THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

750.227g Body armor; purchase, ownership, possession, or use by convicted felon; prohibition; issuance of written permission; violation as felony; definitions. Sec. 227g.

(1) Except as otherwise provided in this section, a person who has been convicted of a violent felony shall not purchase, own, possess, or use body armor. (2) A person who has been convicted of a violent felony whose employment, livelihood, or safety is dependent on his or her ability to purchase, own, possess, or use body armor may petition the chief of police of the local unit of government in which he or she resides or, if he or she does not reside in a local unit of government that has a police department, the county sheriff, for written permission to purchase, own, possess, or use body armor under this section. (3) The chief of police of a local unit of government or the county sheriff may grant a person who properly petitions that chief of police or county sheriff under subsection (2) written permission to purchase, own, possess, or use body armor as provided in this section if the chief of police or county sheriff determines that both of the following circumstances exist: (a) The petitioner is likely to use body armor in a safe and lawful manner. (b) The petitioner has reasonable need for the protection provided by body armor. (4) In making the determination required under subsection (3), the chief of police or county sheriff shall consider all of the following: (a) The petitioner's continued employment. (b) The interests of justice. (c) Other circumstances justifying issuance of written permission to purchase, own, possess, or use body armor. (5) The chief of police or county sheriff may restrict written permission issued to a petitioner under this section in any manner determined appropriate by that chief of police or county sheriff. If permission is restricted, the chief of police or county sheriff shall state the restrictions in the permission document. (6) It is the intent of the legislature that chiefs of police and county sheriffs exercise broad discretion in determining whether to issue written permission to purchase, own, possess, or use body armor under this section. However, nothing in this section requires a chief of police or county sheriff to issue written permission to any particular petitioner. The issuance of written permission to purchase, own, possess, or use body armor under this section does not relieve any person or entity from criminal liability that might otherwise be imposed. (7) A person who receives written permission from a chief of police or county sheriff to purchase, own, possess, or use body armor shall have that written permission in his or her possession when he or she is purchasing, owning, possessing, or using body armor. (8) A law enforcement agency may issue body armor to a person who is in custody or who is a witness to a crime for his or her own protection without a petition being previously filed under subsection (2). If the law enforcement agency issues body armor to the person under this subsection, the law enforcement agency shall document the reasons for issuing body armor and retain a copy of that document as an official record. The law enforcement agency shall also issue written permission to the person to possess and use body armor under this section. (9) A person who violates this section is guilty of a crime as follows: (a) For a violation of subsection (1), the person 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. (b) For a violation of subsection (7), the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both. (10) As used in this section: (a) "Body armor" means that term as defined in section 227f. (b) "Violent felony" means that term as defined in section 36 of 1953 PA 232, MCL 791.236.

History: Add. 2000, Act 224, Eff. Oct. 1, 2000

Understanding Michigan's Laws on Body Armor Possession by Convicted Felons

We are looking at an excerpt from the Michigan Penal Code, Act 328 of 1931, Section 227g. This section focuses on the conditions and penalties for convicted felons purchasing, owning, possessing, or using body armor.

Body Armor and Convicted Felons

Under Michigan law, a person convicted of a violent felony is generally prohibited from purchasing, owning, possessing, or using body armor.

Petition for Permission

However, there is a provision for those whose job, livelihood, or safety depends on the ability to use body armor. These individuals can petition their local chief of police or county sheriff for written permission to buy, own, possess, or use body armor.

The chief of police or county sheriff has the discretion to grant permission if they determine:

• The petitioner is likely to use body armor in a safe and lawful manner.
• The petitioner has a reasonable need for the protection provided by body armor.

In deciding, they will consider:

• The petitioner's continued employment.
• The interests of justice.
• Other circumstances justifying permission to purchase, own, possess, or use body armor.

Restrictions and Legislation Intent

The chief of police or county sheriff can impose restrictions on the permission, which should be clearly stated in the permission document. It is the intent of the legislature that police chiefs and county sheriffs exercise broad discretion in issuing permission.

The issuance of written permission does not exempt anyone from criminal liability that might otherwise be imposed. Also, individuals granted permission must carry it while purchasing, owning, possessing, or using body armor.

Law Enforcement and Body Armor

Law enforcement can issue body armor to persons in custody or witnesses to a crime for their own protection without a prior petition. In such cases, the law enforcement agency must document the reasons and retain a copy as an official record.

Violation and Penalties

Violating these regulations results in:

• A felony punishable by up to 4 years imprisonment, a fine up to $2,000, or both for violating the prohibition for violent felons.
• A misdemeanor punishable by up to 93 days imprisonment, a fine up to $100, or both for violating the requirement to carry written permission.

Definitions

This section references definitions from other sections:

• "Body armor" is defined in section 227f.
• "Violent felony" is defined in section 36 of 1953 PA 232, MCL 791.236.

As with all laws and regulations, it's crucial to consult with a legal professional for advice related to specific situations, as laws may change over time, and circumstances can vary.