223 as amended by 2012 PA 242, section 232a
as amended by 1990 PA 321, and section 237a as amended by 2017 PA
96.
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.
Sec. 237a. (1) An individual who engages in conduct proscribed
under section 224, 224a, 224b, 224c, 224e, 226, 227, 227a, 227f,
234a, 234b, or 234c, or who engages in conduct proscribed under
section 223(2) for a second or subsequent time, in a weapon free
school zone is guilty of a felony punishable by 1 or more of the
following:
(a) Imprisonment for not more than the maximum term of
imprisonment authorized for the section violated.
(b) Community service for not more than 150 hours.
(c) A fine of not more than 3 times the maximum fine
authorized for the section violated.
(2) An individual who engages in conduct proscribed under
section 223(1), 224d, 227c, 227d, 231c, 232a(1) or (4), 233, 234,
234e, 234f, 235, 236, or 237, or who engages in conduct proscribed
under section 223(2) for the first time, in a weapon free school
zone is guilty of a misdemeanor punishable by 1 or more of the
following:
(a) Imprisonment for not more than the maximum term of
imprisonment authorized for the section violated or 93 days,
whichever is greater.
(b) Community service for not more than 100 hours.
(c) A fine of not more than $2,000.00 or the maximum fine
authorized for the section violated, whichever is greater.
(3) Subsections (1) and (2) do not apply to conduct proscribed
under a section enumerated in those subsections to the extent that
the proscribed conduct is otherwise exempted or authorized under
this chapter.
(4) Except as provided in subsection (5), an individual who
possesses a weapon in a weapon free school zone is guilty of a
misdemeanor punishable by 1 or more of the following:
(a) Imprisonment for not more than 93 days.
(b) Community service for not more than 100 hours.
(c) A fine of not more than $2,000.00.
(5) Subsection (4) does not apply to any of the following:
(a) An individual employed by or contracted by a school if the
possession of that weapon is to provide security services for the
school.
(b) A peace officer.
(c)
An individual licensed by this state or another state to
carry
a concealed weapon.
(c) (d)
An individual who possesses a
weapon provided by a
school or a school's instructor on school property for purposes of
providing or receiving instruction in the use of that weapon.
(d) (e)
An individual who possesses a
firearm on school
property if that possession is with the permission of the school's
principal or an agent of the school designated by the school's
principal or the school board.
(e) (f)
An individual who is 18 years of
age or older who is
not a student at the school and who possesses a firearm on school
property while transporting a student to or from the school if any
of the following apply:
(i) The individual is carrying an antique firearm, completely
unloaded, in a wrapper or container in the trunk of a vehicle while
en route to or from a hunting or target shooting area or function
involving the exhibition, demonstration or sale of antique
firearms.
(ii) The individual is carrying a firearm unloaded in a
wrapper or container in the trunk of the person's vehicle, while in
possession of a valid Michigan hunting license or proof of valid
membership in an organization having shooting range facilities, and
while en route to or from a hunting or target shooting area.
(iii) The individual is carrying a firearm unloaded in a
wrapper or container in the trunk of the individual's vehicle from
the place of purchase to his or her home or place of business or to
a place of repair or back to his or her home or place of business,
or in moving goods from one place of abode or business to another
place of abode or business.
(iv) The individual is carrying an unloaded firearm in the
passenger compartment of a vehicle that does not have a trunk, if
the individual is otherwise complying with the requirements of
subparagraph (ii) or (iii) and the wrapper or container is not
readily accessible to the occupants of the vehicle.
(6) As used in this section:
(a) "Antique firearm" means either of the following:
(i) A firearm not designed or redesigned for using rimfire or
conventional center fire ignition with fixed ammunition and
manufactured in or before 1898, including a matchlock, flintlock,
percussion cap, or similar type of ignition system or a replica of
such a firearm, whether actually manufactured before or after the
year 1898.
(ii) A firearm using fixed ammunition manufactured in or
before 1898, for which ammunition is no longer manufactured in the
United States and is not readily available in the ordinary channels
of commercial trade.
(b) "School" means a public, private, denominational, or
parochial school offering developmental kindergarten, kindergarten,
or any grade from 1 through 12.
(c) "School property" means a building, playing field, or
property used for school purposes to impart instruction to children
or used for functions and events sponsored by a school, except a
building used primarily for adult education or college extension
courses.
(d) "Weapon" includes, but is not limited to, a pneumatic gun.
(e) "Weapon free school zone" means school property and a
vehicle used by a school to transport students to or from school
property.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 934
of the 99th Legislature is enacted into law.