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Michigan Criminal Code: Firearms

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Pointing or aiming firearm at another person

Published: 9 months ago
Subcategory:
Firearms

THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

750.233 Pointing or aiming firearm at another person; misdemeanor; penalty; exception; "peace officer defined." Sec. 233.

(1) A person who intentionally but without malice points or aims a firearm at or toward another person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days 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, 750.233 ;-- Am. 2005, Act 303, Imd. Eff. Dec. 21, 2005 Former Law: See section 1 of Act 68 of 1869, being CL 1871, § 7548; How., § 9110; CL 1897, § 11509; CL 1915, § 15232; and CL 1929, § 16776.

Analysis of Michigan Penal Code Section 233

This excerpt is from Act 328 of 1931, which contains Section 233 of the Michigan Penal Code. The section addresses the act of intentionally pointing or aiming a firearm at another person, the associated penalties, and an exception for peace officers.

Pointing or Aiming a Firearm at Another Person

  1. Intentionally pointing or aiming a firearm at or toward another person, without malice, constitutes a misdemeanor offense under this section.
  2. The offense is punishable by imprisonment for up to 93 days, 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 worth noting that Section 233 was amended in 2005 by Act 303, which may have introduced changes to the original text. However, without access to the specific amendments made, it is not possible to provide a detailed analysis of those changes.

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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