June 7, 2018, Introduced by Reps. Chang, Whiteford, Rendon and Kesto and referred to the Committee on Law and Justice.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 224f (MCL 750.224f), as amended by 2014 PA 4.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 224f. (1) Except as provided in subsection (2), a person
convicted of a misdemeanor involving domestic violence a second or
subsequent time or 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 under section 4 of 1927 PA 372, MCL 28.424.
(3) Except as provided in subsection (4), a person convicted
of a misdemeanor involving domestic violence a second or subsequent
time or 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) 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 in which 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) 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.
(9) 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)
As used in subsections (2) and (4), "specified
(c) "Specified felony" means a felony in which 1 or more of
the following circumstances exist:
(i) (a)
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.
(ii) (b)
An element of that felony is the
unlawful
manufacture, possession, importation, exportation, distribution, or
dispensing of a controlled substance.
(iii) (c)
An element of that felony is the
unlawful possession
or distribution of a firearm.
(iv) (d)
An element of that felony is the
unlawful use of an
explosive.
(v) (e)
The felony is burglary of an
occupied dwelling, or
breaking and entering an occupied dwelling, or arson.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.