Michigan Criminal Code: Firearms

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Possession of firearm on certain premises prohibited; applicability; violation as misdemeanor

Published: 9 months ago
Subcategory:
Firearms

THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

750.234d Possession of firearm on certain premises prohibited; applicability; violation as misdemeanor; penalty. Sec. 234d.

(1) Except as provided in subsection (2), a person shall not possess a firearm on the premises of any of the following: (a) A depository financial institution or a subsidiary or affiliate of a depository financial institution. (b) A church or other house of religious worship. (c) A court. (d) A theatre. (e) A sports arena. (f) A day care center. (g) A hospital. (h) An establishment licensed under the Michigan liquor control act, Act No. 8 of the Public Acts of the Extra Session of 1933, being sections 436.1 to 436.58 of the Michigan Compiled Laws. (2) This section does not apply to any of the following: (a) A person who owns, or is employed by or contracted by, an entity described in subsection (1) if the possession of that firearm is to provide security services for that entity. (b) A peace officer. (c) A person licensed by this state or another state to carry a concealed weapon. (d) A person who possesses a firearm on the premises of an entity described in subsection (1) if that possession is with the permission of the owner or an agent of the owner of that entity. (3) A person who violates this section 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. 1990, Act 321, Eff. Mar. 28, 1991 ;-- Am. 1992, Act 218, Imd. Eff. Oct. 13, 1992 ;-- Am. 1994, Act 158, Eff. Aug. 15, 1994

Analysis of Michigan Penal Code Section 234d

This excerpt is from Act 328 of 1931, which includes Section 234d of the Michigan Penal Code. The section addresses the possession of a firearm on certain premises and outlines the prohibitions, exceptions, and penalties associated with such possession.

Possession of Firearm on Prohibited Premises

  1. A person is prohibited from possessing a firearm on the premises of the following establishments:
    • (a) A depository financial institution or its subsidiary or affiliate.
    • (b) A church or other house of religious worship.
    • (c) A court.
    • (d) A theatre.
    • (e) A sports arena.
    • (f) A day care center.
    • (g) A hospital.
    • (h) An establishment licensed under the Michigan liquor control act.
  2. Exceptions to the prohibition on firearm possession on these premises include the following:
    • (a) Persons who own, are employed by, or are contracted by the mentioned establishments and possess firearms for providing security services.
    • (b) Peace officers.
    • (c) Persons licensed by Michigan or another state to carry concealed weapons.
    • (d) Persons with the permission of the owner or an agent of the owner of the premises.

Violation and Penalty

  1. A person who violates this section by possessing a firearm on the prohibited premises is guilty of a misdemeanor offense.
  2. The penalties for violating this section include:
    • Imprisonment for up to 90 days.
    • A fine of up to $100.00.
    • Both imprisonment and a fine may be imposed.

Please note that Section 234d has undergone amendments since its inclusion in Act 321 of 1990. The amendments include changes made by Act 218 of 1992 and Act 158 of 1994.

It is important to be aware that legal interpretations and applications may 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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