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Michigan Criminal Code: Firearms

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Firearm; discharge; intentionally aimed without malice; misdemeanor

Published: 9 months ago
Subcategory:
Firearms

THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

750.234 Firearm; discharge; intentionally aimed without malice; misdemeanor; penalty; exception; "peace officer" defined. Sec. 234.

(1) A person who discharges a firearm while it is intentionally but without malice aimed at or toward another person, without injuring another person, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $500.00, or both. (2) This section does not apply to a peace officer of this state or another state, or of a local unit of government of this state or another state, or of the United States, performing his or her duties as a peace officer. As used in this section, "peace officer" means that term as defined in section 215.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.234 ;-- Am. 2005, Act 303, Imd. Eff. Dec. 21, 2005 Former Law: See section 2 of Act 68 of 1869, being CL 1871, § 7548; How., § 9111; CL 1897, § 11510; CL 1915, § 15233; and CL 1929, § 16777.

Analysis of Michigan Penal Code Section 234

This excerpt is from Act 328 of 1931, which includes Section 234 of the Michigan Penal Code. The section addresses the discharge of a firearm intentionally aimed at another person without malice, the associated penalties, and an exception for peace officers.

Discharging a Firearm Intentionally Aimed at Another Person

  1. If a person discharges a firearm intentionally but without malice, while aiming it at or toward another person without causing injury, they commit a misdemeanor offense under this section.
  2. The offense is punishable by imprisonment for up to 1 year, a fine of up to $500, or both.

Exception for Peace Officers

  1. This section does not apply to peace officers performing their duties as peace officers. Peace officers include those serving at the state, local, or federal level.
  2. The term "peace officer" is defined in Section 215 of the Michigan Penal Code.

It is important to note that Section 234 was amended in 2005 by Act 303. The details of the amendments, however, are not specified in this excerpt.

Please be aware that legal interpretations and applications can 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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