THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

750.237 Liquor or controlled substance; possession or use of firearm by person under influence; violation; penalty; chemical analysis. Sec. 237.

(1) An individual shall not carry, have in possession or under control, or use in any manner or discharge a firearm under any of the following circumstances: (a) The individual is under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance. (b) The individual has an alcohol content of 0.08 or more grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine. (c) Because of the consumption of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance, the individual's ability to use a firearm is visibly impaired. (2) Except as provided in subsections (3) and (4), an individual who violates subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00 for carrying or possessing a firearm, or both, and not more than $500.00 for using or discharging a firearm, or both. (3) An individual who violates subsection (1) and causes a serious impairment of a body function of another individual by the discharge or use in any manner of the firearm is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not less than $1,000.00 or more than $5,000.00, or both. As used in this subsection, "serious impairment of a body function" includes, but is not limited to, 1 or more of the following: (a) Loss of a limb or use of a limb. (b) Loss of a hand, foot, finger, or thumb or use of a hand, foot, finger, or thumb. (c) Loss of an eye or ear or of use of an eye or ear. (d) Loss or substantial impairment of a bodily function. (e) Serious visible disfigurement. (f) A comatose state that lasts for more than 3 days. (g) Measurable brain damage or mental impairment. (h) A skull fracture or other serious bone fracture. (i) Subdural hemorrhage or subdural hematoma. (j) Loss of an organ. (4) An individual who violates subsection (1) and causes the death of another individual by the discharge or use in any manner of a firearm is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not less than $2,500.00 or more than $10,000.00, or both. (5) A peace officer who has probable cause to believe an individual violated subsection (1) may require the individual to submit to a chemical analysis of his or her breath, blood, or urine. However, an individual who is afflicted with hemophilia, diabetes, or a condition requiring the use of an anticoagulant under the direction of a physician is not required to submit to a chemical analysis of his or her blood. (6) Before an individual is required to submit to a chemical analysis under subsection (5), the peace officer shall inform the individual of all of the following: (a) The individual may refuse to submit to the chemical analysis, but if he or she refuses, the officer may obtain a court order requiring the individual to submit to a chemical analysis. (b) If the individual submits to the chemical analysis, he or she may obtain a chemical analysis from a person of his or her own choosing. (7) The failure of a peace officer to comply with the requirements of subsection (6) does not render the results of a chemical analysis inadmissible as evidence in a criminal prosecution for violating this section, in a civil action arising out of a violation of this section, or in any administrative proceeding arising out of a violation of this section. (8) The collection and testing of breath, blood, or urine specimens under this section shall be conducted in the same manner that breath, blood, or urine specimens are collected and tested for alcohol-- and controlled-substance-related driving violations under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923. (9) This section does not prohibit the individual from being charged with, convicted of, or sentenced for any other violation of law arising out of the same transaction as the violation of this section in lieu of being charged with, convicted of, or sentenced for the violation of this section.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.237 ;-- Am. 2001, Act 135, Eff. Feb. 1, 2002 Former Law: See sections 1 and 2 of Act 25 of 1929, being CL 1929, §§ 16780 and 16781.

Analysis of Michigan Penal Code Section 237

The provided excerpt is from Act 328 of 1931, which contains Section 237 of the Michigan Penal Code. This section addresses the possession, use, and discharge of firearms by individuals under the influence of alcohol or controlled substances, outlining prohibited conduct and associated penalties. It also includes provisions for chemical analysis to determine the presence of alcohol or controlled substances.

Prohibited Conduct Related to Firearms and Intoxication

1. It is prohibited for any individual to carry, possess, have under control, use, or discharge a firearm under the following circumstances:
   • (a) When the individual is under the influence of alcoholic liquor, a controlled substance, or a combination thereof.
   • (b) When the individual has an alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
   • (c) When the individual's ability to use a firearm is visibly impaired due to the consumption of alcoholic liquor, a controlled substance, or a combination thereof.

Penalties for Violations

1. An individual who violates the prohibitions outlined in subsection (1) is guilty of a misdemeanor. The penalties include:
   • (a) Carrying or possessing a firearm: Imprisonment for not more than 93 days, a fine of not more than $100.00, or both.
   • (b) Using or discharging a firearm: Imprisonment for not more than 93 days, a fine of not more than $500.00, or both.
2. An individual who violates subsection (1) and causes a serious impairment of a body function of another individual through the use or discharge of a firearm is guilty of a felony. The penalties include:
   • Imprisonment for not more than 5 years.
   • A fine of not less than $1,000.00 or more than $5,000.00, or both.
3. An individual who violates subsection (1) and causes the death of another individual through the use or discharge of a firearm is guilty of a felony. The penalties include:
   • Imprisonment for not more than 15 years.
   • A fine of not less than $2,500.00 or more than $10,000.00, or both.

Chemical Analysis and Testing

1. A peace officer with probable cause may require an individual to submit to a chemical analysis of their breath, blood, or urine if they suspect a violation of subsection (1).
2. Individuals with specific medical conditions, such as hemophilia, diabetes, or those requiring anticoagulants under medical supervision, are not required to submit to a blood analysis.
3. Before an individual is required to submit to a chemical analysis, the peace officer must inform them of their rights, including the option to refuse and the possibility of obtaining an independent analysis.
4. Failure of a peace officer to comply with these requirements does not render the results of a chemical analysis inadmissible as evidence in criminal proceedings or related administrative proceedings.

Additional Provisions

1. The collection and testing of breath, blood, or urine specimens under this section must follow the procedures established for alcohol and controlled-substance-related driving violations under the Michigan Vehicle Code, 1949 PA 300, MCL 257.1 to 257.923.
2. Violation of this section does not preclude an individual from being charged, convicted, or sentenced for any other violation of the law arising from the same incident.

Section 237 was originally enacted as part of Act 328 of 1931, and it has been subsequently amended by Act 135 of 2001. It is important to consult legal professionals or refer to the complete and up-to-date version of the Michigan Penal Code for accurate and current information as interpretations and applications of the law may vary.

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