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Michigan Criminal Code: Firearms

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Brandishing firearm in public; applicability; violation as misdemeanor

Published: 9 months ago
Subcategory:
Firearms

THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

750.234e Brandishing firearm in public; applicability; violation as misdemeanor; penalty. Sec. 234e.

(1) Except as provided in subsection (2), a person shall not willfully and knowingly brandish a firearm in public. (2) Subsection (1) does not apply to either of the following: (a) A peace officer lawfully performing his or her duties as a peace officer.

(b) A person lawfully acting in self-defense or defense of another under the self-defense act, 2006 PA 309, MCL 780.971 to 780.974. (3) A person who violates this section 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.

History: Add. 1990, Act 321, Eff. Mar. 28, 1991 ;-- Am. 2015, Act 27, Eff. Aug. 10, 2015

Analysis of Michigan Penal Code Section 234e

This excerpt is from Act 328 of 1931, which includes Section 234e of the Michigan Penal Code. The section addresses the act of brandishing a firearm in public and outlines the applicability, exceptions, and penalties associated with such behavior.

Prohibition on Brandishing Firearm in Public

  1. It is prohibited for a person to willfully and knowingly brandish a firearm in public.
  2. Exceptions to the prohibition on brandishing a firearm in public include the following:
    • (a) Peace officers lawfully performing their duties as peace officers.
    • (b) Persons lawfully acting in self-defense or defense of another under the self-defense act, 2006 PA 309, MCL 780.971 to 780.974.

Violation and Penalty

  1. A person who violates this section by brandishing a firearm in public is guilty of a misdemeanor offense.
  2. The penalties for violating this section include:
    • Imprisonment for up to 90 days.
    • A fine of up to $100.00.
    • Both imprisonment and a fine may be imposed.

Please note that Section 234e has undergone amendments since its inclusion in Act 321 of 1990. The most recent amendment was made by Act 27 of 2015.

It is important to be aware that legal interpretations and applications may vary, and it is advisable to consult legal professionals or refer to the complete and updated version of the Michigan Penal Code for precise and current information.

This should be used for informational and general purposes only and should not be construed as legal advice or relied on aside for general information that may contain opinion.

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