THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931 ***** 750.232a THIS SECTION IS AMENDED EFFECTIVE 91 DAYS AFTER ADJOURNMENT OF THE 2023 REGULAR SESSION SINE DIE: See 750.232a.amended *****
750.232a Obtaining pistol in violation of MCL 28.422; intentionally making material false statement on application for license to purchase pistol; 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 pistol in violation of section 2 of Act No. 372 of the Public Acts of 1927, as amended, being section 28.422 of the Michigan Compiled Laws, 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 Act No. 372 of the Public Acts of 1927 before the effective date of the 1990 amendatory act that added this subsection, who has not been convicted of that violation, and who obtains a license as required under section 2 of Act No. 372 of the Public Acts of 1927 within 90 days after the effective date of the 1990 amendatory act that added this subsection. (3) A person who intentionally makes a material false statement on an application for a license to purchase a pistol under section 2 of Act No. 372 of the Public Acts of 1927, as amended, 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 Compiler's Notes: For provisions of section 2, referred to in this section, see MCL 28.422.
Understanding Michigan's Laws on Violations Concerning Pistol Acquisition
This excerpt is from the Michigan Penal Code, specifically Act 328 of 1931, Section 232a. It pertains to penalties related to obtaining a pistol in violation of certain laws, making false statements on a pistol purchase license application, and using false identification to purchase a firearm.
Violation of Pistol Acquisition Law
- A person who obtains a pistol in violation of Section 2 of Act No. 372 of the Public Acts of 1927, as amended (Section 28.422 of the Michigan Compiled Laws), commits a misdemeanor. This violation is punishable by imprisonment for up to 90 days, a fine of up to $100, or both.
- There is an exception to this rule for those who obtained a pistol in violation of the same law before the effective date of the 1990 amendment that added this subsection. This exception applies to individuals who have not been convicted of that violation and who obtain a license as required under Section 2 of Act No. 372 of the Public Acts of 1927 within 90 days after the effective date of the 1990 amendment that added this subsection.
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 pistol under Section 2 of Act No. 372 of the Public Acts of 1927, as amended, commits a felony. This is punishable by imprisonment for up to 4 years, a fine of up to $2,000, or both.
Using False Identification to Purchase 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's important to note that the law is set to be amended 91 days after the adjournment of the 2023 regular session sine die, according to a note at the start of the section. As always, consult a legal professional for advice related to specific circumstances. This interpretation is based on the text of the law and may be subject to change or different interpretations based on various factors.