THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

750.237a Individual engaging in proscribed conduct in weapon free school zone; violation; penalties; definitions. Sec. 237a.

(1) An individual who engages in conduct proscribed under section 224, 224a, 224b, 224c, 224e, 226, 227, 227a, 227f, 234a, 234b, or 234c, or who engages in conduct proscribed under section 223(2) for a second or subsequent time, in a weapon free school zone is guilty of a felony punishable by 1 or more of the following: (a) Imprisonment for not more than the maximum term of imprisonment authorized for the section violated. (b) Community service for not more than 150 hours. (c) A fine of not more than 3 times the maximum fine authorized for the section violated. (2) An individual who engages in conduct proscribed under section 223(1), 224d, 227c, 227d, 231c, 232a(1) or (4), 233, 234, 234e, 234f, 235, 236, or 237, or who engages in conduct proscribed under section 223(2) for the first time, in a weapon free school zone is guilty of a misdemeanor punishable by 1 or more of the following: (a) Imprisonment for not more than the maximum term of imprisonment authorized for the section violated or 93 days, whichever is greater. (b) Community service for not more than 100 hours. (c) A fine of not more than $2,000.00 or the maximum fine authorized for the section violated, whichever is greater. (3) Subsections (1) and (2) do not apply to conduct proscribed under a section enumerated in those subsections to the extent that the proscribed conduct is otherwise exempted or authorized under this chapter. (4) Except as provided in subsection (5), an individual who possesses a weapon in a weapon free school zone is guilty of a misdemeanor punishable by 1 or more of the following: (a) Imprisonment for not more than 93 days. (b) Community service for not more than 100 hours. (c) A fine of not more than $2,000.00. (5) Subsection (4) does not apply to any of the following: (a) An individual employed by or contracted by a school if the possession of that weapon is to provide security services for the school. (b) A peace officer. (c) An individual licensed by this state or another state to carry a concealed weapon. (d) An individual who possesses a weapon provided by a school or a school's instructor on school property for purposes of providing or receiving instruction in the use of that weapon. (e) An individual who possesses a firearm on school property if that possession is with the permission of the school's principal or an agent of the school designated by the school's principal or the school board. (f) An individual who is 18 years of age or older who is not a student at the school and who possesses a firearm on school property while transporting a student to or from the school if any of the following apply: (i) The individual is carrying an antique firearm, completely unloaded, in a wrapper or container in the trunk of a vehicle while en route to or from a hunting or target shooting area or function involving the exhibition, demonstration or sale of antique firearms. (ii) The individual is carrying a firearm unloaded in a wrapper or container in the trunk of the person's vehicle, while in possession of a valid Michigan hunting license or proof of valid membership in an organization having shooting range facilities, and while en route to or from a hunting or target shooting area. (iii) The individual is carrying a firearm unloaded in a wrapper or container in the trunk of the individual's vehicle from the place of purchase to his or her home or place of business or to a place of repair or back to his or her home or place of business, or in moving goods from one place of abode or business to another place of abode or business. (iv) The individual is carrying an unloaded firearm in the passenger compartment of a vehicle that does not have a trunk, if the individual is otherwise complying with the requirements of subparagraph (ii) or (iii) and the wrapper or container is not readily accessible to the occupants of the vehicle. (6) As used in this section: (a) "Antique firearm" means either of the following: (i) A firearm not designed or redesigned for using rimfire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including a matchlock, flintlock, percussion cap, or similar type of ignition system or a replica of such a firearm, whether actually manufactured before or after the year 1898. (ii) A firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade. (b) "School" means a public, private, denominational, or parochial school offering developmental kindergarten, kindergarten, or any grade from 1 through 12. (c) "School property" means a building, playing field, or property used for school purposes to impart instruction to children or used for functions and events sponsored by a school, except a building used primarily for adult education or college extension courses. (d) "Weapon" includes, but is not limited to, a pneumatic gun. (e) "Weapon free school zone" means school property and a vehicle used by a school to transport students to or from school property.

History: Add. 1994, Act 158, Eff. Aug. 15, 1994 ;-- Am. 2015, Act 26, Eff. July 1, 2015 ;-- Am. 2017, Act 96, Eff. Oct. 11, 2017

Analysis of Michigan Penal Code Section 237a

The provided excerpt is from Act 328 of 1931, which contains Section 237a of the Michigan Penal Code. This section addresses various prohibited conduct related to weapon-free school zones and outlines the corresponding penalties. It also includes definitions of relevant terms.

Prohibited Conduct in Weapon Free School Zones

1. An individual who engages in conduct prohibited under specific sections, such as section 224, 224a, 224b, 224c, 224e, 226, 227, 227a, 227f, 234a, 234b, or 234c, or who engages in conduct prohibited under section 223(2) for a subsequent time, in a weapon-free school zone is guilty of a felony. The penalties include:
   • (a) Imprisonment for a term not exceeding the maximum authorized for the violated section.
   • (b) Community service for not more than 150 hours.
   • (c) A fine of not more than three times the maximum fine authorized for the violated section.
2. An individual who engages in conduct prohibited under specific sections, such as section 223(1), 224d, 227c, 227d, 231c, 232a(1) or (4), 233, 234, 234e, 234f, 235, 236, or 237, or who engages in conduct prohibited under section 223(2) for the first time, in a weapon-free school zone is guilty of a misdemeanor. The penalties include:
   • (a) Imprisonment for a term not exceeding the maximum authorized for the violated section or 93 days, whichever is greater.
   • (b) Community service for not more than 100 hours.
   • (c) A fine of not more than $2,000.00 or the maximum fine authorized for the violated section, whichever is greater.
3. The provisions of subsections (1) and (2) do not apply to conduct prohibited under the enumerated sections if that conduct is otherwise exempted or authorized under this chapter.
4. An individual who possesses a weapon in a weapon-free school zone is guilty of a misdemeanor. The penalties include:
   • (a) Imprisonment for not more than 93 days.
   • (b) Community service for not more than 100 hours.
   • (c) A fine of not more than $2,000.00.
5. Subsection (4) does not apply to the following:
   • (a) An individual employed by or contracted by a school if the possession of the weapon is for providing security services.
   • (b) A peace officer.
   • (c) An individual licensed by Michigan or another state to carry a concealed weapon.
   • (d) An individual possessing a weapon provided by a school or instructor on school property for instructional purposes.
   • (e) An individual possessing a firearm on school property with the permission of the school's principal or an agent designated by the principal or school board.
   • (f) An individual aged 18 or older, not a student at the school, transporting a student to or from the school, under specific circumstances related to antique firearms, hunting or target shooting, or transportation.

Definitions

1. "Antique firearm" refers to firearms manufactured in or before 1898, using specific types of ignition systems or fixed ammunition that is no longer manufactured in the United States and not readily available in commercial trade.
2. "School" refers to public, private, denominational, or parochial institutions offering developmental kindergarten, kindergarten, or grades 1 through 12.
3. "School property" includes buildings, playing fields, or property used for school purposes to instruct children or host school-sponsored events, excluding buildings primarily used for adult education or college extension courses.
4. "Weapon" encompasses various instruments, including pneumatic guns.
5. "Weapon-free school zone" refers to school property and vehicles used by schools for student transportation.

Section 237a was originally enacted as part of Act 328 of 1931, and it has been subsequently amended by Act 158 of 1994, Act 26 of 2015, and Act 96 of 2017. For accurate and up-to-date information, it is advisable to consult legal professionals or refer to the complete and current version of the Michigan Penal Code.

Please note that the above analysis is provided for informational purposes only and should not be construed as legal advice.