Michigan Criminal Code: Firearms

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Obtaining firearm in violation of MCL 28.422; intentionally making material false statement on application for license to purchase firearm

Published: 9 months ago
Subcategory:
Firearms

THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931 ***** 750.232a.amended THIS AMENDED SECTION IS EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2023 REGULAR SESSION SINE DIE *****

750.232a.amended Obtaining firearm in violation of MCL 28.422; intentionally making material false statement on application for license to purchase firearm; using or attempting to use false identification or identification of another person to purchase firearm; penalties. Sec. 232a.

(1) Except as provided in subsection (2), a person who obtains a firearm in violation of section 2 of 1927 PA 372, MCL 28.422, 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. (2) Subsection (1) does not apply to a person who obtained a pistol in violation of section 2 of 1927 PA 372, MCL 28.422, before March 28, 1991, who has not been convicted of that violation, and who obtains a license as required under section 2 of 1927 PA 372, MCL 28.422, within 90 days after March 28, 1991. (3) A person who intentionally makes a material false statement on an application for a license to purchase a firearm under section 2 of 1927 PA 372, MCL 28.422, 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. (4) A person who uses or attempts to use false identification or the identification of another person to purchase a firearm 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. 1943, Act 54, Eff. July 30, 1943 ;-- CL 1948, 750.232a ;-- Am. 1990, Act 321, Eff. Mar. 28, 1991 ;-- Am. 2023, Act 18, Eff. (sine die) Compiler's Notes: For provisions of section 2, referred to in this section, see MCL 28.422.

Analysis of Michigan Penal Code Section 232a (Amended)

This excerpt is from Act 328 of 1931, which contains amendments to Section 232a of the Michigan Penal Code. The amended section pertains to penalties associated with obtaining a firearm in violation of Section 2 of 1927 PA 372 (MCL 28.422), making false statements on a license application to purchase a firearm, and using false identification to acquire a firearm.

Violation of Firearms Acquisition Law

  1. A person who obtains a firearm in violation of Section 2 of 1927 PA 372 (MCL 28.422) commits a misdemeanor. This offense is punishable by imprisonment for up to 90 days, a fine of up to $100, or both.
  2. There is an exception to this rule for individuals who obtained a pistol in violation of Section 2 of 1927 PA 372 (MCL 28.422) before March 28, 1991, have not been convicted of that violation, and obtain a license as required under Section 2 of 1927 PA 372 (MCL 28.422) within 90 days after March 28, 1991.

Making False Statements on a License Application

A person who intentionally makes a material false statement on an application for a license to purchase a firearm under Section 2 of 1927 PA 372 (MCL 28.422) commits a felony. This offense is punishable by imprisonment for up to 4 years, a fine of up to $2,000, or both.

Using False Identification to Acquire a Firearm

A person who uses or attempts to use false identification or the identification of another person to purchase a firearm is guilty of a misdemeanor. This violation is punishable by imprisonment for up to 90 days, a fine of up to $100, or both.

It is important to note that this amended section is set to take effect 91 days after the adjournment of the 2023 regular session sine die, as indicated by the note at the start of the section. As always, it is advisable to consult legal professionals for guidance specific to individual circumstances. This interpretation is based on the text of the law and may be subject to change or different interpretations based on various factors.

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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