May 14, 2013, Introduced by Reps. Heise, Zorn and Kesto and referred to the Committee on Judiciary.
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 or
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.
(2) A person convicted of a specified felony shall not
possess, use, transport, sell, purchase, carry, ship, receive, or
distribute a firearm or 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 a firearm or
ammunition
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) A person who possesses, uses, transports, sells,
purchases, carries, ships, receives, or distributes a firearm or
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.
(4) This section does not apply to a conviction that has 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.
(5) As used in this section, "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.
(6) As used in subsection (2), "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.